Understanding the risks

I accept that this activity involves inherent hazards and potential risks.

The risks and hazards include, but are not limited to property damage, personal injury, illness because of adverse weather conditions/natural hazards, risk of drowning or death, sunburn, dehydration, hyperthermia & exhaustion, rolling or capsizing or flipping kayaks and Sups, hitting obstacles, (such as rocks or other watercraft) or being hit by other watercraft and equipment failure.

I acknowledge that these risks could result in my injury (physical or mental) or even death.

I’m aware that participating in activities offered by Marlborough Sounds Adventure Co could be hazardous if they’re not conducted with care, control, and responsibility.

The staff and management of Marlborough Sounds Adventure Co take all practicable steps to identify and minimise potential dangers.  However, you must always follow our instructions and use the safety equipment provided.  Adults accompanying any person under the age of 18 must ensure that the underage person always follows our instructions.  You must release or indemnify Marlborough Sounds Adventure Co and our staff against any liability we incur to anyone else, resulting from your failure to follow our instructions or the failure of any person accompanying you under the age of 18 to follow our instructions.

Health and medication

I understand that it’s my responsibility to disclose any health or other conditions that may affect the safety and enjoyment of myself and others.

I’ve informed Marlborough Sounds Adventure Co (or will do so before undertaking the activity) of any medical conditions, previous injuries, and medication I’m taking that may affect my ability to participate safely.

I confirm that I’m not under the influence of drugs or alcohol that may impair my ability to participate safely.

I confirm that I’m physically fit and able to participate in the activities and that I haven’t been advised otherwise by a doctor.

I consent to receive any medical treatment that may be deemed necessary by Marlborough Sounds Adventure Co in the event of injury or illness while participating.

Conditions of participating

I agree to take care and obey the rules set out by Marlborough Sounds Adventure Co and the instructions given by its staff.

I accept that if I don’t adhere to the rules and instructions, or if I act dangerously, Marlborough Sounds Adventure Co may remove me from the activity.

If this occurs, I agree that:

• I won’t receive a refund.
• Marlborough Sounds Adventure Coreserves the right to cancel the activity if they become concerned for my safety or the safety of others.
• I’ll wear safety clothing and equipment as always required by the guide when participating.

Limited liability

Marlborough Sounds Adventure Co I understand that, if I act dangerously and don’t follow the rules and instructions set out by Marlborough Sounds Adventure Co and the guide, Marlborough Sounds Adventure Co won’t be responsible for any injury I cause to myself or another person, or damage to or loss of property.

If I damage clothing or equipment, or other property owned by Marlborough Sounds Adventure Co or a landowner, I agree to pay to Marlborough Sounds Adventure Co or the landowner the costs for repairing the damage.

Liability of Landowner

I agree that the owner/s or managers of the land on which the activity is conducted won’t be held responsible for any death, injury, or damage to or loss of property caused by this activity.

Marketing

I give Marlborough Sounds Adventure Co permission to send me emails relating to Marlborough Sounds Adventure Co events, and the right to use photos and videos of me taken during the activity for promotional purposes.

Warning:  Under New Zealand law it is extremely unlikely that you will be able to sue anyone if you are injured.  In addition, New Zealand’s accident compensation scheme provides only limited assistance to visitors to New Zealand who are injured.  We strongly recommend that all visitors to New Zealand have full insurance covering any injury they might suffer, including medical treatment cover, before undertaking this activity.

Exclusions:  To the extent permitted by law, all our liability for damage to your property, disruption to travel plans, or mental injury is excluded.  This exclusion is subject to any rights or remedies you may have under the Consumer Guarantees Act 1993.