Please ensure that you have read and understood each of the following points as part of our Risk Disclosure to clients:
1. The client accepts that a Fishjet NZ trip carries with it some degree of risk: both to the person and their property. Although our outdoor activities are on the low end of the risk profile by New Zealand standards, there is always inherent risks with outdoor activities involving water, jetboats and the great outdoors in general. Unlike most other jetboat operators in New Zealand, we do not undertake high speed maneuvers or Hamilton turns but there are still safety risks associated with operating a boat on a river. Knowing of these risks, the client still wishes to register and participate and so expressly agrees to assume the risk of personal injury, damage or trauma to loved ones while participating in a Fishjet NZ trip. The risks and hazards include, but are not limited to:
· Slips/trips and falls
· Collisions with other boats or objects (e.g. rocks, logs, banks) during jetboating
· Driving accidents on sealed roads and back country roads
· Unstable banks, rock falls and/or landslides
· Falling trees
· Livestock and wild animals along rivers and on farms
· Slippery rocks along rivers (wading/foot entrapment)
· Drowning or emersion in cold water
· Natural disasters such as earthquakes and floods
· Biting insects (sandflies) and stinging insects (wasps and bees)
· Equipment failure or mechanical breakdown of vehicles or boats
· Gunshot/firearms accidents with the potential to cause injury or death
· Helicopter/Floatplane accidents when using a Civil Aviation Authority approved operators for access
I am aware that participating in a Fishjet NZ trip can be hazardous if they are not conducted with care, control and responsibility. I acknowledge that these risks could result in my injury (physical or mental) or even death.
2. I have informed the staff of Fishjet NZ (or will, prior to undertaking the activity) of any medical conditions, previous injuries, and any medication I am currently taking which may affect my ability to undertake the activity. I confirm I am physically fit and able to participate in the activities and I have not been advised otherwise by a qualified medical person. I consent to receive any medical treatment that may be deemed necessary by Fishjet NZ in the event of injury, accident or illness while undertaking the activities. I understand it is my responsibility to disclose any conditions (health or otherwise) that may affect the safety and enjoyment of myself and those around me. Remote locations and difficult access to emergency services can complicate the response to medical emergencies such as injuries, heart attacks, or allergic reactions. It is imperative we know about all medical conditions our guests have and they carry down all related medication.
3. The client releases, waives and holds harmless Fishjet NZ, its officers and/or its employees from all claims, losses, damages or expenses during or in conjunction with participation in guided drift fishing (jetboat or drift boat), jetboat water taxi trips, guided walk-wade fishing or guided hunting (including any claims for damage caused by negligence of Fishjet NZ, its officers and/or its employees) together with all costs (including legal fees that may be incurred as a result of any claims, losses, damages or expenses). This exclusion is subject to any rights or remedies you may have under the Consumer Guarantees Act 1993.
4. The client also indemnifies Fishjet NZ, its officers and/or its employees against all claims, losses, damages or expenses or claims that any of the Participant’s agents or guests or any one or more of his or her executors, administrators, heirs, next of kin, successors, or assignees may have or assert and against all costs (including legal fees that may be incurred as a result of any such claims, losses damages or expenses).
5. In the event that the client is not a resident of New Zealand, the Participant declares that he or she will not attempt to avoid the conditions set out in 4 & 5 above by commencing any legal proceedings in any other country.
6. The client agrees to follow all lawfully given instructions by Fishjet NZ guides and staff at all times whilst they are on a FISHJET NZ trip and under FISHJET NZ’s duty of care.
7. No client is to be permitted to board a drift boat, use a firearm or partake in any of our outdoor activities if that client is believed to be in a state of ;impairment that may be a hazard to himself/herself or to other Participants on the trip (either perceived or actual).
8. Fishjet NZ reserves the right to cancel any trip, or anyone from the trip, on the basis of compromised safety.
9. Each client will be equipped with appropriate safety equipment which must be worn and kept properly adjusted during the course of the trip.
10. In addition to the items above, the client will be provided with a daily safety briefing by their guide at the start of each day before an activity commences. Additional safety briefings and instructions may be provided throughout the day if additional hazards are identified. Your guide will always have appropriate communications devices (e.g. PLB, Inreach, spotracker, phone and/or radio), 1st aid supplies and safety training relevant to your specific activity and location. This will be explained to the client(s) before an activity commences.