TRUE BLUE FISHING CHARTERS PTY LTD (CAN 642 002 293) TRADING AS TRUE BLUE FISHING CHARTERS TERMS AND CONDITIONS 1 Definitions In these Terms and Conditions the following definitions apply: ‘Agreement’ means these Terms and Conditions. ‘Booking’ means the booking made by the Customer, for the Charter or the booking to which the Customer belongs, for True Blue Fishing to take them on a fishing charter at a specific date and time. ‘Charter’ means the charter of the vessel the subject of the Booking. ‘Customer’ means any person part of the Booking by the Customer. ‘Deposit’ means 50% of the cost of the Booking to be paid at the time of booking, unless otherwise agreed between True Blue Fishing and the Customer in writing. ‘Disclaimer’ means the document titled “Disclaimer and Waiver of Liability” of True Blue Fishing Charters. ‘Fee’ means the total amount payable by the Customer to True Blue Fishing for the Booking and provision of the Services. “Manifest’ means the book on the Charter on which the Customer must list their name and any medical conditions upon boarding. ‘Parties’ means True Blue Fishing and the Customer. ‘Private Charters’ means Bookings in which only the Customer and others part of their Booking are present. ‘Services’ means the services provided by True Blue Fishing to the customer throughout the course of the Booking, including but not limited to chartering a vessel for deep-sea fishing activities, supplying equipment for deep-sea fishing activities, and gutting and cleaning fish caught by the Customer. ‘Shared Charters’ means Bookings in which other customers not part of the Customer’s Booking are present. ‘True Blue Fishing’ means True Blue Fishing Charters Pty Ltd (ACN 642 002 293) trading as True Blue Fishing Charters. 1 Deposit 1.1 The Customer must pay to True Blue Fishing the Deposit in full to secure the Booking of the Charter. 1.2 The Customer acknowledges and agrees that they may lose the Booking in the event the Deposit is not paid in full at the time of making the Booking. 1.3 Unless otherwise required by law, otherwise provided in this Agreement, or agreed in writing by the Parties, the Deposit is not refundable. 2 Fees 2.1 The Customer agrees to pay to True Blue Fishing the Fees (including any Deposit) plus GST as quoted for the Booking. 1 2.2 The Customer agrees that full payment of any outstanding Fees must be made prior to the departure time of the Booking. This includes the Fees for any other customer in the Booking that does not attend for any reason. 2.3 In the event the Fees for the Booking are not paid in full prior to the departure time of the Booking, the Customer and other Customers in the same Booking shall not be permitted to board the vessel allocated for the Booking, and the Deposit for the Booking is forfeited. 2.5 In the event that the Customer requests additional Services to be provided by True Blue Fishing, the Customer agrees that those additional Services may incur additional fees and charges, in addition to those originally set out for the Booking, as agreed in writing by the Customer and True Blue Fishing. 2.6 In the event that: (a) the Customer’s card used for the Booking is cancelled or has insufficient funds to process the Booking fee; and/or (b) any card used to make the Booking and/or pay the Fee is charged back by the bank issuing the card for any reason; the Customer and/or accompanying customers in the Booking are still liable to pay all Fees due and owing pursuant to this Agreement, and any unpaid Fees shall be treated as a debt owed to True Blue Fishing. 2.7 Should it become necessary for True Blue Fishing to enforce any term of this Agreement either through legal representation, collection agency, or directly through a small claims Court, then the Customer agrees that it shall pay all reasonable legal fees, agency fees, court costs, and other reasonable collection costs. 3 Conditions of entry to vessel for Booking The Customer acknowledges and agrees: (a) It is a condition of entry that the Customer complete the required information in the Manifest upon boarding the Charter; (b) By boarding the Charter and/or signing the Manifest the Customer agrees to be bound by this Agreement and the terms of the Disclaimer; (c) True Blue Fishing cannot guarantee that the Customer will catch any fish during the Booking; (d) The Customer is only entitled to a refund pursuant to clause 6.1, and for no other reason other than as required by law; (e) all charters are subject to minimum and maximum passenger numbers; (f) the Customer may be denied access to the vessel for the Booking where they are: (i) (ii) (iii) not wearing enclosed shoes; intoxicated; and/or acting in a manner contrary to clause 4.4; (g) the Customer may bring their own alcohol and food onto the Charter, however: 2 (i) only persons over the age of eighteen (18) years will be permitted to drink alcohol on the Charter, however the Customer agrees that True Blue Fishing shall not be required to monitor nor be liable for any consumption of alcohol by any minor Customer; (ii) (iii) (iv) while alcohol such as beer, wine, cider, and mixers are permitted on board (in cans or plastic only, no glass), spirits or liqueurs of any kind are not permitted; no glass of any kind is permitted on the vessel (whether containing drinks or food) as this poses a safety risk to the Customer and others; and the Customer must drink in moderation and not to the point of intoxication, True Blue Fishing cannot be held liable for any excessive consumption of alcohol; (h) the Customer must arrive no later than twenty (20) minutes prior to the departure of the Booking, failing which: (i) (ii) the chartered vessel for the Booking will depart without the Customer; and clauses 5.6 and 5.7 will apply to the Customer’s Booking; (i) by boarding the vessel chartered for the Booking, the Customer agrees to be bound by all terms of the Disclaimer and this Agreement; (j) charters are not recommended for children under the age of seven (7) years due to safety risks associated with deep-sea fishing, and True Blue Fishing reserves the right to refuse entry to any Customer under the age of seven (7) years at its absolute and sole discretion; (k) children accompanying the Customer under the age of fourteen (14) years must be supervised by that Customer at all times, and on the basis outlined in the Disclaimer; (l) Bookings with unaccompanied minors over the age of fourteen (14) but under the age of eighteen (18) may be accepted at True Blue Fishing’s sole and absolute discretion, and in those circumstances those unaccompanied minors assume full responsibility for their actions, inactions, or breaches of this Agreement. Any unaccompanied minor over the age of fourteen (14) years shall ensure that their parent or legal guardian have consented to the terms of this Agreement and the Disclaimer; (m) the Customer assumes all liability and responsibility for any and all actions and inactions of, or loss and damage caused by, for Customers under the age of eighteen (18) under their supervisions, and on the basis outlined in the Disclaimer. 4 Obligations of the Customer General obligations 4.1 The Customer agrees that by making and proceeding with the Booking, they have read and agree to by bound by the terms of this Agreement and Disclaimer. Alcohol, Drugs, Smoking and Behaviour 4.2 The Customer acknowledges and agrees that they must: (a) drink any alcohol on board in moderation, and that True Blue Fishing has the right to restrict or stop alcohol consumption during the Booking at its sole and absolute discretion; and (b) not smoke cigarettes or e-cigarettes, vape, and or use narcotics and/or illicit drugs of any kind (including but not limited to medicinal marijuana) during the Booking. 3 4.3 Smoking cigarettes, e-cigarettes, and vaping, may be permitted on Private Charters provided no other customer in the Booking objects and at True Blue Fishing’s absolute and sole discretion. 4.4 The Customer must not behave in an unruly, rude, obnoxious, violent, or unsafe manner throughout the course of the Booking. 4.5 True Blue Fishing may, at its sole and absolute discretion, refuse entry to the vessel to the Customer in the event they are in breach of clauses 4.2 and 4.4 of this Agreement. 4.6 A determination by True Blue Fishing (including but not limited to its staff, agents, contractors, and representatives) that a Customer is intoxicated, affected by narcotics or illicit drugs, or behaving in a manner contrary to clause 4.4, before, during, or after the Booking, is a final determination not capable of review or challenge by the Customer. 4.7 Nothing in clause 4.2 imposes a positive obligation or duty of care to the Customer on True Blue Fishing to prevent the Customer from getting intoxicated, consuming narcotics or illicit substances, or imparts any liability on True Blue Fishing for any loss or damage suffered by the Customer or others due to the Customer’s intoxicated state before, during, or after the Booking. 4.8 If the Customer during the Booking: (a) breaches clause 4.2 by becoming intoxicated, smoking, or consuming narcotics or illicit drugs; and/or (b) breaches clause 4.4 and conducts themselves in an unruly, rude, obnoxious, violent and/or unsafe matter; and as a result of the Customer’s conduct True Blue Fishing is obliged to return to shore to remove the Customer from the Charter, the Customer: (c) forfeits the entire fee for their Booking; (d) is liable to pay to the Company the full cost of all other customer’s Bookings which are terminated early due to the Customer’s conduct and any other loss and damages incurred by True Blue Fishing as a consequence of that behaviour; and (e) is not entitled to a refund unless a circumstance contemplated by clause 6.1(a), (c) or (d) also applies. 4.9 The Customer will be liable for True Blue Fishing’s reasonable legal costs of enforcing clause 4.8(d). 5 Cancellations, non-attendance, and rescheduling Rescheduling by Customer 5.1 If a request is made in compliance with the minimum notice period outlined in clause 5.4, True Blue Fishing will take all reasonable steps to arrange a suitable re-booking date with the Customer, accounting for True Blue Fishing’s charter, staff availability, and operational requirements. 5.2 If a request to reschedule the Booking is made by the Customer within the minimum notice periods outlined in clause 5.4, acceptance of that request is at True Blue Fishing’s sole and absolute discretion. 5.3 The Customer must reschedule the Booking within two (2) years of the original booking. If the Booking is not rescheduled within that time, the Customer forfeits all rights to reschedule the Booking ad any fees already paid for the original Booking. 5.4 The Customer must provide the following days’ notice if they wish for the Booking to be rescheduled: 4 (a) minimum seven (7) days’ notice of the Booking date for Shared Charters; and (b) minimum fourteen (14) days’ notice of the Booking date for Private Charters. Cancellation by Customer 5.5 To the extent permitted by law: (a) a request by the Customer to cancel the Booking is to be determined by True Blue Fishing at its sole and absolute discretion; (b) in the event the Customer attempts to cancel the Booking but that request is not accepted by True Blue Fishing or required by law, the Customer authorises our client to charge the Customer’s card used to make the Booking, any Gift Card used, the full Fee at True Blue Fishing’s sole and absolute discretion. Non-attendance by Customer 5.6 In the event the Customer does not attend the Booking: (a) the Booking is considered forfeited by the Customer; and (b) any outstanding Fee for the Booking remains due and payable. 5.7 In the event of non-attendance by the Customer to the Booking, the Customer authorises True Blue Fishing to: (a) charge any outstanding Fee for the Booking to the card used for the Deposit; and/or (b) charge any outstanding Fee for the Booking to the Gift Card used, or intended to be used, for the Booking. Cancellation and rescheduling of Booking by True Blue Fishing 5.8 True Blue Fishing may cancel the Booking at its sole discretion for: (a) inclement weather pursuant to clause 7 of this Agreement; (b) for Shared Charters, insufficient numbers of other customers booked for the same charter as the Customer’s Booking; and (c) any other unforeseen circumstances. 5.9 In the event True Blue Fishing cancels the Booking pursuant to clause 5.8, True Blue Fishing will take all reasonable steps to reschedule a suitable re-booking date with the Customer, accounting for True Blue Fishing’s charter, staff availability, and operational requirements. 6 Refunds 6.1 To the extent permissible by law, True Blue Fishing will not refund, exchange, or redeem for cash any Fee or Deposit made to it for the Booking, unless: (a) agreed by True Blue Fishing in writing; (b) an event contemplated by clause 4.8 occurs, and the event was not caused or contributed to by the Customer; (c) the Booking is cancelled pursuant to clause 7 of this Agreement due to inclement weather; 5 (d) the Booking is cancelled pursuant to clause 5.8 of this Agreement. 6.2 Clause 6.1 applies to all Bookings, including but not limited to any Booking paid for via Gift Card or arranged through a third party agent. 6.3 For the avoidance of doubt, refunds will not be given because the Customer suffers from seasickness during the Booking. 6.4 Where the Customer made the Booking directly with True Blue Fishing, the Customer must contact True Blue Fishing to request and arrange any refund within two (2) years of the Booking. 6.5 Where the Customer made the Booking through a third party, the Customer must contact that third party to request and arrange any refund. 7 Inclement weather 7.1 True Blue Fishing may cancel any Booking at its sole and absolute discretion if it is of the opinion that proceeding with the Booking would be unsafe due to inclement weather (including but not limited to strong winds, large swells, or other unsafe conditions). 7.2 In the event True Blue Fishing cancels the Booking due to inclement weather, True Blue Fishing will take all reasonable steps to arrange a suitable re-booking date with the Customer, accounting for True Blue Fishing’s charter, staff availability, and operation requirements. 7.3 In the event that the Booking has commenced but True Blue Fishing ends a Booking early due to inclement weather, True Blue Fishing may, at its sole discretion, provide a partial refund on a pro rata basis based on the amount of time left for the Booking. 8 Gift Cards 8.1 Gift Cards purchased from True Blue Fishing are valid for three (3) years from the date of issue, upon which it shall expire and not be usable (“Expiration Date”). The Expiration Date cannot be extended. 8.2 Gift Cards intended to be used for a Booking must be used at the time of making the Booking. Gift Cards cannot be used to pay any fees owed under the Booking at any other time. 8.3 Gift Cards and non-refundable and cannot be exchanged for cash, unless otherwise required by law. 8.4 Lost or stolen Gift Cards must be reported to True Blue Fishing. 8.5 The use of a Gift Card is subject to this Agreement, and any terms and conditions listed on the Gift Card. True Blue Fishing reserves its rights to amend this Agreement and the terms and conditions on the Gift Card without notice to the Customer. 8.6 If any terms and conditions on the Gift Card conflict with this Agreement, the terms and conditions on the Gift Card shall prevail. 8.7 Where a Booking booked with a Gift Card is cancelled or rescheduled pursuant to clauses 5.8 or 7 of this Agreement, the Gift Card will remain valid for rescheduling only within two (2) years of the cancelled or rescheduled Booking. 9 Warranties 9.1 To the extent permissible by law, True Blue Fishing makes no representations, whether express or implied, as the merchantability, condition, durability or fitness for purpose for which the Services are used. 6 9.2 To the extent that any warranty is made, the sole and exclusive remedy for breach of any warranty is that True Blue Fishing refund the cost of the Booking. 9.3 The warranties contained herein shall not be read or applied so as to purport to exclude, restrict or modify the application in respect to the supply of goods or services pursuant to these Terms of Trade of any or all of the provisions of the Competition and Consumer Act 2010 (Cth) (“CCA”) or any other statute of any state or territory of Australia which by law cannot be excluded or modified. 10 Limitation of Liability 10.1 Except as provided for in this Agreement, True Blue Fishing makes no representation of any kind, express or implied with respect to the delivery of the Services. 10.2 True Blue Fishing’s liability is limited pursuant to the admissions, acceptances, and content, set out in the Disclaimer. 10.3 True Blue Fishing shall not be held liable for: (a) any loss or damage to persons, personal property, or of a financial nature, caused due to the actions or inactions of the Customer, customers under the age of eighteen (18) under their supervision, or another customer of the Booking; (b) any other thing mentioned in this Agreement and the Disclaimer as not being the liability of True Blue Fishing, or as being the sole liability of the Customer; and (c) any loss or damage incurred through services provided by third-parties on the Charter, including but not limited to any catering services provided. 10.4 The Customer agrees to indemnify, defend and hold harmless True Blue Fishing, its related entities, shareholders, agents, affiliates, employees, directors and officers, from any and all liability, claim, loss damage, demand or expense (including reasonable legal costs) asserted by any third party due to, arising from, or in connection with any breach by either party of the terms of this Agreement and the Disclaimer. This includes, without limitation, any representation or warranty contained herein, any fraudulent conduct committed or negligence by either party, all liabilities related to the Services, any investigation or government claim, and/or any intellectual property claims associated with any and all copy and images supplied by either Party and its associated use thereof. 10.5 To the extent permitted by law, no action arising under or relating to this Agreement, regardless of its form, may be brought by either Party more than twelve (12) months after the cause of action has accrued and in any event, no later than twelve (12) months after the provision of Services, except for an action for non-payment brought by True Blue Fishing, to which the relevant statutory limitation of Queensland period applies. 10.6 To the maximum extent permitted by law, True Blue Fishing and its representatives expressly exclude liability for any damage and/or delay in the performance of any obligation of True Blue Fishing under this Agreement where such damage or delay is caused by circumstances beyond the reasonable control of True Blue Fishing, including but not limited to acts of god. The Customer acknowledges and agrees that True Blue Fishing holds the benefit of this clause 10.6 for itself and as agent and trustee for and on behalf of its representatives. 10.7 If Australian Consumer Law or any other legislation implies a condition or warranty into this Agreement in respect of the Services supplied, and True Blue Fishing’ liability for breach of that condition or warranty may not be excluded but may be limited, True Blue Fishing’ liability for such breac