6. The Participant agrees to waive any and all claims that he or she may have now or may have in the future against the Organiser and releases the Organiser from any and all liability for any loss, damage or expense associated with injury, including death, that he or she may suffer or sustain as a result of participation in the Activities, due to any cause whatsoever, including negligence, breach of contract or breach of any statutory or other duty, on the part of the Organiser including the failure on the part of the Organiser to instruct, warn, safeguard or protect the Participant from any and all risks associated with the Activities.
7. Nothing in this document prevents the Organiser from relying on any laws (including statutes and common law) that limit or preclude their liability.
8. Nothing in this document excludes any term or guarantee which, under statute, cannot be excluded however the liability of the Organiser is limited to the minimum liability allowable by law. In particular, I understand that I may have rights under consumer guarantees set out in the Australian Consumer Law (Cth) or the applicable consumer legislation of the relevant State, as noted below.
9. This Release and Waiver, and any rights, duties and obligations between me and the Organiser shall be governed by and interpreted solely in accordance with the laws of Queensland, Australia.
10. I understand that I am liable for any damages to The Organiser or The Organiser’s property as a result any damages, breach of contract or breach of any statutory or other duty that I agree to as part of signing this Release and Waiver that are caused while I am in control of the vessel.
11. I understand that if I do not agree with any of the above Terms and Conditions, or Terms and Conditions listed on the Terms and Conditions page, I can choose to exit the agreement now and any moneys paid will be refunded in full.