Boat Adventurer Liability Waiver
BOAT SHARING LIABILITY WAIVER, RELEASE OF LIABILITY & INDEMNITY AGREEMENT Buoyly.io Marketplace Platform | Australia
⚠ IMPORTANT — PLEASE READ CAREFULLY BEFORE SIGNING This is a legally binding document. By signing below, you waive significant legal rights including the right to sue. If you do not understand any part of this agreement, seek independent legal advice before signing.
1. Parties to This Agreement This Liability Waiver, Release of Liability and Indemnity Agreement ("Agreement") is entered into between:
Platform Buoyly.io, an online marketplace platform facilitating peer-to-peer boat Sharings ("Buoyly", "we", "us", "the Platform") Sharer The individual identified in the signature block below ("Sharer", "you", "your") Boat Owner The individual or entity listing and providing the boat for Sharing via the Platform ("Owner")
2. Description of Activity The Sharer wishes to share a privately owned recreational vessel ("Boat") via the Buoyly.io marketplace platform for recreational purposes on Australian waterways. The Sharer acknowledges that boating involves inherent risks including but not limited to: drowning, collision, capsizing, personal injury, and death.
3. Acknowledgement of Risks The Sharer acknowledges and accepts the following risks associated with boat Sharing and operation: • Unpredictable weather and sea/waterway conditions • Risk of capsizing, sinking, or vessel malfunction • Collision with other vessels, structures, rocks, or submerged objects • Personal injury or death to the Sharer or passengers • Damage to or loss of personal property • Third-party property damage or personal injury claims • Exposure to sun, wind, cold water, and other environmental hazards • Risks arising from the Sharer's own negligence or inexperience The Sharer confirms they are physically and mentally capable of operating or safely occupying a recreational vessel.
4. Owner Responsibilities & Compliance The owner agrees to: • Hold all required boating licences or certifications as required under applicable Australian state or territory law • Comply with all applicable maritime laws, waterway regulations, and rules of the road at sea • Operate the Boat in a safe and responsible manner at all times • Not operate the Boat under the influence of alcohol, drugs, or any substance that impairs judgement • Ensure all passengers wear life jackets/personal flotation devices where required by law • Not exceed the vessel's stated passenger or weight capacity • Report any accident, incident, or damage to Buoyly.io immediately • Not allow unauthorised persons to operate the Boat
5. Release of Liability To the maximum extent permitted by law, the Sharer hereby releases, discharges, and covenants not to sue Buoyly.io, its directors, officers, employees, agents, contractors, and the Boat Owner (collectively "Released Parties") from any and all claims, demands, losses, damages, costs, and expenses (including legal costs) arising out of or in connection with: • The Sharing, use, or operation of the Boat • Any accident, injury, illness, death, or property damage occurring during the Sharing period • Any act or omission of the Sharer or any passenger • Any defect, malfunction, or unseaworthy condition of the Boat This release applies whether or not such claims arise from the negligence of the Released Parties, except to the extent that liability cannot be excluded under the Australian Consumer Law or other applicable legislation.
6. Indemnity The Sharer agrees to indemnify and hold harmless the Released Parties from and against any claims, actions, proceedings, losses, damages, costs, and expenses (including reasonable legal fees) brought by any third party arising from or in connection with the Sharer's use of the Boat or breach of this Agreement.
7. Role of Buoyly.io as Marketplace Platform The Sharer acknowledges and agrees that: • Buoyly.io is a technology platform only and is not the owner, operator, lessor, or insurer of any vessel listed on the Platform • Buoyly.io does not inspect, warrant, or guarantee the condition, seaworthiness, or fitness for purpose of any vessel • The Sharing agreement is between the Sharer and the Boat Owner only • Buoyly.io's liability is limited to the platform service fees paid, to the maximum extent permitted by law
8. Insurance The Sharer acknowledges that: • They are responsible for ensuring adequate personal insurance coverage for the Sharing activity • The Boat Owner's insurance may not cover damage caused by the Sharer • Buoyly.io strongly recommends the Sharer obtain their own personal accident and liability insurance prior to the Sharing • Buoyly.io does not provide insurance coverage to Sharers
9. Damage & Costs The Sharer accepts full financial liability for: • Any damage caused to the Boat during the Sharing period as a result of the Sharer's misuse, negligence, or breach of this Agreement • The cost of any salvage, towing, or emergency services required as a result of the Sharer's actions • Any fines, penalties, or infringements incurred during the Sharing period • Third-party property damage or personal injury costs arising from the Sharer's use of the Boat
10. Governing Law This Agreement is governed by the laws of the state or territory of Australia in which the Sharing takes place. Any disputes arising under this Agreement will be subject to the exclusive jurisdiction of the courts of that state or territory.
11. Severability If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
12. Entire Agreement This Agreement constitutes the entire agreement between the parties with respect to the subject matter herein and supersedes all prior discussions, representations, and agreements.
SHARER ACKNOWLEDGEMENT & SIGNATURE
By signing below, I confirm that: • I have read and fully understand this Agreement • I am 18 years of age or older • I am signing this Agreement voluntarily and without duress • I accept all terms and conditions set out in this Agreement
Boat Adventurer Liability Waiver