Steve Williamson's Trout Fishing Adventures
CONDITIONS OF BOOKING
Our business is concerned with teaching you, or guiding you, in fishing and the last thing you probably feel like doing is reading about the risks and signing forms. Our obligations these days however require us to tell you of the possible risks and dangers involved in the seemingly harmless sport of fishing, so please take time to read this form carefully and to understand the same. If you still feel you are prepared to take responsibility for yourself and/or those under your care, whilst undertaking this fishing tour or instructive course, then we can continue on the tour/continue with the booking.
Should you feel unsure or worried about any of the items explained below, then it is best if you consider another activity and that you withdraw now. We endeavour to reduce the risks to you as much as we humanly can. Fishing should be a comparatively “low risk” activity. Nevertheless there are a number of risks of physical injury you will take, if you go fishing on the water or go into in the Australian bush. These include:-
1. Fish Hooks/Lures/Flies - All fish hooks and fishing implements are capable of inflicting serious injury, especially when around a thrashing fish, whilst casting or retrieving or freeing any snag. We recommend eye protection, at least in the form of strong polaroid sunglasses, which are handy for fishing anyway. If you do not have them we can supply them at no extra cost.
2. Treacherous terrain - Most tours involve wadding in rivers or lakes with slippery mud or rock bottoms and walking through bush land or farmland. There are often rabbit, wombat holes, tussocks. Some terrain is steep and slippery. Risk of injury from stumbling, falling and tripping is always present. You must watch your footing and always wear strong footwear, like hiking boots or sturdy thigh waders. Gumboots are not recommended.
3. Snakes, spiders etc - Poisonous creatures exist in all fishing spots, remember this is the Australian bush. Waders and full length clothing (including thick socks where appropriate) provide protection against bites. Nothing is better however than careful observation while walking or fishing.
4. Sunburn - any outdoor activity involves risk of sunburn. There can be affects from strong light even on cloudy days. Follow Anti-Cancer Council guidelines, regardless of the forecast weather. Hats, sunscreen and sunglasses are essential.
5. Strains and Sprains - some people find constant casting, bending and crouching causes muscular and other discomfort or injury, particularly in the legs and back. You must exercise your judgment to ensure you stop fishing (or never start) as soon as you feel you risk injury. If you do feel any twinge or you are uncomfortable you must stop immediately and inform us. Often when wadding a river with sudden underwater drop offs or strong currents extra care must be taken. If you are unsure at all do not do it. Do not take risks. Notify the guide of your concern at any point even if before setting off. If you have concerns about your capacity then the guide will opt for safer fishing locations. The guide is relying on you to inform him of any particular concerns or difficulties. You must inform the guide before the tour starts if you cannot swim.
6. Water and Boats - a lot of our fishing is done from a NSW Waterways Surveyed Vessel. Every effort has been made to make this vessel as safe as it can be under NSW Waterways Regulations for a 2E surveyed vessel. It is necessary for you to obey all of the Captain’s commands. The master of the vessel must under law take all reasonable measures to supervise and control all passengers. You must heed the Master’s direction. You must remain seated whilst underway. There is no smoking and no alcohol on the boat or on tours at any time. On occasions there are weather changes, storms or other potentially dangerous conditions. Always request a life jacket if you cannot swim or consider the conditions dangerous or on alpine waters. If in doubt wear your life jacket. You must always put on your life jacket if instructed by the Master/Guide.
7. Alcohol /Drugs - Alcohol consumption must be confined to the end of the day when driving, fishing and walking are completed. You need your wits about you at all times whether on the water, wadding streams, fishing on lakes or dams and when driving/walking in and out of locations. Alcohol consumption greatly increases the risk of injury in any fishing related activity. Please note that we reserve the right to refuse to tour with any person that we believe is under the influence of alcohol or drugs. Any payment made in advance will be forfeited, as it is not our fault that the person should turn up intoxicated.
8. Medical conditions - If you suffer from any medical condition that you feel could in some way increase your risk of suffering and event or accident while fishing, please notify the guide prior to making a deposit. If you have problems tell us. Whilst we retain the right not to take a person fishing should we consider that they are putting themselves in danger, (and we do rely on you telling us your medical or other conditions) we will always try to tailor fishing activities to your capacity. We can cope with people, even those with disabilities, as long as we are informed in advance and tailor fishing locations and/or activities to your individual limitations. We reserve the right to limit or restrict activities based on your known restrictions regardless of your acceptance of the risk.
9. Dress - Warm, weatherproof clothing should always be taken and worn where necessary. We do not undertake to supply clothing. We can help with a request should you have any difficulty. Please advise in advance if you anticipate requiring something that we may be able to assist with. We also recommend that you bring a full change of clothing just in case you should accidentally fall in the water or get wet and/or cold. Your guide has many years experience in fishing and in the Australian bush. Please note that although he/she is trained in First Aid, he/she has no paramedical training.
Finally before signing -
The above list is not exhaustive and if you do not feel completely comfortable about accepting responsibility for yourself, please do not continue with this fishing tour.
(a) Always check that you are covered for a NSW Angling Licence. You may be covered whilst on tour but otherwise licences are freely available from fishing tackle stores and the Department BCD
I acknowledge that I have been given a risk warning with the terms of Section 5M of the Civil Liabilities Act 2002 (NSW) and that this form contains a Waiver in terms of Section 5N of that Act.
I acknowledge and agree that due to the nature of the activity, it would be unreasonable for the guide or the Company to be in any way responsible for any injury or death. To the full extent permitted by law the Client waives all of his/her legal rights of action against and fully releases the guide/Company for loss or damages for injury or death however arising out of or in relation to the participation by me in the activities conducted or organised by the guide/Company including, without limitation, liability for any negligent or tortious act or omission, breach of duty, breach of Contract or breach of Statutory Warranty on part of the guide or the Company, its office bearers, Directors, employees or agents. In the case of the person who is incapable or who is a minor the execution of this form by a parent or legal personal representative is accepted as a risk warning to the person concerned and the execution by such parent or legal personal representative is a waiver by the person concerned.
The following refund policy has been endorsed by both Consumer Affairs
and the Australian Competition & Consumer Commission:
Please choose carefully when booking tours.
We don’t normally give refunds if you simply change your mind or make a wrong decision.
You may choose between an exchange of tour type (should you be booking for someone else and they didn't like the choice of tour type) or exchange for 'shop goods credit note'.
If for some reason you are unable to make the tour date due to illness etc, you may be able to change dates, however it is subject to a transfer fee of 20%. NO refund is given if cancelled less than 14 days before, especially during a holiday period or public holiday weekend.