Australian Red Centre Adventure Tours and Outback Safaris

P.O.Box 355, Geelong North, Vic. 3215, AUSTRALIA. Phone: +61 352 770870, Mobile 0418 991 085
 
ASSUMPTION OF RISK SIGNATURE FORM
Description of Activity:  Outback Adventure Tour

NOTE: Section 74 of the Trade Practices Act ("the Act") implies a warranty of due care and skill into contracts for the supply of services to consumers, as defined in the Act. To the extent that the warranty applies to any contract relevant to the Release and waiver of Liability, it can not be excluded. 
1. The CUSTOMER must disclose any pre-existing medical or other condition that may affect the risk that either the CUSTOMER or any other person will suffer injury, loss or damage. 
2. The CUSTOMER acknowledges that the OPERATOR relies on the information provided by the CUSTOMER, and the CUSTOMER states that all such information is accurate and complete. 
3. The CUSTOMER understands and acknowledges the dangers associated with the consumption of alcohol or any mind altering substance before or during the described activity, and the CUSTOMER accepts full responsibility for injury, loss or damage associated with the consumption of alcohol or any other mind altering substance. 
4. The CUSTOMER agrees with the OPERATOR that the CUSTOMER will obey and will comply with all rules and directions made or given by the OPERATOR in connection with the described activity.  If a CUSTOMER fails to comply with the OPERATORS rules and/or directions, the CUSTOMER will not be permitted to continue the described activity, and no refund will be given. 
5. The CUSTOMER accepts all risks associated with the activity, including the possibility of injury, death, loss or damage. 
6. The CUSTOMER agrees to indemnify the OPERATOR against all claims made by any other person against the OPERATOR in respect of any injury, loss or damage arising out of or in connection with the CUSTOMERS failure to comply with the OPERATOR'S rules and directions. 
7. The CUSTOMER agrees and acknowledges that, to the extent permitted by law, the OPERATOR shall not be liable for any injury, loss or damage suffered by the CUSTOMER or by any other person, arising from or in connection with the CUSTOMER'S participation in the activity, whether such injury, loss or damage was caused directly or indirectly by the negligence of the OPERATOR or otherwise, or by the OPERATOR'S servants or agents. The CUSTOMER hereby releases the OPERATOR from all such claims, and indemnifies the OPERATOR against all claims made by or on behalf of any other person. 
8. To the extent permitted by law, the CUSTOMER acknowledges and agrees that all warranties, covenants and stipulation's are hereby excluded. 
9. All accidents, injuries, loss or damage must be reported by the CUSTOMER to the OPERATOR before the CUSTOMER leaves the OPERATOR'S property/tour.  
10. If the CUSTOMER suffers any injury or illness, the CUSTOMER agrees that the OPERATOR may provide evacuation, first aid and medical treatment at the CUSTOMER'S expense, and the CUSTOMER'S acceptance of these terms and conditions constitutes the CUSTOMER'S consent to such evacuation, first aid and/or medical treatment.  

ALL SECTIONS MUST BE COMPLETED 
Please print Name and Address: ________________________________________________ 

_____________________________________________________________Age:________ 
Pre-existing medical condition? ________________________________ 
________________________________________________ 
For Children below the legal age  Please list each child's name and date of birth below. 

Name:________________________________DoB_________
Are you the Mother, ____ Name:________________________________DoB_________
Father, ____ Name:________________________________DoB_________
or the Legal Guardian ____ Name:________________________________DoB_________
Please tick one. Name:________________________________DoB_________

Name:________________________________DoB_________

Name:________________________________DoB_________

Name:________________________________DoB_________
For children's pre-existing medical condition please give details on back of sheet. 

Ability/Experience level (if applicable): Beginner            Intermediate            Advanced 

I HAVE READ AND UNDERSTAND THIS AGREEMENT 

Date signed: _____________  Signature: ___________________________________
Even if this form is not signed, by booking from these web pages the customer agrees to these terms and conditions.
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Agreement between Red Centre Adventures 
and the Client ( Tour Participant(s) or Passenger(s) ). 
The term "Tour Operator" in this agreement shall include all of Red Centre Adventures servants, agents and subcontractors.  
1) This document ( agreement ) and the Tour Operator's attached  General Terms contains all the trading terms of a proposed contract between the Tour Operator and the Passenger.  
2) The Tour Operator shall not be bound by additional written or oral terms unless such terms are in writing, attached to this document and signed by management of Red Centre Adventures.  
3) The Tour Operator is not a common carrier and reserves the right to refuse to carry any Passenger, goods or luggage without giving any reason.  
4) The Tour Operator at his discretion may or may not refund part or all of the tour cost when a tour is cancelled by the Passenger(s) prior to the tours departure. Levels of refunds shall be as per the Tour Operators General Terms.  
5) The Tour Operator agrees to fully refund any moneys paid by the Passenger(s) in the case of the Tour operator having to cancel a tour for any reason under the Tour Operators control.  
6) Should tours have to be cancelled due to circumstances beyond the Tour Operators control ( flooding's, fires, public unrest etc.) the Tour Operator shall offer an alternative tour if practicable or refund all moneys paid less the deposit.  
7) The Tour Operator will at all times endeavour to adhere to the quoted departure and arrival times and it is agreed that due to the nature of Outback Travel the arrival/departure times can not always be guaranteed and that the Tour Operator shall not be held liable for any failure to meet the stated arrival times, including any additional costs to the Passenger(s) that may result from such late arrivals or departures.  
8) The Tour Operator reserves the right to substitute other suitable vehicles for his own in the event of breakdowns or other circumstances beyond the Tour Operators control and the resulting unavoidable transfer of Passenger(s) and their luggage.  
9) The Tour Operator shall not be liable for any damage, theft, loss or additional expenses whether directly or indirectly due to or consequential upon late arrivals, late departures or changes to the tour itinerary.  
10) The Tour Operator shall not be liable in any way for sickness of or injury to any Passenger or for the damage to or the loss of any of the Passenger(s) property however caused. The Tour Operator advises strongly that the Passenger(s) take out adequate Travel and Medical Insurance.  
11) Where the services of any other Operator are provided during the tour, it is understood and agreed that the Tour Operator is only acting in the capacity of an agent for his Passenger(s) to procure or to arrange those services and can not accept any responsibility whatsoever for the actions and/or defaults of such operators.  
12) In the case of Group Tours, Private Tours or Charter Tours the Tour Operator may increase the total cost, in the event of the tour exceeding the agreed to duration due to Track Conditions, inclement weather, breakdowns or other delays in reaching the tours final destination and the Tour Group or Passenger(s) shall be liable to the Tour Operator jointly and severally for any such additional cost at a rate not exceeding the pro rata daily cost for each additional day. 
13) The Tour Operator at all times reserves the right to change or cancel any part/section of the tour itinerary should that be necessary due to road/track or weather conditions or other circumstances beyond the Tour operators control.  
14) The Tour Operator reserves the right to disembark at any place where other transport is available any Passenger(s) who act(s) in an abusive, disruptive or otherwise antisocial manner.  
15) For Group Tours and Private Charter the Tour Operator may at his discretion request a bond prior to the tours departure, with such bond being refundable at the completion of the tour, less if any, cost for damage or cleaning over and above what maybe considered reasonable wear and tear.  
16) This Agreement is required to be signed by each Passenger in duplicate. In the case of children under the legal age the parent/custodian may sign for them in the space provided, alongside the name of each of the dependent children.  
17) Attached to this document is an ASSUMPTION OF RISK SIGNATURE FORM. That ASSUMPTION OF RISK SIGNATURE FORM must be signed by each Passenger. In the case of passengers being below the legal age the signature of a Parent or the Legal Guardian of the Child(ren)  is required.  

For RED CENTRE ADVENTURES:  Mike Hofmann  ______________________________   Date:____________ 


I HAVE READ AND UNDERSTAND THIS AGREEMENT 
Please fill in Name and date below and sign in space provided. 
For Groups and Families:  Name and Signature of every Group member. 
Parent or Guardian to fill in and sign for every child under the legal age. 
Name:  Date:  Signature: 
________________________ ______ ________________
________________________ ______ ________________
________________________ ______ ________________
________________________ ______ ________________
________________________ ______ ________________
________________________ ______ ________________
________________________ ______ ________________
________________________ ______ ________________
     
Parent or Guardian please fill in name(s) of child(ren) under the legal age and sign in the space provided. 
 Even if this form is not signed, by booking from these web pages the customer agrees to these terms and conditions.
Oct. 1997, Last revised ( minor corrections ), Dec. 1999
 General Conditions  Home Page