Exclusion of Liability G.L.B.S “MV Elsewhere”
Cruising on board “MV Elsewhere” and Gippsland Lakes Barge Services P/L (GLBS) is a great way to see the Gippsland lakes. We put a lot of thought and effort into making your boating experience with us is a memorable one.
While boating is a perfect recreational activity for your leisure or enjoyment, boating can be dangerous to you and others with you. The Participants acknowledge and accepts that the activity they are participating in includes activities which, by their nature, are inherently risky and they may suffer injury, death, loss or damage. The participant voluntarily assumes all such risks involved with this activity.
- The participant acknowledges that they have been warned of the risk of injury, death, loss or damage and particular the risks to their person, property as a result of participating in the boating activity.
- Any warranty implied by law into this arrangement is expressly excluded to the extent permitted by law, including but not limited to any warranty that the services are provided with due care and skill which would otherwise be implied by virtue of section 74 of the Trade Practices Act 1974 (and any similar statutory warranties).
- The Participant acknowledges that GLBS and its related companies shall not be liable for any direct or indirect loss or damage howsoever caused, including loss or damage caused as a result of the negligence of GLBS and/or its servants or agents. This exclusion of liability extends to (but is not limited to) any loss or damage in respect of or arising from death or personal injury. In consideration of GLBS accepting your participation, in the boating event, the participant hereby indemnifies GLBS against all loss or damages howsoever arising, directly or indirectly, including all loss or damage arising from death or personal injury.
- To the extent permitted by law, the participant hereby expressly waives all its rights to sue GLBS and/or its servants or agents in respect of death or personal injury arising as a result of participation or involvement in any activities provided by GLBS, including without limitation rights to sue GLBS or to recover damages, losses or expenses from GLBS arising by virtue of section 74 of the Trade Practices Act.
The Charterer acknowledges children under the age of 12 yr must wear a PFD at all times whilst on the vessel. And that all charterers understand the safety briefing and location of floatation and safety devices on the vessel, and take all responsibility for their and their children’s conduct whilst on board.
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