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ACTIVITIES AT LANARIUM RETREAT

ACTIVITIES AT LANARIUM RETREAT

1. Definitions
In these terms:
Activity/Activities means any activity you may participate in on the Property, including but not limited to interacting with animals, operation of the Yamaha buggy, fishing, swimming, bird watching, bushwalking or any associated activity; and Lanarium Retreat means PJ & SD Kennedy ABN 26 928 074 922, the owner of the Property and any employees, agents or contractors of either PJ & SD Kennedy and/or the owner of the Property.

2. Release and Indemnity
In consideration of Lanarium Retreat allowing you to stay on the Property and participate in the Activities, you agree to:
(a) unconditionally and absolutely release and forever discharge Lanarium Retreat from all Claims you might otherwise have against Lanarium Retreat in respect of any injury, death, loss or damage you suffer as a result of or relating to your participation in any Activity on the Property or while using the accommodation on the Property, howsoever arising, including as a result of any breach of contract and/or negligence by Lanarium Retreat; and
(b) indemnify and hold harmless Lanarium Retreat, its employees, agents and the owner of the Property, to the maximum extent permitted by law in respect of any Claims by any person howsoever arising, including as a result of any act, neglect or default cause or contributed to by you during or in connection with your stay on the Property and/or participation in any Activity.
In these terms, “Claims” means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense howsoever arising, whether arising in negligence, breach of statute, at common law, in equity or in any other manner whatsoever, for any death, personal injury, mental harm, property loss, property damage, consumer rights, or liability to any other third party for such relief, for or in respect of my staying on the Property and/or my participation in any of the Activities.

3. Acknowledgements and declarations
You acknowledge and agree that:
(a) these terms are reasonable for Lanarium Retreat to operate and promote the farm stay on the Property;
(b) Lanarium Retreat may place any such restrictions on the conduct of Activities on the Property, including postponing and cancelling any particular activity, if Lanarium Retreat considers this necessary for your safety or the safety of others;
(c) staying on an outback station and participating in the Activities can be dangerous. Risks include, but are not limited to personal injury or property damage and possible liability to others for harm, loss or damage caused by your acts or omissions. Serious injury or death may be related to pre-existing disabilities or medical conditions. Your participation in the Activities is voluntary and you accept all risks of injury, loss, damage or liability arising out of or in any way connected to your participation in the Activities, including but not limited to risks associated with the effects of weather and contact with any animals on the Property;
(d) you declare that you are medically, physically and mentally fit and able to participate in any Activity you elect to participate in whilst on the Property. You are not and must not be a danger to yourself or to the health or safety of others.
(e) you will pay any costs or fees of any ambulance, medical treatment or attendance of any doctor or health care professional which or who provides assistance or attention to you during your stay at the Property or in the course of your participation in any Activity on the Property;
(f) you declare that you are and will remain solely responsible for any minor in your care who may accompany you during your stay on the Property;
(g) you understand that any insurance cover affected for persons staying on the Property may not cover you for all injury, loss or damage sustained by you;
(h) the safety precautions undertaken by Lanarium Retreat are a service to you and other persons staying on the Property but are not a guarantee of safety;
(i) if you damage any Lanarium Retreat equipment in the course of any Activity, you will pay for replacement or repair to equipment damaged by you;
(j) the safekeeping of your property during your stay on the Property or your participation in any Activity is your sole and absolute responsibility and Lanarium Retreat has no liability for or responsibility to you for the loss of such property;
(k) you agree to wear a helmet, seatbelt and any other protective gear while operating the buggy on the Property; You agree to operate the buggy as per the manufacturer and industry rules and regulations
(l) under the Civil Liability Act 2003 (Qld), Lanarium Retreat will not be liable for any harm suffered by you due to the materialisation of an obvious risk to your participation in a dangerous recreational activity.