PARTICIPANT DOCUMENT

Participant Safety Information

Risk acknowledgement and waiver - guided land-based fishing tours

BEFORE YOU SIGN

This document affects your legal rights. Your understanding and agreement is required before the Operator can accept a booking. Each adult participating in the booking must complete this document. A person making a group booking cannot sign for another adult. A parent or legal guardian may sign for participants under 18 years.

Part A - Essential safety information

Read this information before completing Part B. The guide will give an additional safety briefing before departure and may give further instructions as conditions change. Any further briefing will assume you have read and understood this document. 

Definitions

Activities means all activities supplied, arranged or incidental to the guided fishing tour, including travel to and from fishing locations, vessel boarding and disembarking, boating, fishing, casting, handling fish, use of hooks, knives, bait, tackle and other equipment, walking among mangroves or on banks, beaches, rocks, pontoons, jetties or vessels, shore-based activities, swimming or entering water if permitted, and any related outdoor, remote-area or recreational activity.

Operator means ROBAL & CO PTY LTD (ABN 70 659 192 757) and includes its directors, officers, employees, guides, contractors, agents, volunteers, vessel operators and related entities.

Non-negotiable safety rules

1. Never wade or enter the water to cast, retrieve fish, free snagged gear, collect water or for any other reason.

2. Never approach, feed or otherwise interfere with saltwater crocodiles.

3. Follow reasonable safety directions promptly. Stop an activity immediately when told to do so.

4. Carry drinking water and drink regularly, even if you do not feel thirsty. Take shade and rest breaks when directed. 

5. Wear enclosed, secure footwear and clothing suitable for sun, heat, insects and rough terrain.

6. Use supplied equipment only as instructed. 

7. The Operator may refuse, modify, suspend or end participation where reasonably necessary for safety, including because of unsafe conduct, impairment, non-disclosure or failure to follow directions. Any refund is governed by the booking terms and applicable law.

Main risks and possible consequences

The Activities involve obvious, inherent and significant risks which may arise even if the Operator and participant take reasonable care. Risks include those arising from: 

1. crocodiles and other dangerous, venomous or unpredictable wildlife;

2. rapid changes to water levels, tides, currents, submerged objects, slippery or algae covered surfaces, unstable banks, mangrove roots and pneumatophores, deep or soft mud, bogging or entrapment, rocks, sharp shells, oyster covered surfaces, restricted visibility, difficult access and uneven ground in or near mangroves, billabongs, creeks, rivers, estuaries, lagoons, wetlands, dams, waterholes and other water sources;

3. boating, vessel movement, capsize, collision, grounding, boarding and disembarking;

4. fishing equipment, including hooks, lures, lines, knives, bait, gaffs, nets, rods and other supplied or personal equipment;

5. fish, marine animals, insects, snakes and other fauna;

6. heat, dehydration, sun exposure, storms, lightning, sudden weather changes and extreme humidity;

7. drowning, near drowning, falls, cuts, puncture wounds, infection, allergic reaction and illness;

8. remoteness, communication limitations, delayed rescue, delayed medical treatment and limited access to medical facilities or transport;

9. participants' own conduct, fitness, experience, medical condition, fatigue, panic or failure to follow instructions; and

10. other foreseeable and unforeseeable risks associated with fishing, boating, camping, outdoor recreation and remote travel in the Northern Territory.

Possible consequences. These risks may result in serious harm, including death, permanent disability, physical injury, psychological injury, illness, disease, aggravation of an existing condition, loss of enjoyment, pain and suffering, or financial loss arising from injury.

Part B - Risk acknowledgement and waiver

Fitness, disclosure and safety directions

I warrant that I am physically and medically capable of participating in the Activities. I must notify the Operator before the tour, and immediately during the tour, of any medical condition, medication, allergy, injury, disability, pregnancy, illness, fear, fatigue or concern that may affect my safe participation or require assistance.

Emergency assistance and costs

If I cannot give consent at the time, I authorise the Operator to provide or arrange first aid, emergency communication, evacuation, ambulance, medical treatment or hospital care that it reasonably considers necessary. I understand the Operator does not promise that assistance will be available within a particular time. I am responsible for my personal ambulance, evacuation, medical and related costs to the extent those costs are not payable by another person, insurer or scheme.

Exclusion, release and waiver

To the maximum extent permitted by law, including under section 139A of the Competition and Consumer Act 2010 (Cth), the Australian Consumer Law, and section 48 of the Consumer Affairs and Fair Trading Act 1990 (NT), I agree that the Operator’s liability for death or personal injury arising from the supply of recreational services or my participation in the Activities is excluded, restricted or modified. 

This exclusion applies to liability arising from a failure to comply with any consumer guarantee that may otherwise apply to the supply of the recreational services, including guarantees that services will be rendered with due care and skill or will be reasonably fit for purpose, but only to the extent permitted by law. Nothing in this document excludes, restricts or modifies any right, remedy, guarantee or liability that cannot lawfully be excluded, restricted or modified.

Indemnity

I indemnify the Operator against any loss, liability, claim, cost or expense suffered or incurred by the Operator to the extent caused or contributed to by:

1. my breach of this document;

2. my failure to follow safety directions;

3. my failure to disclose relevant medical or safety information;

4. my reckless, wilful or unlawful conduct; or

5. damage or injury caused by my misuse of equipment or interference with wildlife, vessels, vehicles or property. 

This indemnity does not apply to the extent the loss, liability, claim, cost or expense is caused by the Operator’s conduct where liability cannot lawfully be excluded.

Additional terms for a participant under 18

If the participant is under 18, I sign as their parent or legal guardian. I warrant that I have authority to consent to their participation, have disclosed information relevant to their safety and will ensure that they comply with all rules and remain under direct adult supervision. I give the emergency authority in clause 4 for the child and accept the obligations in this agreement personally. The exclusions and waivers apply to me and apply to the child only to the extent permitted by law. Nothing in this agreement purports to exclude a right of the child that cannot lawfully be excluded by a parent or guardian.

Risk warning acknowledgement

1. I understand the nature and general effect of the liability exclusion, restriction and modification in this agreement and that it may prevent or limit a claim for death or personal injury.

2. I understand the Activities are recreational services involving a significant degree of physical risk and may take place in remote areas where rescue and treatment are delayed.

3. I understand the risks in Part A may occur despite reasonable precautions, may be increased by changing conditions and may result in the serious consequences described in Part A.

4. My participation is voluntary. I may decide not to book or may decline an optional activity, subject to the booking terms.

5. My assumption of risk in the Activities is voluntary, including the risks identified in this document.

Part C - Participant details and electronic acceptance

Complete one form for each participant. Each adult must sign their own form. A parent or legal guardian must sign for each participant under 18.