Adult Waiver

1. Parties and Activities

This Waiver and Release of Liability ("Waiver") is between LuxJet Pty Ltd trading as LUXJET ("LuxJet", "we", "us", "our") and the person signing ("you", "the Participant").

This Waiver applies to all activities involving a LuxJet jet car boat on every visit, including test rides, demonstrations, hire and rental use, training and familiarisation sessions, travel as a passenger, and all other activities on or around a LuxJet vessel.

2. Nature of Jet Boat Activities

I acknowledge that operating or riding in a high-speed jet boat and all related activities are physically demanding recreational activities involving inherent and unavoidable risks of personal injury, illness, or death; that they are "recreational services" under section 139A of the Australian Consumer Law; and that I am choosing to participate voluntarily.

3. Risk Disclosure

I acknowledge that risks include, but are not limited to:

(a) High-speed travel, rapid acceleration, sharp turns, and sudden manoeuvres or stops;

(b) Ejection from the vessel, or slips and falls on board or when boarding and disembarking;

(c) Impact with the water at speed, the vessel, other vessels, or floating and submerged objects;

(d) Drowning, near-drowning, or cold-water immersion;

(e) Changing weather, wind, waves, wake, currents, and water conditions;

(f) Mechanical, engine, steering, or other equipment malfunction or misuse;

(g) Collision with other watercraft, swimmers, structures, or objects;

(h) Overexertion, muscle, tendon, joint, or head, neck, back, and spinal injuries;

(i) Sun exposure, dehydration, and motion sickness; and

(j) Aggravation of any pre-existing medical condition.

4. Obvious Risk Notice

Under the civil liability legislation of the Australian states and territories (including Part VBA of the Wrongs Act 1958 (Vic) and Division 4 of the Civil Liability Act 2002 (NSW)), LuxJet is not liable for harm resulting from an obvious risk of a dangerous recreational activity. Many risks in clause 3 are obvious risks under those Acts.

5. Exclusion of Liability

To the maximum extent permitted by law, including under section 139A of the Australian Consumer Law and applicable state civil liability legislation:

(a) I release and forever discharge LuxJet Pty Ltd, its directors, officers, employees, contractors, skippers, agents, and volunteers ("Released Parties") from all claims arising out of my participation in LuxJet activities, including claims arising from negligence; and

(b) The Released Parties are not liable for personal injury (including death), property damage, or other loss, howsoever caused.

Nothing in this Waiver excludes any consumer guarantee or right that cannot lawfully be excluded.

6. Indemnity

I agree to indemnify the Released Parties from any claim, loss, or expense arising from: (a) any breach of this Waiver or of LuxJet rules; (b) any act or omission by me causing injury or damage to any person or property; or (c) my participation in LuxJet activities.

7. Health, Fitness and Swimming Declaration

I declare that I am in good physical health with no condition that would prevent or be aggravated by high-speed boating; that I am able to swim or will advise staff before boarding if I cannot; that I will obtain medical advice if in doubt; that I will notify LuxJet staff of any relevant health change; and that I consent to staff seeking emergency medical assistance on my behalf if necessary.

8. Rules and Conduct

I agree to comply with all LuxJet rules and staff or skipper instructions; to wear the provided lifejacket at all times on the water; to remain seated and hold on while the vessel is moving; to hold the required marine licence where I operate the vessel myself; and not to participate while under the influence of alcohol, drugs, or any impairing substance.

9. Privacy Collection Notice

LuxJet Pty Ltd collects your personal information to manage your account, process bookings and payments, maintain safety records, and communicate about our services. Your information may be shared with staff, contractors, or service providers involved in vessel operations, in accordance with the Privacy Act 1988 (Cth). Contact admin@luxjet.com.au to request access or corrections.

Australian Consumer Law Notice: Under the Australian Consumer Law, statutory guarantees apply to certain goods and services, with exclusions for "recreational services" under section 139A. By signing this Waiver, you may be giving up your right to sue LuxJet Pty Ltd if you are killed or injured because the services were not in accordance with those guarantees. LuxJet Pty Ltd excludes its liability for death or personal injury from recreational services to the extent permitted by law.

10. Acknowledgment

By signing, I acknowledge that: (a) I have read and understood this Waiver; (b) I have had the opportunity to seek independent legal advice; (c) I am signing freely and voluntarily; (d) I am 18 years of age or older; (e) this Waiver applies to every visit unless a newer version is presented and signed; and (f) this Waiver is binding on my heirs, executors, and legal representatives.