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Terms & Conditions

Terms and Conditions for The Superyacht Club Pty Ltd Day Charter Events

1. General
The Participant warrants that The Superyacht Club Pty Ltd (ACN 677 936 257) (“Superyacht Club”) arranges and charters yachts ("Yacht") and that Superyacht Club relies on the Participant’s warranty that their health and their dependent’s health is suitable to be on the Yacht and to participate in the activities.

The Participant agrees to disclose any medical conditions, disabilities, allergies, or dietary restrictions that may affect its ability to safely participate on the Yacht at the time of booking.

The Participant assumes all risk and responsibility for its medical needs and its children (if applicable) and acknowledges that Superyacht Club is not responsible for the provision of medical treatment. In the event of a medical emergency, however, the Participant authorises Superyacht Club to act in good faith for its health and safety. The Participant assumes full financial responsibility for and releases Superyacht Club from any and all liabilities resulting from this authority.

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2. Limitation of Liability 

The Participant agrees that:

  1. Superyacht Club, its owners, agents, contractors and employees assume no responsibility for any injury, loss, or damage to person or property in connection with the Yacht;

  2. Superyacht Club is not responsible for any loss or theft of personal belongings, valuables, or any items left onboard the Yacht;

  3. it is liable for all of its medical costs in the event of a medical problem;

  4. to the maximum extent permitted by law, including the Australian Consumer Law (ACL), Superyacht Club makes no warranties or representations about the Yacht, including that the Yacht will be safe;

  5. some of the services are provided by third parties and that Superyacht Club can make no guarantee in relation to the third parties and Superyacht Club holds no liability to you as a result of any conduct of the contractors or agents or the misuse by any party; 

  6. it must abide by the third party’s terms and conditions at all times;

  7. it will follow the instructions or directions of Superyacht Club;

  8. Superyacht Club shall not be held responsible for any damage, loss, or delay;

  9. it agrees to assume all risks associated with the trip and that no liability will be attached to Superyacht Club  for any personal injury, illness, delay, loss, or damages to property or health;

  10. subject to those rights that cannot be excluded under the ACL, Superyacht Club’s liability for a breach of a non-excludable condition or warranty is limited, at its option, to the supply of equivalent services; the payment of the cost of replacing the services or of acquiring equivalent services; and

  11. in no circumstances are Superyacht Club or their contractors liable for any special, indirect, or consequential loss, even if you advise Superyacht Club of any special circumstances or such loss was reasonably foreseeable.

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3. Indemnity 

To the maximum extent permitted by law, the Participant agrees to indemnify us, and hold us harmless, against any liability suffered or incurred by us arising from or in connection with the Yacht. This indemnity is a continuing obligation, independent from the other obligations, and continues after the charter on the Yacht end. It is not necessary for us to suffer or incur any liability before enforcing a right of indemnity.

Participants agree to indemnify and hold harmless Superyacht Club, its affiliates, and its employees from any claims, damages, liabilities, and expenses arising out of or in connection with their participation in the Yacht and any related activities.

You agree to release, indemnify and hold us and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including lawyers’ fees) arising out of or in connection with: (i) your use of the services; (ii) your breach or violation of our rights; (iii) your violation of the rights of any third party (iv) any negligent act; (v) any damage, loss, or theft of any property belongings; and (vi) any personal injury or death caused or contributed to by any negligent, reckless, or wilful act or omission.

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4. Release of Claims

The Participant, individually, and on behalf of its heirs, successors, assigns and personal representatives, hereby indemnifies and releases Superyacht Club fully from any and all liability, claims, loss, suits, demands and damages, brought by the Participant (or and including by any third party as a consequence of any act or omission of the Participant) and covenants not to sue or cause to be sued in any judicial or administrative forum, or otherwise, Superyacht Club, its owners, agents, contractors, employees with respect to any and all matters relating to or arising from Participant's conduct (including acts and omissions) and participation.

It is understood and agreed that Superyacht Club shall in no way be deemed responsible for the operation or management of the Yacht and the Participant's participation on the Yacht will be solely at their own risk.

Further, should the Participant engage in any activities which involve a risk to person or property, it does so at its own risk and agrees that Superyacht Club shall in no way be liable for the Participant's actions, safety, loss and damage.


5. Safety and Water Activities
Participation in water activities including but not limited to swimming, kayaking, slides and jumping from the Yacht ("Water Activities") is entirely at the Participant's own risk. Participants must organise their own health insurance cover specifically for participating in Water Activities and the day yacht charter. The Superyacht Club is not responsible for any search and rescue costs that may arise as a result of a participant falling overboard or requiring rescue during Water Activities. Participants with any medical conditions or physical limitations that may affect their ability to participate in Water Activities must inform The Superyacht Club prior to the charter.

6. Alcohol and Food
Participants are required to engage in responsible drinking practices while aboard the Yacht. The Superyacht Club reserves the right to deny alcohol service to any Participant who appears to be intoxicated or is exhibiting irresponsible behaviour. Participants involved in any Water Activities are strictly prohibited from consuming alcohol.

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The Superyacht Club shall not be held liable for any adverse reactions or intolerances to alcohol or food consumed. Participants must only consume alcohol and food to designated areas only.


7. Shoes off Policy
Participants are required to remove their shoes before boarding the Yacht to help maintain cleanliness and prevent damage to the Yacht's interior.

8. Weather
(a) Cancellation by the Superyacht Club for inclement weather, safety, or any other reason is at our absolute discretion. In the unlikely event of cancellation, alternative dates suitable to both parties will be offered.

(b) If the weather conditions are deemed dangerous for boating Superyacht Club will use all reasonable endeavours to postpone and reschedule the Yacht to a suitable alternative date. You must book the rescheduled Yacht within 6 months of the original Yacht.

9. Photography and Media
The Superyacht Club reserves the right to photograph and record the Participant for promotional purposes. By participating on the Yacht, Participants grant the Superyacht Club permission to use their likeness, image, and voice in any promotional materials, including but not limited to brochures, websites, and social media platforms. Participants acknowledge that they will not receive any compensation for the use of their likeness in these materials and they waive any rights to inspect or approve the finished product or the promotional materials in which their likeness appears.

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10. Governing Law

The terms of this waiver are governed by the law of Victoria, Australia and you submit to the exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia.
 

11. Agreement

The Participant acknowledges that it has read this waiver and has had the opportunity to seek legal advice about the waiver and voluntarily accepts its terms and conditions. The Participant acknowledges that Superyacht Club relies on the Participant’s warranties contained in these terms and conditions.

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