JETFUN GUIDED TOURS: PARTICIPATION AGREEMENT & INDEMNITY
Indemnification Statement and Policy
PARTIES
Parker Riley (trading as JetFun), including his employees, agents, and assigns (the "Operator").
The undersigned participant (the "Participant").
BACKGROUND
The Participant wishes to hire a personal watercraft (Jet Ski) or participate in a guided tour operated by the Operator. The Participant acknowledges that this is an adventure activity with inherent risks.
SECTION 1: OPERATIONAL POLICIES & SAFETY STANDARDS
By participating, you agree to adhere to the following standards and policies.
Jet Ski Tour Operation Policy: Age and Medical Conditions
Age Requirements
- Operators: All jet ski operators must be at least 18 years of age and posess a valid driver's license.
- Passengers: Passengers must be at least 8 years old and able to fit securely into the provided life jackets.
- Maximum Age: Participants must be 65 years of age or younger to ensure physical capability and safety.
Medical Conditions
- General Health: All participants must certify that they are in good physical health and capable of moderate physical activity.
- Prohibited Participation: Individuals with the following conditions are not permitted to participate:
- Heart conditions or recent cardiovascular surgeries.
- Severe back, neck, or joint issues.
- Respiratory conditions, including severe asthma.
- Epilepsy or other conditions causing sudden loss of consciousness.
- Pregnancy: Pregnant individuals are not permitted to participate due to the risk associated with high-speed watercraft and wave exposure.
Screening and Compliance
- Waiver and Acknowledgment: All participants must complete and sign a liability waiver that includes acknowledgment of risks and verification of meeting the age, health and condition requirements.
- Identification: Participants must present a valid photo ID to verify age eligibility.
- Guide's Final Decision: Our guides reserve the right to assess the participant's fitness for the activity on-site and refuse service regardless of the conditions set above. The guide's decision is final and binding to ensure the safety of all participants.
This policy is designed to ensure the safety and enjoyment of all participants. Compliance with these guidelines is mandatory.
JetFun Code of Conduct for Jet Ski Tour Participants
At JetFun, safety, enjoyment, and respect are our top priorities. To ensure a positive experience for everyone, all jet ski tour participants including operators and passengers are required to adhere to the following Code of Conduct:
General Behavior
- Respect Others: Treat other participants, staff, and any nearby individuals with courtesy and respect.
- Follow Instructions: Comply with all instructions provided by JetFun staff, including tour guides and safety personnel.
- Be Punctual: Arrive on time for your scheduled tour to avoid delays.
Safety Requirements
- Life Jacket Requirement: All participants must wear a life jacket at all times while on the water.
- Prohibited Substances: The use of alcohol or drugs before or during the tour is strictly prohibited.
- Health and Fitness: Participants must disclose any medical conditions that could affect their ability to safely participate in the tour.
Jet Ski Operation
- Operate Responsibly: Follow all safety rules, including maintaining a safe speed and distance from other jet skis, boats, and objects.
- Stay with the Group: Do not stray from the designated tour route or leave the group without the guide's approval.
- Avoid Reckless Behavior: Refrain from stunts, racing, or any other hazardous activity.
Environmental Respect
- Protect Marine Life: Do not disturb or harm marine life or their habitats.
- Avoid Littering: Dispose of all trash properly, and do not throw any items into the water.
Consequences of Violations
Participants who violate any part of this Code of Conduct may:
- Be given a warning or asked to correct their behavior immediately.
- Be removed from the tour without a refund if the behavior is deemed unsafe or disruptive by JetFun staff.
- Be held liable for damages.
We are committed to creating a safe, enjoyable, and memorable experience for everyone. By participating in a JetFun tour, you agree to abide by this Code of Conduct.
Refund Policy
At JetFun, we strive to provide the best possible experience for our customers. However, we understand that plans can change. Please review our refund policy carefully:
- Cancellations Made More Than 10 Days Before the Scheduled Tour: Full refund (100%) of the booking amount will be issued for cancellations made more than 10 days (240 hours) prior to the scheduled tour start time.
- Cancellations Made Within 10 Days but More Than 48 Hours Before the Scheduled Tour: A partial refund of 60% will be issued for cancellations made between 10 days (240 hours) and 48 hours prior to the scheduled tour start time.
- Cancellations Made Within 48 Hours of the Scheduled Tour: No refund will be provided for cancellations made less than 48 hours (2 days) prior to the scheduled tour start time.
- Tours Cancelled by JetFun: A full refund (100%) will be issued if the tour is canceled by JetFun due to adverse weather conditions, safety concerns, or any other operational reasons.
Revoked Participation Due to Non-Compliance with Policies or Code of Conduct
- Participants who are unable to join the tour because they do not meet JetFun's stated age requirements, health condition policies, or other safety-related eligibility criteria will not be refunded.
- Additionally, participants who are removed from the tour due to violations of JetFun's participant code of conduct (e.g., unsafe behavior, disregard for staff instructions, or actions endangering themselves or others) will not be refunded.
Important Notes:
- Refunds will be processed to the original payment method within 7-10 business days.
- We recommend contacting us as early as possible if you need to make changes or cancellations.
- To request a cancellation and/or refund, please email your request to our customer support team at tours@jetfun.nz
SECTION 2: TERMS OF AGREEMENT & LIABILITY
1. RISK DISCLOSURE
The Participant acknowledges that the Activity involves significant inherent risks that cannot be entirely eliminated. These include, but are not limited to:
- Environmental: Sudden weather changes, rough water, hidden underwater obstacles, and collision with marine life.
- Operational: Collision with other vessels and/or objects, capsizing, entrapment, and mechanical failure.
- Physical: Impact injuries, drowning, and hypothermia. The Participant freely accepts and fully assumes all such risks, and the possibility of personal injury, death, property damage, or loss resulting therefrom.
2. RULES, AUTHORITY, AND AGE WARRANTY
The Participant warrants and agrees to the following:
a) Age Requirement: The Participant confirms they are 18 years of age or older to operate the Jet Ski.
b) Authority of the Master: The Guide is the designated "Master" of the vessel/tour under the Maritime Transport Act 1994. The Participant agrees that the Master's judgment regarding safety, speed, and weather conditions is final.
c) Sobriety: The Participant warrants they are not, and for the duration of the Activity will not be, under the influence of alcohol or drugs.
d) Termination: The Operator reserves the right to terminate the tour immediately without refund if the Participant fails to follow instructions or any part of this Agreement.
e) Consent to Screening: The Participant agrees that the Operator reserves the right to request a non-invasive breath alcohol test if a staff member has reasonable cause to suspect impairment. The Participant acknowledges that a positive result, or a refusal to submit to such a test, will be treated as a breach of the "Sobriety" warranty. For the avoidance of doubt, the Operator is not obligated to conduct such a test, and the Guide’s visual assessment and judgment regarding safety remains final as per Clause 2(b) above.
3. PERSONAL INJURY (ACC ACKNOWLEDGMENT)
The Participant acknowledges that:
a) Personal injury in New Zealand is covered by the Accident Compensation Scheme (ACC).
b) Under the Accident Compensation Act 2001, the Participant is generally barred from suing for compensatory damages for personal injury.
c) The Participant agrees that the Operator shall not be liable for any personal injury or death arising from the Activity, to the maximum extent permitted by law.
4. LIABILITY AND INDEMNITY (FINANCIAL RESPONSIBILITY)
4.1 Business Purpose Exception
If the Participant is acquiring these services for the purposes of a business, the Participant acknowledges that the Consumer Guarantees Act 1993 is excluded in full, and the Operator shall have no liability whatever for any loss, damage, or injury.
4.2 Participant's Liability for Damage & Loss of Revenue
WARNING: ACC does not cover property damage. The Participant agrees to reimburse the Operator for losses caused by the Participant's negligence (lack of care), recklessness, or failure to follow instructions. This liability includes:
a) Damage to the Vessel: The full cost of repairing or replacing the Jet Ski or equipment.
b) Loss of Use (Revenue): The Operator's loss of booking income while the equipment is out of service for repairs (calculated at the Operator's standard daily hire rate).
c) Recovery Costs: All costs involved in retrieving the vessel.
Note: The Participant is not liable for damage resulting from mechanical failure or ordinary wear and tear, provided they were following instructions.
4.3 Indemnity
The Participant agrees to indemnify and defend the Operator from and against all claims, losses, damages, and expenses (including legal costs) arising out of:
a) The Participant's negligence, recklessness, or misuse of equipment;
b) Any damage caused by the Participant to any Third Party or their property.
5. GENERAL PROVISIONS
a) Severability: If any provision is found to be invalid, it shall be severed, and the remainder shall remain in force.
b) Jurisdiction: This agreement is governed by the laws of New Zealand.
SECTION 3: DECLARATIONS & ELECTRONIC SIGNATURE
UNIFIED PARTICIPANT AND GUARDIAN DECLARATION
By proceeding with this booking or applying my electronic signature below, I hereby declare, confirm, and agree to the following:
- Personal Agreement: I am signing this agreement on my own behalf. I confirm I am 18+ years old (if operating the vessel). I have read, understood, and agree to be bound by the Liability, Indemnity, Code of Conduct, and Operational Policy sections above. I understand I am financially liable for damage and lost revenue if I act negligently.
- Guardian Agreement (If Applicable): If I am the named guardian for a minor passenger, or if I am signing on behalf of any other participant for whom I have legal responsibility, I certify that I am the legal guardian/parent of said individual(s). I accept all terms of this agreement on their behalf and I agree to indemnify the Operator for any claims related to their participation.
Version: v2025.22
