Mooring Booking

Insurance: The Customer will, during the Term maintain, at its own cost and expense, adequate insurance for the Vessel, its contents and fittings with an insurer accredited by the Australian Prudential Regulatory Authority.
The policy of insurance referred to above must include:
a. Indemnity coverage for the total current market value of the Vessel, its content, and fittings.
b Indemnity coverage for removal of wreck.
c Indemnity coverage of at least $10,000,000.00 for:
d. Damage to other vessels.
e. Property.
f. Bodily injury.
g. Public liability.
h. If applicable, indemnity coverage for tiedown lines, attachments and lifting straps.

Cape Gloucester Resort may, at any time during the Term or at any time after the termination of this Agreement, require the Customer to produce a copy of the relevant certificate of insurance;

A copy of either a policy of insurance or letter from an insurer confirming that adequate insurance coverage is held by the Customer (such policy of insurance or letter to be in the English language) shall be provided by the Customer to the Cape Gloucester Resort upon the execution of this Agreement by the Customer. Acknowledgements:

The Customer hereby agrees and acknowledges that:
Cape Gloucester Resort or representatives have not provided the Customer with any advice, warranty and/or representation as to the sufficiency, safety or adequacy of the Moorings or any of the services provided by Cape Gloucester Resort for use at the Resort or the Mooring Facilities.

The Customer has conducted their own research and obtained their own advice in respect of the sufficiency, safety or adequacy of the Moorings and any of the services provided by Cape Gloucester Resort and this Agreement and that it has not relied on any advice, warranty or representation made by the Cape Gloucester Resort or any of its representatives as to the sufficiency, safety or adequacy of the Moorings and/or services provided by Cape Gloucester Resort or this Agreement when entering into this Agreement;

The Customer hereby acknowledges and agrees that the Vessel is moored at the Customer’s own risk and Cape Gloucester Resort will not be responsible for any loss or damage to the Vessel, its contents or fittings how so ever caused including, but not limited to, by reason of any theft, accident or Force Majeure.

The Customer acknowledges and agrees that it utilises the Moorings and Facilities at its own risk and that Cape Gloucester Resort is not responsible for any injury or loss sustained by the Customer, its agents, crew, guests, visitors or contractors, or for any loss or damage of any description to the Vessel, the contents of the Vessel or any other property owned by the Customer that may be present on or in the Moorings and/or Facilities for any reason whatsoever, including, but not limited to, by reason of any theft, accident or Force Majeure.

Indemnity: The Customer whether or not it is the owner of the Vessel, indemnifies and agrees to keep indemnified the Cape Gloucester Resort, owners, employees and contractors against any and all claims, demands, actions and proceedings whatsoever and howsoever arising directly or indirectly by, through or in connection with the mooring, launching, occupation or moving of the Vessel or the use by the Customer or its crew, guests, visitors, invitees or licensees, of any the Moorings and/or Facilities; The Customer, whether or not it is the owner of the Vessel, indemnifies and agrees to keep indemnified, Cape Gloucester Resort, owners, employees and contractors, in respect of any and all loss, damage, cost, expense or claim or injury (fatal or non-fatal) to person or property (including the Vessel) or liability, including legal fees incurred by the Cape Gloucester Resort on a full indemnity basis, whatsoever and howsoever arising and suffered either by the Cape Gloucester Resort, owners, employees and contractors or the Customer’s crew, guests, visitors, invitees or licensees or any of them or any other person or persons whatsoever by, through or in connection with the mooring, launching, occupation or moving of the Vessel or any consequential use of the Mooring and/or the Facilities; Should Cape Gloucester Resort or its owners, employees and/or contractors suffer, incur or become liable for or should demand be made on Cape Gloucester Resort or its agent, employees and/or contractors for any loss, damage, costs, expenses or liability including legal fees, whatsoever by reason of any act or omission on the part of the Customer or the Customer’s invitees, agents, employees, crew, guests, visitors or licensees, or any person for whose actions the Customer is vicariously liable, Cape Gloucester Resort or its owners, as the case may be, shall be entitled to a lien upon the Vessel and its equipment and contents as security for performance of the Customer’s obligations under this Agreement and may, at the Customer’s own expense, detain the Vessel until the Customer’s obligations under this Agreement have been satisfied in full or to the satisfaction of Cape Gloucester Resort or the Customer has offered reasonably acceptable substitute security to the satisfaction of Cape Gloucester Resort; The Customer acknowledges and agrees that Cape Gloucester Resort, owners, employees and contractors will not be liable in negligence or otherwise for any injury, loss or damage sustained or suffered by the Customer or any crew, guests, visitors, invitees or licensee of the Customer in or about or while crossing over or going through the Facilities and/or Moorings any other property for the purpose of gaining access to the Vessel, the Moorings, and/or the Facilities and the Customer hereby indemnifies and agrees to keep indemnified Cape Gloucester Resort, its owners, employees and contractors from any and all claims, loss, damage and costs (including legal costs on a full indemnity basis) incurred by Cape Gloucester Resort arising from such injuries, loss or damage.