This Boat Hire Agreement (“Agreement”) is entered into between Noosa Watersports Pty Ltd (“Operator”) and the undersigned Hirer (“Hirer”).
By accepting possession or use of any vessel, the Hirer agrees to be legally bound by this Agreement.
1. HIRER RESPONSIBILITY (PRIMARY DUTY OF CARE)
1.1 The Hirer acknowledges they are the person in control of the vessel for the duration of hire and accept full responsibility for:
The Hirer assumes the role of temporary master of the vessel, regardless of experience or skill level.
The Hirer is solely responsible for any act or omission occurring during the hire period.
2. COMPREHENSIVE INDEMNITY
The Hirer irrevocably indemnifies and holds harmless the Operator, its directors, employees, agents, contractors, and insurers (“Indemnified Parties”) from and against all claims, demands, actions, liabilities, losses, damages, costs, or expenses (including legal costs on a full indemnity basis) arising out of or in connection with:
This indemnity applies whether or not such loss arises from negligence of the Indemnified Parties to the fullest extent permitted by law.
The Hirer acknowledges boating activities involve inherent and significant risks, including but not limited to:
The Hirer voluntarily:
To the maximum extent permitted by law, the Operator excludes all liability for:
arising from the use or hire of the vessel.
Nothing in this Agreement excludes, restricts, or modifies any consumer guarantees or statutory rights under the Australian Consumer Law that cannot be excluded.
5. SAFE OPERATION REQUIREMENTS
The Hirer agrees to strictly comply with all operational requirements including but not limited to:
Failure to comply constitutes a material breach of this Agreement.
6. OPERATOR CONTROL & TERMINATION RIGHTS
The Operator reserves the right to:
The Operator’s decision regarding safety is final.
7. DAMAGE LIABILITY
The Hirer is fully liable for all loss or damage to:
The Hirer agrees to pay all repair, replacement, towing, salvage, and downtime costs.
8. PASSENGER SAFETY & SUPERVISION
The Hirer is responsible for ensuring all passengers:
Children and non-swimmers must be actively supervised at all times.
9. SAFETY EQUIPMENT
Safety equipment is provided and must not be removed, altered, or misused.
Life jackets must be worn when directed or where legally required.
Any tampering with safety equipment constitutes a breach and may result in liability for all resulting losses.
10. EMERGENCY RESPONSE
The Hirer acknowledges that:
11. WEATHER & MARINE CONDITIONS
The Hirer acknowledges conditions may change rapidly.
The Operator accepts no responsibility for:
The Hirer accepts that operational decisions prioritise safety over convenience.
This agreement is governed by the laws of Queensland, Australia.
ACKNOWLEDGEMENT
I confirm that I have read and understood this waiver, had the opportunity to ask questions, and agree to its terms freely and voluntarily.
NOOSA WATERSPORTS – STAND UP PADDLEBOARD, KAYAK & SAILING BOAT HIRE
WAIVER & RELEASE OF LIABILITY
1. Acknowledgement of Risk
I understand that hiring and using stand-up paddleboards (SUP), kayaks, and Hobie Cat sail boats from Noosa Watersports involves inherent risks associated with water activities.
These risks include, but are not limited to:
I acknowledge that these activities take place in natural waterways and that conditions can change rapidly. I voluntarily choose to participate and accept these risks.
2. Participant Responsibilities
I confirm that:
I understand that failure to follow safety instructions may result in the hire being terminated without refund.
Due to the nature of sailing vessels, Hobie Cat hire is available only to participants with prior sailing experience.
By signing this waiver, I confirm that I have previous experience sailing Hobie Cat or similar catamaran-style sailboats and understand how to safely operate the vessel, including steering, sail control, launching, and righting the boat in the event of capsize.
I acknowledge that Noosa Watersports is relying on this declaration when allowing me to hire a Hobie Cat and that no formal sailing instruction is being provided as part of the hire.
To the fullest extent permitted by law, I release and hold harmless Noosa Watersports, its owners, employees, contractors, and representatives from any liability, claims, damages, injuries, or losses arising from my use of hired equipment or participation in water activities.
This includes personal injury, property damage, or loss occurring during the hire period, except where liability cannot be excluded under the Australian Consumer Law.
I agree to:
I understand that repair or replacement costs may be charged if equipment is returned damaged or not returned.
In the event of illness or injury, I authorise Noosa Watersports staff to obtain emergency medical assistance on my behalf if necessary. I understand that any medical expenses incurred are my responsibility.
Participants under the age of 18 must have this waiver signed by a parent or legal guardian.
This agreement is governed by the laws of Queensland, Australia.
I confirm that I have read and understood this waiver, had the opportunity to ask questions, and agree to its terms freely and voluntarily.
These Terms and Conditions govern your use of the Jet Ski and form a legally binding agreement. You should read them carefully. If you do not understand any part, you should obtain independent legal and financial advice before signing.
The use of a Jet Ski is a dangerous recreational activity and involves significant risk of injury or death. You participate entirely at your own risk.
Hirer (Driver): Any person approved by the Company to operate the Jet Ski and who signs this agreement.
Company: As defined above.
Damage: Includes any loss, damage, accident, incident, third-party damage, vandalism, or event requiring police involvement, whether or not physical damage occurs.
Hire Period: From the Date of Hire until 11:59pm on that date (unless otherwise agreed).
PFD: Personal flotation device compliant with AS 4758:1:2015.
You acknowledge and agree that:
You confirm you have been warned of these risks and voluntarily accept them.
You warrant that:
The Company warrants that:
Except as required by law, all other warranties are excluded.
You must:
The Company may terminate the hire immediately without refund if unsafe behaviour is observed.
You are solely responsible for:
You accept full responsibility for any loss, injury, or damage arising from:
To the maximum extent permitted by law:
You release and discharge the Company from all liability for:
arising out of or in connection with the hire or use of the Jet Ski, including where caused by the negligence of the Company, except where such liability cannot be excluded.
You agree to indemnify and hold harmless the Company against any claim, loss, damage, or liability arising from:
Under the Australian Consumer Law, certain guarantees cannot be excluded.
Where this is a recreational service: Liability for failure to comply with guarantees is excluded to the extent permitted under relevant State legislation relating to dangerous recreational activities.
You agree to:
The Company may retain or apply any security bond toward such costs.
The Company is not liable for:
You must return the Jet Ski:
Failure may result in additional charges.
Where the Hirer or passenger is under 18:
This agreement is governed by the laws of Queensland, Australia.
I confirm that I have read and understood this waiver, had the opportunity to ask questions, and agree to its terms freely and voluntarily.
1. ACKNOWLEDGEMENT OF RISK
I acknowledge that participation in offshore fishing charter activities is a “recreational activity” involving a significant risk of physical harm or death.
I understand that risks include, but are not limited to:
I voluntarily accept and assume all risk of injury, loss, damage or death arising from participation.
I acknowledge and agree that:
To the maximum extent permitted by law, I:
Noosa Bluewater Charters, its directors, employees, agents, contractors, vessel operators, and crew (“Released Parties”) from all liability for:
arising from participation in the charter, including boarding, disembarking, vessel operations, and associated activities.
I acknowledge that the Released Parties are not liable for loss or damage arising from negligence to the fullest extent permitted under the Australian Consumer Law, except where liability cannot be excluded by law.
I agree to indemnify and hold harmless the Released Parties against any claims, damages, costs, or expenses arising from:
I acknowledge that:
I confirm that:
I acknowledge that:
I consent to the use of photographs or video taken during the charter for promotional purposes unless I notify staff prior to departure in writing.
I acknowledge that the operator is not responsible for any indirect or consequential losses including:
Trips may be cancelled due to weather, safety concerns, or regulatory requirements.
If any part of this agreement is held invalid or unenforceable, the remaining provisions remain in full force and effect.
This agreement is governed by the laws of Queensland, Australia.
I confirm that I have read and understood this waiver, had the opportunity to ask questions, and agree to its terms freely and voluntarily.