Risk Warning & Waiver
RISK WARNING AND WAIVER AGREEMENT
I and/or my dependent wish to participate in a surfing lesson (the “Lesson”) with Hawks Nest Surf School as indicated on this website and booking system. In consideration of Hawks Nest Surf School accepting my registration form to undertake the Lesson, I acknowledge, agree, and confirm that:
Surfing is inherently dangerous: by participating in the Lesson, I acknowledge that I may be exposed to certain risks including but not limited to physical hazards, unpredictable and sometimes dangerous surf and weather conditions and actions of other people and things in and near the water. I acknowledge that accidents can and often do happen which may result in me being injured, killed and/or my property being damaged. I have voluntarily read and understood this warning and accept and assume the inherent risks in participating in the Lesson.
Surfing requires me to be physically fit: I must not participate in the Lesson if I have any injury, disability, medical or health condition that may increase the risk of me becoming injured unless I have told Hawks Nest Surf School about it and they have authorised me to participate. I declare that I am medically and physically fit and able to participate in the Lesson and I will immediately notify Hawks Nest Surf School of any change to my fitness and ability to participate. I understand and accept that Hawks Nest Surf School will continue to rely upon this declaration as evidence of my fitness and ability to participate in the Lesson.
Safety Instructions: I will always comply with Hawks Nest Surf School’s instructions and safety procedures during the Lesson.
Medical Treatment: if I am injured or otherwise require medical attention during a lesson, Hawks Nest Surf School will arrange medical or hospital treatment (including ambulance transportation) for me. I authorise Hawks Nest Surf School to take these actions if required and I agree to meet all such associated costs.
Intoxication: I have not consumed any alcohol or mind-altering substance, or medication that may impact my judgement or physical capacity, before or at the time of engaging in the Lesson.
Waiver of implied terms: I acknowledge that this agreement pertains to the provision of recreational services (as defined by the Australian Consumer Law (the “Act”)), and, as such, the provisions of Section 60 and 61 of the Act and any similar State legislation (which provide for an implied warranty that services be rendered with due care and skill and that any material supplied in connection with those services will be reasonably fit for purpose) can be excluded, and are excluded from this agreement in so far as they relate to liability for death, physical or mental injury caused by the Lesson.
Release and Indemnity: my participation in the Lesson is entirely at my own risk and I agree to the extent permitted by law to:
(a) release and hold harmless Hawks Nest Surf School, its employees, and agents from and against any liability arising out of any injury, loss, damage, or death caused directly or indirectly by my participation in the Lesson other than where the injury, loss, damage, or death was caused directly and solely by the negligence of Hawks Nest Surf School, its employees or its agents; and
(b) indemnify and hold harmless Hawks Nest Surf School, its employees and agents from all Claims arising because of my participation in the Lesson. In this clause 7, “Claims” includes any action, suit, proceeding, claim, demand, damage, cost, or expense however arising including, but not limited to negligence.
Limitation of Liability: without prejudice to any other provision of this agreement, to the extent of any liability arising, the liability of Hawks Nest Surf School will (in Hawks Nest Surf School’s sole discretion) be limited to the resupply of the Lesson or a refund in respect to the cost of the Lesson.
Privacy: I acknowledge that information provided by me in connection with this agreement may be used for the objects of Hawks Nest Surf School including to provide me with information pertaining to the Lesson. I understand that I will be able to access my information through Hawks Nest Surf School upon request. If any information requested by Hawks Nest Surf School is not provided, I might not be permitted to participate in the Lesson
Governing Law: This document is governed by the law of New South Wales and each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of New South Wales.