Mauao Adventures General Waiver

  1. DEFINITIONS
    • “MAL” – Mauao Adventures Limited T/A Mauao Adventures, its staff and activities.
    • “MAL Activity/ies” - all activities under the guidance of MAL.
    • “MAL staff” – leadership, employees, contractors and volunteers employed for service under Mauao Adventures Limited.
    • "Participant/s" - active participants of any MAL Activities.
  2. SCOPE

The Ts & Cs in this waiver pertains to all lessons, equipment hire and events under Mauao Adventures Limited.

  1. TERMS AND CONDITIONS (Ts & Cs)
    • WARNING - Participating in MAL Activities can be inherently dangerous. Serious accidents can occur which may result in being injured or even killed. Agreeing to the Ts & Cs of this waiver means one has read and understood this warning and accept the inherent risks in participating in MAL Activities.
    • PHYSICAL FITNESS - Any injury, disability, medical or health condition, and lack of competence that may increase the risk of harm whilst participating in any MAL Activity must be declared. Participant must be medically and physically fit and able to participate in the chosen MAL Activities, and immediately notify MAL of any changes in fitness and ability to participate.
    • INSTRUCTION - Participants must at all times comply with the instructions and safety guidelines of the MAL staff.
    • DRUGS AND ALCOHOL - Alcohol and drugs are NOT tolerated and the participant may be denied participation WITHOUT refund if drug or alcohol use is suspected.
    • PERSONAL ITEMS - MAL will not be responsible for loss or damage to personal items during MAL Activities. Items used, worn or left on site are at the owner's risk. If there is a need or want to use, wear or leave personal items, the MAL Staff will not be responsible for loss or damage. Items most commonly lost or damaged are eye glasses, jewellery and watches, mobile phones, removable teeth, clothing items.
    • MEDICAL TREATMENT - If required, the MAL staff will arrange medical or hospital treatment (including transportation). Participants must agree to such actions being taken by MAL staff and agree to meet all costs associated.
    • MINORS – Minors under 16 years of age must be signed in by a responsible adult who agrees that they and the minor are subject to all the Ts & Cs of this document. Minors aged 0-7 years of age must be actively accompanied by a responsible adult for the duration of the activity.
    • IDENTITY - Photographic and/or visual images taken by MAL Staff of participants may be used for identification and/or general promotion of MAL.
    • PRIVACY - Personal information provided by participants is necessary for the operation of MAL Activities. MAL acknowledge and agree that personal information will only be used for MAL objectives. Participants are able to access their own personal information upon request. If participants do not provide the information required, participants understand that they may not be permitted to participate in MAL Activities.
  2. RELEASE AND INDEMNITY

Participating in MAL Activities is entirely at the participant's risk who must agree to:

  • Release and forever discharge MAL from all liability and claims but for this release arising from or in connection with participation in the MAL Activities.
  • Indemnity and hold harmless MAL to the extent permitted by law in respect of any claims by any person including but not only another participant in the MAL Activities arising from participation in the MAL Activities.
  • In this clause 4, “claims” means and includes any action, suit, proceeding, claim demand, damage, penalty, cost or expense however arising (including negligence, trespass to the person or for breach of implied terms in The Fair Trading Act 1986).
  1. WAIVER

By signing the electronic Waiver Acknowledgement Form, you acknowledge that you have read, understood and agreed to the conditions of this waiver.