1. ACKNOWLEDGEMENT OF RISK I understand and accept that participation in this Activity involves inherent risks including, but not limited to: • Bodily injury or death • Drowning or immersion • Collision or equipment failure • Exposure to natural elements • Psychological harm • Property damage I voluntarily assume all such risks on behalf of myself and any minors listed below. 2. RELEASE AND INDEMNITY I, on behalf of myself, my heirs, executors, administrators, and legal representatives, hereby release and forever discharge: • Affinity Jet Ski Tours (ABN 80 116 949 172) • All officers, employees, agents, affiliates, successors, and assigns from all liability, claims, demands, actions, or causes of action arising from participation in the Activity, whether caused by negligence or otherwise. I agree to indemnify and hold harmless all of the above parties from any liability, loss, or damage (including legal costs) resulting from participation in the Activity. I acknowledge that: • The jet skis used in this activity are owned by a third party. • Affinity Jet Ski Tours is the operating company responsible for managing the Activity. • Affinity Jet Ski Tours assumes all risk associated with the Activity. 3. MEDICAL FITNESS AND CONDUCT I confirm the following: • I do not have any medical conditions (including pregnancy, injuries, diabetes, heart issues) that prevent safe participation. • I am not under the influence of alcohol or drugs. • I can swim at a basic level. • I understand English or have had this form explained in a language I understand. I acknowledge that if any of these statements are false, I may be excluded from participation for safety reasons. 4. EQUIPMENT USE AND RESPONSIBILITY I agree to use all jet ski and safety equipment responsibly and understand I may be liable for: • Damage to vessels or equipment due to negligence • Replacement of lost or non-repairable equipment • A minimum charge of $1,500 for damage caused by disregarding instructions 5. PERSONAL BELONGINGS, PHOTOS AND MARINE SAFETY Personal Belongings I understand that if I choose to take any personal belongings with me on the jet ski tour that it is entirely at my own risk and that the jet ski ride can be somewhat wet and bumpy at times and there is no guarantee that the storage areas on the jet ski will remain dry and/or shut. I UNDERSTAND I AM NOT PERMITTED TO HOLD ANY DEVICE IN MY HAND WHILE DRIVING OR PASSENGER WHEN THE JET SKI IS UNDERWAY AND ALL ITEMS MUST BE STOWED IN THE GLOVE BOX. Examples of personal belongings include but are not limited to: – Phones & Wallets – Cameras, Go Pro’s etc – Sunglasses (including Prescription glasses/sunglasses) – Hats & shoes A secure land-based storage area is provided, however Affinity Jet Ski Tours takes no responsibility for the security of your personal items. Photos of your tour Photos MAY be taken during the tour. I understand that these photos may be posted on Facebook and other social media platforms and that if I object to this I will advise a staff member prior to the tour. Photos MAY be available for purchase via an email link. NOTE – There is no guarantee that the photos will be available if not purchased on the day of the tour. Marine Safety I understand that the ocean contains various marine stingers, and should I fall off my jet ski or swim while at the beach or island locations, there is a risk of marine stingers. Protective suits are available for hire – cost is $15/suit. Marine Park & Beautiful Whitsundays I understand that I will be undertaking my tour within the Whitsunday marine park environment. During my tour I must be mindful of marine life, local residents, and anchored vessels. No rubbish is to be thrown in the ocean or left on the beach. Affinity Jet Ski Tours supports environmental sustainability and preservation of the natural beauty of the area. I will ensure I travel at slow speed around marine wildlife, the shipwreck in Pioneer Bay, and other sensitive areas as directed by the guide. I am aware that the Activity has (a) inherent risks, dangers and hazards associated therewith including but not limited to risks associated with equipment failure, immersion in or under water, slipping and falling, harm caused by marine creatures, acts of fellow participants or risk that may not be known or anticipated; and (b) I specifically assume such risks. I acknowledge that I am physically fit and I will not hold the Releases responsible if I am injured as a result of any medical problems or complications which occur whilst participating in the Activity. I acknowledge and agree that in the event of any incident or accident I shall not make any press release, public statement or otherwise make public the events and circumstances of such incident or accident. A person shall not be permitted to participate in the Activity for any of the following reasons: • A person is unable to comprehend or disregards safety instructions. • A person is under the influence of drugs and alcohol or otherwise similarly impaired. • A person is under the age requirements. • A person is unaccompanied and unable to participate alone due to physical or mental impairment. I have been advised of the Activity and understand the information provided. I represent and warrant that I have authority to sign this Release on behalf of myself and my family and/or any other persons who accompany me and that all such persons are listed below.