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The Following terms and Conditions apply to Kayak Hire at Jamieson Caravan Park. Customers are also required to sign the below waver on the day of hire.

* Full payment is due at the time of booking.
* Minimum 8 years of age to kayak down the rivers, no age limit to paddle around on the river in front of the park.
* Under 18 years old must be accompanied and supervised by a parent or guardian at all times.
* Weight restriction of 110Kg. the kayaks sit too low in the water and are unstable if carrying more weight.
 * All kayakers must wear the provided PFD (personal floataion device). All participants must be able to swim and of good health.
 * All kayakers will be asked to read and sign a waiver form on arrival, to be signed by parents/ guardians for under 18 year olds.
 * Ambulance and Health Insurance is strongly recommended, although we do our upmost to ensure your safety, cover is suggested.
 * The Customer understands and acknowledges that kayaking is inherently a dangerous activity and accepts that there are risks associated with kayaking including the possibility of injury, death, loss or damage.
 * Kayakers understand that in the case where severe weather conditions or fire danger is issued, Jamieson Caravan park has the right to change or cancel a kayaking trip. Full payment will be transferred to alternate dates/ refunded.

Cancellations
We understand circumstances can change unavoidably therefore  payments will be transferred to alternate trip dates with no penalty if formal cancellation is made 2 weeks prior to rental date.

Cancellations made between 2 weeks and 48hours prior to rental will only receive 50% of the booking fee refunded.
100% of payment will be retained and not transferred to alternate dates if cancellation is made 48hrs out from kayak rental date.
In the case where a customer does not arrive for kayak rental and has made no attempt to cancel their rental full payment will be retained.

 

 

Jamieson Caravan Park Kayaking Waver Form

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012

Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you-

  • are rendered with due care and skill; and
  • are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
  • might reasonably be expected to achieve any result you have made known to the supplier.

Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.

NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.

 

I.........................................................................of.....................................................................................

......................................................................................................................postcode.............................

e-mail............................................................................................................Phone..................................

 

Confirm that:

I have contracted and arranged for Jamieson Caravan Park (Release) to provide me with the use of a kayak(s) for the purpose of self-guided expedition on the Jamieson River, Goulburn Rivers, Lake Eildon and other. 

I am familiar with the use of the equipment and I am competent to undertake this expedition without supervision.

  1. I am in good medical and physical condition and not under the influence of drugs, medication or alcohol.
  2. I am aware of the risks associated with canoeing and the conditions have been explained to me.
  3. I unconditionally accept the risk of: sustaining personal injury (including any form of mental trauma) and/or death arising out of the use of the canoeing and camping equipment; and suffering loss as a result of property damage arising out of the use of the  canoeing & camping equipment. And hereby unconditionally release, discharge and forever hold harmless the Release for any losses or damages sustained by me or any of my dependants or representatives as a result of my operation of the said activities regardless of how the same was caused and regardless of any negligence or breach of contract   or other wrong doing by the Release to the extent permitted by law.
  4. I also unconditionally agree to indemnify the Release against any liability, which may attach to it as a direct or indirect result of my use of the canoeing and camping equipment.
  5. This Assumption of Risk and Release may be relied upon by the Release or any party on its behalf as a bar to any claim proceeding brought by me against it as a direct or indirect result of my use of the said canoeing and camping equipment.
  6. I also agree to reimburse the Release for any damage or loss of equipment that I have been provided with by the Release. The amount being equal to the purchase value.

I have read this entire Assumption of Risk and Release and I have understood it in full. I have also had the general nature of the Assumption of Risk and Release explained to me. I confirm that I am of sound mind and understanding and that I fully understand the effect of this document.

Date ..........................................................................................................(Signature) In the Presence of:

......................................................................................................(Signature) for Jamieson Caravan Park

 

Signature of guardian if under aged:……………………………………………………………………………………………………