True Blue Fishing Charters Terms and Conditions

TRUE BLUE FISHING CHARTERS PTY LTD (CAN 642 002 293) TRADING AS TRUE BLUE FISHING CHARTERS

TERMS AND CONDITIONS

• Definitions

In these Terms and Conditions the following definitions apply:

‘Agreement’ means these Terms and Conditions.

‘Booking’ means the booking made by the Customer, for the Charter or the booking to which the Customer belongs, for True Blue Fishing to take them on a fishing charter at a specific date and time.

‘Charter’ means the charter of the vessel the subject of the Booking.

‘Customer’ means any person part of the Booking by the Customer.

‘Deposit’ means 50% of the cost of the Booking to be paid at the time of booking, unless otherwise agreed between True Blue Fishing and the Customer in writing.

‘Disclaimer’ means the document titled “Disclaimer and Waiver of Liability” of True Blue Fishing Charters.

‘Fee’ means the total amount payable by the Customer to True Blue Fishing for the Booking and provision of the Services.

“Manifest’ means the book on the Charter on which the Customer must list their name and any medical conditions upon boarding.

‘Parties’ means True Blue Fishing and the Customer.

‘Private Charters’ means Bookings in which only the Customer and others part of their Booking are present.

‘Services’ means the services provided by True Blue Fishing to the customer throughout the course of the Booking, including but not limited to chartering a vessel for deep-sea fishing activities, supplying equipment for deep-sea fishing activities, and gutting and cleaning fish caught by the Customer.

‘Shared Charters’ means Bookings in which other customers not part of the Customer’s Booking are present.

‘True Blue Fishing’ means True Blue Fishing Charters Pty Ltd (ACN 642 002 293) trading as True Blue Fishing Charters.

1        Deposit

1.1     The Customer must pay to True Blue Fishing the Deposit in full to secure the Booking of the Charter.

1.2     The Customer acknowledges and agrees that they may lose the Booking in the event the Deposit is not paid in full at the time of making the Booking.

1.3     Unless otherwise required by law, otherwise provided in this Agreement, or agreed in writing by the Parties, the Deposit is not refundable.

• Fees

2.1     The Customer agrees to pay to True Blue Fishing the Fees (including any Deposit) plus GST as quoted for the Booking.

2.2     The Customer agrees that full payment of any outstanding Fees must be made prior to the departure time of the Booking. This includes the Fees for any other customer in the Booking that does not attend for any reason.

2.3     In the event the Fees for the Booking are not paid in full prior to the departure time of the Booking, the Customer and other Customers in the same Booking shall not be permitted to board the vessel allocated for the Booking, and the Deposit for the Booking is forfeited.

2.5     In the event that the Customer requests additional Services to be provided by True Blue Fishing, the Customer agrees that those additional Services may incur additional fees and charges, in addition to those originally set out for the Booking, as agreed in writing by the Customer and True Blue Fishing.

2.6     In the event that:

(a) the Customer’s card used for the Booking is cancelled or has insufficient funds to process the Booking fee; and/or

(b) any card used to make the Booking and/or pay the Fee is charged back by the bank issuing the card for any reason;

the Customer and/or accompanying customers in the Booking are still liable to pay all Fees due and owing pursuant to this Agreement, and any unpaid Fees shall be treated as a debt owed to True Blue Fishing.

2.7     Should it become necessary for True Blue Fishing to enforce any term of this Agreement either through legal representation, collection agency, or directly through a small claims Court, then the Customer agrees that it shall pay all reasonable legal fees, agency fees, court costs, and other reasonable collection costs.

3        Conditions of entry to vessel for Booking

The Customer acknowledges and agrees:

• It is a condition of entry that the Customer complete the required information in the Manifest upon boarding the Charter;
• By boarding the Charter and/or signing the Manifest the Customer agrees to be bound by this Agreement and the terms of the Disclaimer;
• True Blue Fishing cannot guarantee that the Customer will catch any fish during the Booking;
• The Customer is only entitled to a refund pursuant to clause 6.1, and for no other reason other than as required by law;
• all charters are subject to minimum and maximum passenger numbers;
• the Customer may be denied access to the vessel for the Booking where they are:
• not wearing enclosed shoes;
• intoxicated; and/or
• acting in a manner contrary to clause 4.4;
• the Customer may bring their own alcohol and food onto the Charter, however:
• only persons over the age of eighteen (18) years will be permitted to drink alcohol on the Charter, however the Customer agrees that True Blue Fishing shall not be required to monitor nor be liable for any consumption of alcohol by any minor Customer;
• while alcohol such as beer, wine, cider, and mixers are permitted on board (in cans or plastic only, no glass), spirits or liqueurs of any kind are not permitted;
• no glass of any kind is permitted on the vessel (whether containing drinks or food) as this poses a safety risk to the Customer and others; and
• the Customer must drink in moderation and not to the point of intoxication, True Blue Fishing cannot be held liable for any excessive consumption of alcohol;
• the Customer must arrive no later than twenty (20) minutes prior to the departure of the Booking, failing which:
• the chartered vessel for the Booking will depart without the Customer; and
• clauses 5.6 and 5.7 will apply to the Customer’s Booking;
• by boarding the vessel chartered for the Booking, the Customer agrees to be bound by all terms of the Disclaimer and this Agreement;
• charters are not recommended for children under the age of seven (7) years due to safety risks associated with deep-sea fishing, and True Blue Fishing reserves the right to refuse entry to any Customer under the age of seven (7) years at its absolute and sole discretion;
• children accompanying the Customer under the age of fourteen (14) years must be supervised by that Customer at all times, and on the basis outlined in the Disclaimer;
• Bookings with unaccompanied minors over the age of fourteen (14) but under the age of eighteen (18) may be accepted at True Blue Fishing’s sole and absolute discretion, and in those circumstances those unaccompanied minors assume full responsibility for their actions, inactions, or breaches of this Agreement. Any unaccompanied minor over the age of fourteen (14) years shall ensure that their parent or legal guardian have consented to the terms of this Agreement and the Disclaimer;
• the Customer assumes all liability and responsibility for any and all actions and inactions of, or loss and damage caused by, for Customers under the age of eighteen (18) under their supervisions, and on the basis outlined in the Disclaimer.

4        Obligations of the Customer

General obligations

• The Customer agrees that by making and proceeding with the Booking, they have read and agree to by bound by the terms of this Agreement and Disclaimer.

Alcohol, Drugs, Smoking and Behaviour

• The Customer acknowledges and agrees that they must:

• drink any alcohol on board in moderation, and that True Blue Fishing has the right to restrict or stop alcohol consumption during the Booking at its sole and absolute discretion; and
• not smoke cigarettes or e-cigarettes, vape, and or use narcotics and/or illicit drugs of any kind (including but not limited to medicinal marijuana) during the Booking.
  • Smoking cigarettes, e-cigarettes, and vaping, may be permitted on Private Charters provided no other customer in the Booking objects and at True Blue Fishing’s absolute and sole discretion.
  • The Customer must not behave in an unruly, rude, obnoxious, violent, or unsafe manner throughout the course of the Booking.
  • True Blue Fishing may, at its sole and absolute discretion, refuse entry to the vessel to the Customer in the event they are in breach of clauses 4.2 and 4.4 of this Agreement.
  • A determination by True Blue Fishing (including but not limited to its staff, agents, contractors, and representatives) that a Customer is intoxicated, affected by narcotics or illicit drugs, or behaving in a manner contrary to clause 4.4, before, during, or after the Booking, is a final determination not capable of review or challenge by the Customer.
  • Nothing in clause 4.2 imposes a positive obligation or duty of care to the Customer on True Blue Fishing to prevent the Customer from getting intoxicated, consuming narcotics or illicit substances, or imparts any liability on True Blue Fishing for any loss or damage suffered by the Customer or others due to the Customer’s intoxicated state before, during, or after the Booking.
  • If the Customer during the Booking:
• breaches clause 4.2 by becoming intoxicated, smoking, or consuming narcotics or illicit drugs; and/or
• breaches clause 4.4 and conducts themselves in an unruly, rude, obnoxious, violent and/or unsafe matter;

and as a result of the Customer’s conduct True Blue Fishing is obliged to return to shore to remove the Customer from the Charter, the Customer:

• forfeits the entire fee for their Booking;
• is liable to pay to the Company the full cost of all other customer’s Bookings which are terminated early due to the Customer’s conduct and any other loss and damages incurred by True Blue Fishing as a consequence of that behaviour; and
• is not entitled to a refund unless a circumstance contemplated by clause 6.1(a), (c) or (d) also applies.

4.9     The Customer will be liable for True Blue Fishing’s reasonable legal costs of enforcing clause 4.8(d).

5        Cancellations, non-attendance, and rescheduling

Rescheduling by Customer

• If a request is made in compliance with the minimum notice period outlined in clause 5.4, True Blue Fishing will take all reasonable steps to arrange a suitable re-booking date with the Customer, accounting for True Blue Fishing’s charter, staff availability, and operational requirements.
• If a request to reschedule the Booking is made by the Customer within the minimum notice periods outlined in clause 5.4, acceptance of that request is at True Blue Fishing’s sole and absolute discretion.
• The Customer must reschedule the Booking within two (2) years of the original booking. If the Booking is not rescheduled within that time, the Customer forfeits all rights to reschedule the Booking ad any fees already paid for the original Booking.
• The Customer must provide the following days’ notice if they wish for the Booking to be rescheduled:

• minimum seven (7) days’ notice of the Booking date for Shared Charters; and
• minimum fourteen (14) days’ notice of the Booking date for Private Charters.

Cancellation by Customer

• To the extent permitted by law:

• a request by the Customer to cancel the Booking is to be determined by True Blue Fishing at its sole and absolute discretion;
• in the event the Customer attempts to cancel the Booking but that request is not accepted by True Blue Fishing or required by law, the Customer authorises our client to charge the Customer’s card used to make the Booking, any Gift Card used, the full Fee at True Blue Fishing’s sole and absolute discretion.

Non-attendance by Customer

• In the event the Customer does not attend the Booking:

• the Booking is considered forfeited by the Customer; and
• any outstanding Fee for the Booking remains due and payable.
  • In the event of non-attendance by the Customer to the Booking, the Customer authorises True Blue Fishing to:
• charge any outstanding Fee for the Booking to the card used for the Deposit; and/or
• charge any outstanding Fee for the Booking to the Gift Card used, or intended to be used, for the Booking.

Cancellation and rescheduling of Booking by True Blue Fishing

• True Blue Fishing may cancel the Booking at its sole discretion for:

• inclement weather pursuant to clause 7 of this Agreement;
• for Shared Charters, insufficient numbers of other customers booked for the same charter as the Customer’s Booking; and
• any other unforeseen circumstances.
  • In the event True Blue Fishing cancels the Booking pursuant to clause 5.8, True Blue Fishing will take all reasonable steps to reschedule a suitable re-booking date with the Customer, accounting for True Blue Fishing’s charter, staff availability, and operational requirements.

6        Refunds

6.1     To the extent permissible by law, True Blue Fishing will not refund, exchange, or redeem for cash any Fee or Deposit made to it for the Booking, unless:

• agreed by True Blue Fishing in writing;
• an event contemplated by clause 4.8 occurs, and the event was not caused or contributed to by the Customer;
• the Booking is cancelled pursuant to clause 7 of this Agreement due to inclement weather;
• the Booking is cancelled pursuant to clause 5.8 of this Agreement.
  • Clause 6.1 applies to all Bookings, including but not limited to any Booking paid for via Gift Card or arranged through a third party agent.
  • For the avoidance of doubt, refunds will not be given because the Customer suffers from seasickness during the Booking.
  • Where the Customer made the Booking directly with True Blue Fishing, the Customer must contact True Blue Fishing to request and arrange any refund within two (2) years of the Booking.
  • Where the Customer made the Booking through a third party, the Customer must contact that third party to request and arrange any refund.
• Inclement weather
  • True Blue Fishing may cancel any Booking at its sole and absolute discretion if it is of the opinion that proceeding with the Booking would be unsafe due to inclement weather (including but not limited to strong winds, large swells, or other unsafe conditions).
  • In the event True Blue Fishing cancels the Booking due to inclement weather, True Blue Fishing will take all reasonable steps to arrange a suitable re-booking date with the Customer, accounting for True Blue Fishing’s charter, staff availability, and operation requirements.
  • In the event that the Booking has commenced but True Blue Fishing ends a Booking early due to inclement weather, True Blue Fishing may, at its sole discretion, provide a partial refund on a pro rata basis based on the amount of time left for the Booking.
• Gift Cards
  • Gift Cards purchased from True Blue Fishing are valid for three (3) years from the date of issue, upon which it shall expire and not be usable (“Expiration Date”). The Expiration Date cannot be extended.
  • Gift Cards intended to be used for a Booking must be used at the time of making the Booking. Gift Cards cannot be used to pay any fees owed under the Booking at any other time.
  • Gift Cards and non-refundable and cannot be exchanged for cash, unless otherwise required by law.
  • Lost or stolen Gift Cards must be reported to True Blue Fishing.
  • The use of a Gift Card is subject to this Agreement, and any terms and conditions listed on the Gift Card. True Blue Fishing reserves its rights to amend this Agreement and the terms and conditions on the Gift Card without notice to the Customer.
  • If any terms and conditions on the Gift Card conflict with this Agreement, the terms and conditions on the Gift Card shall prevail.
  • Where a Booking booked with a Gift Card is cancelled or rescheduled pursuant to clauses 5.8 or 7 of this Agreement, the Gift Card will remain valid for rescheduling only within two (2) years of the cancelled or rescheduled Booking.
• Warranties
  • To the extent permissible by law, True Blue Fishing makes no representations, whether express or implied, as the merchantability, condition, durability or fitness for purpose for which the Services are used.
  • To the extent that any warranty is made, the sole and exclusive remedy for breach of any warranty is that True Blue Fishing refund the cost of the Booking.
  • The warranties contained herein shall not be read or applied so as to purport to exclude, restrict or modify the application in respect to the supply of goods or services pursuant to these Terms of Trade of any or all of the provisions of the Competition and Consumer Act 2010 (Cth) (“CCA”) or any other statute of any state or territory of Australia which by law cannot be excluded or modified.
• Limitation of Liability
  • Except as provided for in this Agreement, True Blue Fishing makes no representation of any kind, express or implied with respect to the delivery of the Services.
  • True Blue Fishing’s liability is limited pursuant to the admissions, acceptances, and content, set out in the Disclaimer.
  • True Blue Fishing shall not be held liable for:
    • any loss or damage to persons, personal property, or of a financial nature, caused due to the actions or inactions of the Customer, customers under the age of eighteen (18) under their supervision, or another customer of the Booking;
    • any other thing mentioned in this Agreement and the Disclaimer as not being the liability of True Blue Fishing, or as being the sole liability of the Customer; and
    • any loss or damage incurred through services provided by third-parties on the Charter, including but not limited to any catering services provided.
  • The Customer agrees to indemnify, defend and hold harmless True Blue Fishing, its related entities, shareholders, agents, affiliates, employees, directors and officers, from any and all liability, claim, loss damage, demand or expense (including reasonable legal costs) asserted by any third party due to, arising from, or in connection with any breach by either party of the terms of this Agreement and the Disclaimer. This includes, without limitation, any representation or warranty contained herein, any fraudulent conduct committed or negligence by either party, all liabilities related to the Services, any investigation or government claim, and/or any intellectual property claims associated with any and all copy and images supplied by either Party and its associated use thereof.
  • To the extent permitted by law, no action arising under or relating to this Agreement, regardless of its form, may be brought by either Party more than twelve (12) months after the cause of action has accrued and in any event, no later than twelve (12) months after the provision of Services, except for an action for non-payment brought by True Blue Fishing, to which the relevant statutory limitation of Queensland period applies.
  • To the maximum extent permitted by law, True Blue Fishing and its representatives expressly exclude liability for any damage and/or delay in the performance of any obligation of True Blue Fishing under this Agreement where such damage or delay is caused by circumstances beyond the reasonable control of True Blue Fishing, including but not limited to acts of god. The Customer acknowledges and agrees that True Blue Fishing holds the benefit of this clause 10.6 for itself and as agent and trustee for and on behalf of its representatives.
  • If Australian Consumer Law or any other legislation implies a condition or warranty into this Agreement in respect of the Services supplied, and True Blue Fishing’ liability for breach of that condition or warranty may not be excluded but may be limited, True Blue Fishing’ liability for such breach is limited to True Blue Fishing providing a refund to the Customer.

• Force majeure
  • A Force Majeure event shall be those acts, omissions, or circumstances and shall include but not be limited to acts of God, war, rain, hail, wind, fire, explosion, civil disobedience, pandemic or epidemic, legislation not in force at the date of these Terms and Conditions, or labour disputes.
  • Neither True Blue Fishing nor the Customer will breach these Terms and Conditions, and each party will not be liable to the other party for delay or failure to perform any obligation under these Terms and Conditions, due to any Force Majeure event.
  • True Blue Fishing shall not be liable for any indirect or consequential losses or expenses suffered by the Customer, including any liability of the Customer to any other party or for any loss, or damage suffered by the Customer as a result of any delays caused by such Force Majeure events.
• This Agreement
  • This Agreement applies to a Customer’s Booking irrespective of whether the Booking was made directly with True Blue Fishing or through a third party.
  • This Agreement shall be subject to the laws of the Queensland, and the Parties irrevocably submit to the non-exclusive jurisdiction of the Courts of Queensland.
  • Any provision of, or the application of any provision of, this Agreement which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.
  • Any provision of, or the application of any provision of, this Agreement which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.
  • If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in this Agreement.
  • The failure of either party at any time to require performance by the other party of any provision of this Agreement does not affect the party’s right to require the performance at any time.
  • The waiver by either party of a breach of any provision must not be held to be a waiver of any succeeding breach of the provision or a waiver of the provision itself.
  • This Agreement supersedes all previous agreements, arrangements, understandings, representations or any other communication in respect of the subject matter of this Agreement and embodies the entire agreement between the Parties.

11.9   In this Agreement, headings are for convenience only and do not affect the interpretation of this Agreement and, unless the context otherwise requires:

(a)     words importing the singular include the plural and vice versa;

(b)     words with a capital letter where defined in this Agreement have that meaning;

(c)     words importing a gender include any gender;

(d)     other parts of speech and grammatical forms of a word or phrase defined in this Agreement have a corresponding meaning;

(e)     an expression importing a natural person includes any company, partnership, joint venture, association, corporation or other body corporate and vice versa;

(f)     a reference to anything (including, but not limited to, any right) includes a part of that thing;

(g)     a reference to a party in a document includes that party’s successors and permitted assigns;

(h)     a reference to a statute, regulation, proclamation, ordinance or by-law includes all statutes, regulations, proclamations, ordinances or by-laws varying, consolidating or replacing it, and a reference to a statute includes all regulations, proclamations, ordinances and by-laws issued under that statute;

(i)      a reference to a document or agreement includes all amendments or supplements to, or replacements or novations of, that document or agreement.

DISCLAIMER AND WAIVER OF LIABILITY

For use of Services provided by True Blue Fishing Charters Pty Ltd (ACN  642 002 293) trading as True Blue Fishing Charters

IMPORTANT: PLEASE READ CAREFULLY BEFORE SIGNING

This Disclaimer and Waiver of Liability (“Disclaimer”) is a legally binding agreement between True Blue Fishing Charters Pty Ltd (ACN 642 002 293) trading as True Blue Fishing Charters (“the Company”) and the Customer (“the Customer”). By making a Booking with the Company and/or signing the Charter’s Manifest, the Customer acknowledges and accepts the terms of the Disclaimer outlined below.

BY PROCEEDING WITH THE BOOKING AND/OR SIGNING THE MANIFEST THE CUSTOMER ACKNOWLEDGES THAT THEY HAVE READ, UNDERSTOOD, AND AGREED TO THIS DISCLAIMER AND WAIVER OF LIABILITY

1. Acknowledgment of Risk

1.1     The Customer acknowledges that deep sea fishing involves inherent risks, including but not limited to:

• risk to persons (personal injury), including but not limited to possible injuries from equipment and/or marine life, or as otherwise described in this clause 1.1;
• risk to property, including but not limited to damage to personal items such as mobile phones or cameras from water, or loss;
• risks arising from being in the open ocean;
• risks associated with the Customer’s swimming skill level;
• sea sickness;
• potential illness arising from consuming any fish caught during a deep-sea fishing experience;
• falling overboard;
• rough sea conditions, including but not limited to waves crashing aboard the Charter;
• fainting, falling, tripping, and/or slipping;
• injuries from equipment, including but not limited to fishhooks;
• allergic reactions to sea life and/or insect stings or food products on the Charter;
• injuries from sea life, including but not limited to marlin or swordfish which have dangerous bills, or other fish which may have poisonous spikes;
• lightning and storms, which pose the risk of electrocution or electric shock;
• vessel breakdowns; and
• onboard fires.

1.2     Whilst the Company takes all reasonable precautions to minimise all potential risks, the Customer accepts that the above risks apply to all deep sea fishing activities. It is acknowledged that such risks may be exacerbated by the actions of the Customer, and/or the actions, omissions, or negligence of others partaking in deep sea fishing activities, and the Customer hereby accepts those risks.

• The Company also offers cleaning and gutting services of any fish permitted pursuant to the Fisheries Act 1994 (Qld), Fisheries Regulation 2008 (Qld), Fisheries Management Act 1991 (Cth), and any other applicable legislation. The Customer acknowledges and agrees that:

• The Company and its staff will take all reasonable and best endeavours to adequately ice, gut, and clean the fish, but does not remove any bones or scales from the fish; and
• The Company will not be liable for any loss, damage, or illness, caused by the consumption of any fish caught during the Charter, whether to the Customer, or any third party.
  • The Customer also understands and accepts that:
• The deep-sea fishing activities and vessel are overseen and operated by the Company’s trained and properly licenced staff and that the Company’s staff will use their best endeavours to ensure the safety of the Customer’s person and personal items; however
• The Customer will ultimately be liable for any action or inactions committed by them which cause personal injury to themselves or others, loss or damage to their personal items or personal items belonging to others, or damage to any property owned by the Company or supplied by the Company for the Customer’s use.

2. Consumer Guarantees and Limitations of Liability
   • Due to the nature of the deep-sea fishing and the size of vessels, it is not guaranteed that the vessel for the Charter will be able to accommodate all mobility aids. It is the Customer’s responsibility to confirm prior to Booking that they, and any customers accompanying the Booking, are able to access and board the Charter. True Blue Fishing may deny boarding to any Customer where it believes it would be a safety risk to the Customer and/or others at its sole and absolute discretion.
   • To the extent permitted by law the Company is not liable for any personal injury or loss or damage to personal property arising from the Customer’s:

• failure to comply with safety instructions or other reasonable directions of the Company’s staff;
• negligent or reckless actions or omissions;
• use of improper clothing while undertaking deep sea fishing activities (including but not limited to choosing to not wear sun protective clothing, non-slip footwear, or closed-toe footwear); and/or
• failure to seek medical care for any injury or concern arising during the Charter.

2.2     This limitation does not exclude or restrict:

• The Customer’s rights under the Australian Consumer Law or other applicable laws, including consumer guarantees.
• The Company’s liability for personal injury and/or loss or damage to personal property resulting from negligence on the part of the Company or its staff.

3. Customer Responsibilities

3.1     The Customer agrees to:

• Provide continuous adult supervision of all Customers under the age of eighteen (18) years that are party to the Customer’s Charter at all times;
• Comply with the safety guidelines and instructions provided by the Company;
• Use any deep-sea fishing equipment provided only in the way directed by the Company’s staff and as the equipment is intended to be used;
• Not act recklessly or negligently throughout the course of the Charter and when undertaking deep-sea fishing activities;
• Seek adequate medical attention for any personal injuries arising in the course of the Charter or when undertaking deep sea fishing activities within a reasonable time after the completion of the Charter;
• Ensure any Customer under their supervision that is under the age of eighteen (18) complies with the above obligations;
• Not act recklessly or negligently by way of their actions and/or inactions;
• Not damage the vessel or any part of the vessel; and
• Notify the Company’s staff of any incidents (whether to their or another’s person, or personal property) immediately.

3.2     The Company may accept Charters with unaccompanied minors over the age of fourteen (14) but under the age of eighteen (18) at its sole and absolute discretion. In such circumstances, those unaccompanied minors assume full responsibility for their actions, inactions, and breaches of the Disclaimer and Terms and Conditions. Any unaccompanied minor over the age of fourteen (14) years shall ensure that their parents or legal guardian have consented to the terms of this Agreement and the Disclaimer.

3.3     The Customer acknowledges that:

• The Customer agrees that the Company may take photographs and videos of the Customer during the Charter and use those photographs and videos for advertising purposes;
• Whilst the Company will endeavour to provide basic first aid in the event any personal injuries are incurred by the Customer in the course of the Charter the Customer agrees and acknowledges that the Company is not a licenced health professional and cannot be held liable for any first aid, injury, loss, or damages incurred in connection with any injury or attempt to assist in the aid of any injury;
• The Customer agrees that it is the Customer’s responsibility to seek medical care from a qualified healthcare professional within a reasonable time after the Charter to prevent the exacerbation of any injury incurred during the Charter;
• If the Customer is supervising another Customer under the age of eighteen (18), they are liable for any personal injury or loss and damage to personal property incurred due to any reckless or negligent action or inaction by the underage Customer; and
• The Company will not be liable for any food poisoning, adverse reactions, or other injury occurring due to:
• the consumption of any fish caught during the Charter, whether consumed by the Customer or any other person; or
• the consumption of any food provided during the Charter by any third-party catering company.

3.3     The Customer accepts responsibility for any personal injury or loss or damage (whether to themself, or others) caused to any property owned by another Customer, or the Company (including but not limited to the vessel and any equipment provided to the Customer for their use) caused by the Customer’s:

• improper or unsafe use of any equipment used in the deep-sea fishing activities;
• improper or unsafe handling of any marine life encountered in the course of the deep-sea fishing activities;
• failure to follow the Company’s safety instructions;
• failure to ensure any fish caught and consumed is of good quality and not spoiled and likely to cause food poisoning whether consumed by themselves or others, including but not limited to not keeping the fish at an adequate refrigerated temperature to prevent spoiling; and

4. Indemnity

4.1     The Customer agrees to indemnify and hold harmless the Company, its employees, and agents against any claims, damages, or legal actions resulting from the Customer’s (or any Customer(s) under the age of eighteen (18) years under their supervisions’):

• reckless or negligent actions or inactions;
• disobedience of any direction of the Company or its staff;
• improper or unsafe use of any equipment used in the deep-sea fishing activities;
• improper or unsafe handling of any marine life encountered in the course of the deep-sea fishing activities;
• failure to follow the Company’s safety instructions;
• failure to ensure any fish caught and consumed is of good quality and not spoiled and likely to cause food poisoning, whether consumed by the Customer or any other person.

4.2     The Customer also agrees:

• To forever waive, release, and discharge all and any claim, right, or cause of action however arising, whether or not presently ascertained, immediate, future or contingent, which the Customer may otherwise have for or arising out of loss of life or injury, damage or loss of any description whatsoever and howsoever caused which the Customer may suffer or sustain in the course of, or consequent upon, the Charter or consumption of any fish caught during the Charter;
• To indemnify and keep indemnified the Company (including its directors, employees, agents, and Related Bodies Corporate) against any claim, right, or cause of action howsoever arising, whether or not presently ascertained, immediate, future, or contingent which the Customer may have for or arising out of loss of life or injury, damage, or loss of any description whatsoever and howsoever caused which may be suffered or sustained in the course of the Charter or consumption of any fish caught during the Charter;
• That the waiver, release, and discharge contained in this Disclaimer and the indemnity contained herein shall operate in favour of the Company, and its employees, volunteers, assigns, agents, officers, directors and Related Bodies Corporate, and shall so operate whether or not the loss, injury, or damage is due or attributable to an act, neglect, or omission of any one or more of those released persons;
• That the waiver, release, and discharge and the indemnity contained herein may be pleaded as a complete bar to any claim, notice, demand, action, proceeding, litigation, or judgment which has or may be brought or made or recovered against the Company.

5. Disclaimer of Monitoring

The Customer acknowledges that while the Company provides deep-sea fishing services, including but not limited to access to a vessel and equipment for deep-sea fishing activities, the Customer accepts full responsibility for ensuring that the vessel and equipment are used in a safe manner.

6. Effect of signing Manifest

By proceeding with the Booking and/or signing the Charter Manifest, the Customer confirms they have read and understood this document, their obligations and liabilities pursuant to this document, and the Company’s accompanying terms and conditions.