Activity Forms

  • Activity Forms

  • Name of Provider

    NNS Operations Pty Ltd AFT NNS Operations Discretionary Trust

  • Waiver

    • Additional Participants 
    • Additional Participants 

    • The following pages affect your legal rights and obligations. Please read these carefully and only sign if you fully understand their contents. For Participants under 18 years of age, these documents must be completed by a parent or legal guardian.

      Description of Activities²:

      Abseiling, Flying Fox, Giant Swing, Mountain Biking, Archery, Archery Tag, Laser Tag, Surfing, Body Boarding, Bush Craft, Stand Up Paddleboarding, High Ropes, Flying Fox, Beach Games, Canoeing, Jumping Pillow, Mini Golf, & Bouldering.

      Risk Warning

      I am aware that by my participation in any activities arranged by the Provider, certain risks or dangers may occur which could include:

      Physical, bodily or psychological injury or death.
      Physical exertion to which I am not accustomed.
      Failure of equipment or use of inadequate equipment.
      There may be no or inadequate facilities for treatment or transport to treatment if am injured.
      The conditions in which the activities are conducted may vary without warning.
      I may cause injury to other persons and/or other persons may cause injury to me.
      I may be injured or die due to the negligence, breach of contract or breach of statutory duty or guarantee of the provider.
      I acknowledge that the activities are being undertaken for the purposes of recreation, enjoyment or leisure, and involve a significant degree of risk of physical harm.

      I acknowledge that the Activity may be undertaken with one or more other persons as part of a group and that the Provider is not liable for the actions of other participants in the group activity.

      By signing below, I acknowledge. agree and understand that the risks associated with the Activities and/or recreational services have been explained to me. I undertake any such risk voluntarily and at my own risk.

      I acknowledge that the risk warning above constitutes a "risk warning" in accordance with the Civil Liability Act 2002 (NSW) and the Civil Liability Act 2002 (WA) and Civil Liability Act 2003 (QLD).

      1 Provider includes the officers, employees. agents, contractors, franchisees and assigns of the Provider. 2 Activities includes all activities and services ancillary to or associated with the named Activity. both before and after the Activity, including transportation to and from the location of the Activity whether provided by the Provider or not, briefings, inductions, training. and the provision of information in all manuals, safety guidelines and other documentation provided to or made available to the Participant with respect to the Activity, familarisation with clothing or equipment and methods of operation of equipment and the wearing and removal of any clothing or equipment associated with the Activity. Unless otherwise specified, a reference to an Activity is a reference to a recreational service or a recreational activity as defined in relevant legislation

    • Participant's Warranties

      I agree to abide by any of the Provider's rules, and any direction or instruction given to me by the Provider during the course of the Activities. I agree to use and/or wear any equipment given to me by the Provider.

      I declare that I am medically and physically fit and able to participate in the Activities. I acknowledge that I must, and agree that I will, disclose any pre-existing medical or other condition, injury or concern that may affect the risk that either I or any other person will suffer injury. loss or damage during the course of the Activities and notify the Provider of any injuries, illness or concerns that may arise during the Activity. I will not engage in any reckless, negligent or foolish behaviour or any other behaviour that is likely to cause injury to me, any other participant or person.

      I agree that if I suffer any injury or illness, the Provider may provide evacuation, first aid and/or medical treatment at my expense and that my acceptance of these terms and conditions constitutes my consent to such evacuation, first aid and/or medical treatment.

      I declare that I have not consumed any alcohol or mind altering substance, or medication that may impact my judgement or physical capacity, before or at the time of engaging in the Activities.

      Exclusion of liability

      I agree to and unconditionally release, waive, discharge and forever hold harmless, the Provider or any of its employees, agents, directors or officers, from any claims as a result of any personal injury sustained, whether caused by the Provider's negligent act or wilful act or omission, breach of contract, breach of statutory duty, error, or otherwise in connection with or arising out of the Activities.

      I agree that the Provider will not be liable for any claims for personal injury that may be brought against it as a result of orin connection with any act, omission, default, failure or error on the part of the Provider, and agree to indemnify and keep indemnified the Provider in respect of any such claims.

      Waiver

      It is possible for a supplier of recreational services to ask you to agree that the statutory guarantees under the Australian Consumer Law (which is schedule 2 to the Competition and Consumer Act 2010 (Cth) do not apply to you. If you sign this form, you will be agreeing that your rights (or the rights of a person for whom or on whose behalf you are acquiring the services) to sue the Provider in relation to the Provider's services or the activities that you undertake because the services or activities provided were not in accordance with the guarantees are excluded, restricted or modified as set out below.

      For Queensland, New South Wales, Western Australia, Tasmania, Northern Territory and Australian Capital Territory and Commonwealth

      By signing this form, you agree that the liability of the Provider in relation to the activities (as defined by the Competition and Consumer Act 2010 (Cth) the Consumer Affairs and Fair Trading Act (NT) and the Australian Consumer Law) and recreational activities (as defined by the Civil Liability Act 2002 (NSW) and the Civil Liability Act 2002 (WA)) for any:

      (a)Deaths

      (b)Physical or mental injuries (including the aggravation, acceleration or recurrence of such an injury):

      (c)The contraction, aggravation or acceleration of a disease;

      (d)The coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual:

      (i)That is or may be harmful or disadvantageous to you or the community; or

      (ii)That may result in harm or disadvantage to you or community;

      That may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of the recreational services or recreational activities is excluded.

    • You acknowledge and agree that the above provision operates to exclude the liability of the Provider as a result of a breach of an express or implied warranty that the recreational services will be rendered with reasonable care and skill in accordance with section 5J of the Civil Liability Act 2002 (WA) and section 5N of the Civil Liability Act 2002 (NSW)

      Declaration and Signature

      I have read carefully and understand this risk warning and waiver of liability and sign it feely and voluntarily without inducement of any kind.

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    • Participants under age 18

    • This is to certify that I. as a parent/guardian with legal responsibility for the Participant, acknowledge, understand and accept all of the above and consent to his/her release as provided above. I release and agree to indemnify and hold harmless the Provider from any and all liabilities arising from my minor child's involvement or participation in the Activities and/or recreational services, even if arising from the negligence of the Provider.

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    • SUP Hire Form 

    • SUP Hire Contract

      Conditions of Hire

    • I, being the person, whose name and signature appears below (hereinafter referred to as I or the hirer) in consideration providing the hire of the following equipment:

      Stand Up Paddleboard(s)

      Paddle

      Fin

       

      I acknowledge that I engage in the use of this equipment at my own risk and have been provided with the following safety equipment:

      Personal Flotation Device (PFD)

      Further,

      • I am over the age of 18 years. 
      • I agree as a condition of hire to wear all the safety equipment provided, during the duration of hire. 
      • I agree to wear enclosed shoes at all times while using the equipment.
      • I will at all times take control of the equipment and assume total responsibility.
      • I hereby warrant that I am in good health. I am not receiving any medication or taking any drugs whatsoever and that I am free of injury, medical conditions, disability, disease, influence of alcohol, drugs or illness which may be aggravated by participation in the amovementioned activity or may affect or interfere with my ability to safely control the abovementioned equipment for hire.
      • The hirer agrees and contracts to absolve Tenbury Pty Limited AFT Resort Parks Australia Noosa North Trust Noosa North Shore Holdings Pty Ltd, Noosa North Shore Retreat of all liability which may arise under the law of negligence through the use, operation, hiring, repair or condition of the equipment/activity which is the subject of this contract. The hirer further agrees and contracts to absolve Tenbury Pty Limited AFT Resort Parks Australia Noosa North Trust Noosa North Shore Holdings Pty Ltd. Noosa North Shore Retreat of all liability which may arise under the law of negligence through the giving of instructions, advice or equipment in relation to matter of safety in the use and operation of the said equipment/activity.
      • I agree that no alcohol or drugs will be consumed or administered during the term of hire.
      • I agree to pay $50 bond in advance that will cover any costs that I may be liable for at the end of the rental.
      • I understand that if I return the equipment in the same condition and good working order it was in when I received it, ordinary fair wear and tear excluded, that the $50 bond will be returned to me.
      • I will be fully responsible for any loss or damage of equipment or any accessories and I agree to pay up to $500 for expenses caused by the loss or damage.
      • I will return the equipment at the time shown below and will be responsible for extra payments levied for late returns in accordance with the rates charged for hire from time to time.
      • I acknowledge that Tenbury Pty Limited AFT Resort Parks Australia Noosa North Trust Noosa North Shore Holdings Pty Ltd, Noosa North Shore Retreat and its employees and agents has the right to take posession of the equipment if the rules are not being adhered to or there is a safety concern for the rider or other guests or staff of the park.

         

        Rules

         

      • Safety first. Do not do anything that may endanger you or others.

      • PFD must be worn at all time when on the water.

      • Local and Govenrnment laws must be followed at all times.

      • Children must be supervised at all times.

      • Enclosed shoes must be worn at all times.

         

        Executed as an Agreement

        For and on behalf of Tenbury Pty Limited AFT Resort Parks Australia Noosa North Trust Noosa North Shore Holdings Pty Ltd, Noosa North Shore Retreat

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    • SUP Hire Form 
    • MTB Hire Form 

    • MTB Hire Contract

      Conditions of Hire

    • I, being the person, whose name and signature appears below (hereinafter referred to as I or the hirer) in consideration providing the hire of the following equipment:

       

      Mountain Bike(s) 

      I acknowledge that I engage in the use of this equipment at my own risk and have been provided with the following safety equipment:

      Helmet

      Further,

      • I am over the age of 18 years. 
      • I agree as a condition of hire to wear all the safety equipment provided, during the duration of hire. 
      • I agree to wear enclosed shoes at all times while using the equipment.
      • I will at all times take control of the equipment and assume total responsibility.
      • I hereby warrant that I am in good health. I am not receiving any medication or taking any drugs whatsoever and that I am free of injury, medical conditions, disability, disease, influence of alcohol, drugs or illness which may be aggravated by participation in the amovementioned activity or may affect or interfere with my ability to safely control the abovementioned equipment for hire.
      • The hirer agrees and contracts to absolve Tenbury Pty Limited AFT Resort Parks Australia Noosa North Trust Noosa North Shore Holdings Pty Ltd, Noosa North Shore Retreat of all liability which may arise under the law of negligence through the use, operation, hiring, repair or condition of the equipment/activity which is the subject of this contract. The hirer further agrees and contracts to absolve Tenbury Pty Limited AFT Resort Parks Australia Noosa North Trust Noosa North Shore Holdings Pty Ltd. Noosa North Shore Retreat of all liability which may arise under the law of negligence through the giving of instructions, advice or equipment in relation to matter of safety in the use and operation of the said equipment/activity.
      • I agree that no alcohol or drugs will be consumed or administered during the term of hire.
      • I agree to pay $50 bond in advance that will cover any costs that I may be liable for at the end of the rental.
      • I understand that if I return the equipment in the same condition and good working order it was in when I received it, ordinary fair wear and tear excluded, that the $50 bond will be returned to me.
      • I will be fully responsible for any loss or damage of equipment or any accessories and I agree to pay up to $500 for expenses caused by the loss or damage.
      • I will return the equipment at the time shown below and will be responsible for extra payments levied for late returns in accordance with the rates charged for hire from time to time.
      • I acknowledge that Tenbury Pty Limited AFT Resort Parks Australia Noosa North Trust Noosa North Shore Holdings Pty Ltd, Noosa North Shore Retreat and its employees and agents has the right to take posession of the equipment if the rules are not being adhered to or there is a safety concern for the rider or other guests or staff of the park.

         

        Rules

         

      • Safety first. Do not do anything that may endanger you or others.

      • Helmets for safety must be worn at all times.

      • Be aware of traffic on the roads.

      • Local and Govenrnment laws must be followed at all times.

      • Children must be supervised at all times.

      • Enclosed shoes must be worn at all times.

         

        Executed as an Agreement

        For and on behalf of Tenbury Pty Limited AFT Resort Parks Australia Noosa North Trust Noosa North Shore Holdings Pty Ltd, Noosa North Shore Retreat

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    • MTB Hire Form 
    • Surfboard Hire Form 

    • Surfboard Hire Contract

      Conditions of Hire

    • I, being the person, whose name and signature appears below (hereinafter referred to as I or the hirer) in consideration providing the hire of the following equipment:

       Foam Surfboard  

      I acknowledge that I engage in the use of this equipment at my own risk and have been provided with the following safety equipment:

      Leg Rope

      Further,

      • I am over the age of 18 years. 
      • I agree as a condition of hire to wear all the safety equipment provided, during the duration of hire. 
      • I agree to wear enclosed shoes at all times while using the equipment.
      • I will at all times take control of the equipment and assume total responsibility.
      • I hereby warrant that I am in good health. I am not receiving any medication or taking any drugs whatsoever and that I am free of injury, medical conditions, disability, disease, influence of alcohol, drugs or illness which may be aggravated by participation in the amovementioned activity or may affect or interfere with my ability to safely control the abovementioned equipment for hire.
      • The hirer agrees and contracts to absolve Tenbury Pty Limited AFT Resort Parks Australia Noosa North Trust Noosa North Shore Holdings Pty Ltd, Noosa North Shore Retreat of all liability which may arise under the law of negligence through the use, operation, hiring, repair or condition of the equipment/activity which is the subject of this contract. The hirer further agrees and contracts to absolve Tenbury Pty Limited AFT Resort Parks Australia Noosa North Trust Noosa North Shore Holdings Pty Ltd. Noosa North Shore Retreat of all liability which may arise under the law of negligence through the giving of instructions, advice or equipment in relation to matter of safety in the use and operation of the said equipment/activity.
      • I agree that no alcohol or drugs will be consumed or administered during the term of hire.
      • I agree to pay $50 bond in advance that will cover any costs that I may be liable for at the end of the rental.
      • I understand that if I return the equipment in the same condition and good working order it was in when I received it, ordinary fair wear and tear excluded, that the $50 bond will be returned to me.
      • I will be fully responsible for any loss or damage of equipment or any accessories and I agree to pay up to $500 for expenses caused by the loss or damage.
      • I will return the equipment at the time shown below and will be responsible for extra payments levied for late returns in accordance with the rates charged for hire from time to time.
      • I acknowledge that Tenbury Pty Limited AFT Resort Parks Australia Noosa North Trust Noosa North Shore Holdings Pty Ltd, Noosa North Shore Retreat and its employees and agents has the right to take posession of the equipment if the rules are not being adhered to or there is a safety concern for the rider or other guests or staff of the park.

         

        Rules

         

      • Safety first. Do not do anything that may endanger you or others.

      • Local and Govenment laws must be followed at all times. 

      • Children must be supervised at all times. 

      • Surf within your limits. 

      • Inexperenced surfers are recommended to stay waist deep.  

        Executed as an Agreement

        For and on behalf of Tenbury Pty Limited AFT Resort Parks Australia Noosa North Trust Noosa North Shore Holdings Pty Ltd, Noosa North Shore Retreat

         

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    • Surfboard Hire Form 
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