ECP General Waiver
This waiver pertains to all activities under the guidance of East Coast Paddler, including lessons, events, board and equipment hire. By signing the Waiver Acknowledgement Form, you acknowledge that you have read, understood and agreed to the conditions of this waiver.
- Definition of terms and conditions of the ECP Waiver:
- “ECP” - the Mt Rox Limited T/A East Coast Paddler company, its staff and activities.
- “ECP Activities” - all activities under the guidance ECP.
- “ECP staff” - instructors, assistants and management employed by Mt Rox Limited.
- "Participant/s" - members of the public actively participating in any ECP Activity in exchange for a monetary value.
- WARNING - Participating in ECP Activities can be inherently dangerous. Due to the nature of ECP Activities, serious accidents can happen which may result in being seriously injured or even killed. Agreeing to the terms and conditions of the ECP Waiver means one has read and understood this warning and accept the inherent risks in participating in any ECP Activities.
- PHYSICAL FITNESS - Any injury, disability, medical or health condition that may increase the risk of harm whilst participating in any ECP Activity must be declared. Participant must be medically and physically fit and able to participate in the ECP Activities, and immediately notify ECP of any changes in fitness and ability to participate.
- INSTRUCTION - Participants must at all times comply with the instructions and safety guidelines of the ECP 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 BELONGINGS - ECP will not be responsible for any loss or damage to any personal belonging left at our facility. All items will be left at the owner's own risk.
- MEDICAL TREATMENT - If required, the ECP staff will arrange medical or hospital treatment (including transportation). Participants must agree to such actions being taken by ECP staff and agree to meet all costs associated.
- RELEASE AND INDEMNITY - Participation in the ECP Activities is entirely at the participant's risk who must agree to:
- Release and forever discharge ECP from all liability and claims but for this release arising from or in connection with participation in the ECP Activities.
- Indemnity and hold harmless ECP to the extent permitted by law in respect of any claims by any person including but not only another participant in the ECP Activities arising from participation in the ECP Activities.
- In this clause 6 “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).
- MINORS - A responsible adult must sign for any participating minor (those under 16 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above. Minors aged 0-7 years of age must be accompanied by a responsible adult at all times, and remain in the responsibility of that adult for the duration of the activity.. Adult responsibility is dependent on the session type for minors aged 8-15 years. Ensure you have read the terms and conditions for the activity the minor is participating in.
- IDENTITY - Photographic and/or visual images taken by ECP Staff of participation in the ECP Activities may be used for identification and/or general purpose promotion of ECP.
- PRIVACY - The personal information provided by participants is necessary for the operation of the ECP Activities. Participants acknowledge and agree that the information will only be used for the objectives of ECP and to provide participants with relevant information pertaining to the ECP Activities. Participants understand that they will be able to access personal information through ECP upon request. If participants do not provide the information required by ECP, participants understand that they may not be permitted to participate in the ECP Activities.