IN FAVOUR OF: GOLD COAST MARINE CENTRE PTY LTD ABN 15 094 136 866 (“
Operator”) 1 Boatworks Drive, Coomera QLD 4209 and 199 Beattie Road, Coomera, Queensland 4209
In consideration of the Operator permitting the Signatory to access the Gold Coast Marine Centre (“Complex”) (including staying on the Vessel whilst at the Complex, if agreed by the Operator), the Signatory:
1. indemnifies and will keep indemnified the Operator from and against all claims, damage and loss of any nature (collectively “Claims”) which may be asserted against or suffered or incurred by the Operator arising from, connected with or in any way related to:(a) the Signatory’s use of the Complex, and use or performance of works on the Vessel;(b) any accident, damage or loss to property or injury or death to persons sustained at the Complex caused or contributed to by any act, omission, negligence or default of the Signatory;(c) the failure to comply with the rules and regulations pertaining to the Complex and the directions of the Operator at all times.
2. unconditionally releases the Operator from, and agrees that the Operator is not liable for any Claims arising from, connected with or in any way related to:
a) any of the matters referred to in clause 1;
(b) any accident, damage or loss to property or injury or death to persons sustained at the Complex however caused, including but not limited to any damage, loss or injury caused or contributed to by any act, omission, negligence or default of the Operator, its employees or agents.
3. must pay to the Operator the cost of repairing and making good any damage to the Complex caused by or as a result of any act or omission by the Signatory.
4. acknowledges that, if the Signatory is:
(a) the owner or is the person primarily entrusted with the Vessel - the Vessel, all property which may be on the Vessel and all other property of the Signatory;
(b) a person other than the owner or the person primarily entrusted with the Vessel - all property of the Signatory (whether or not on the Vessel); are at the sole risk of the Signatory.