Risk Warning and Liability Waiver
The Participant acknowledges and agrees that the use of a Fliteboard eFoil (Fliteboard) and the activity organised or conducted by Electrofoil Pty Ltd t/as Water Sports Central ABN 45 625 436 688 (Company, we, us, or supplier) is in the nature of an “extreme sport” and as such, has inherent dangers and risks, including risk or personal injury or death to the Participant. The Participant acknowledges that the use of a Fliteboard is dangerous with many inherent risks and hazards, including but not limited to crashing, falling off the Fliteboard, slipping, falling, losing balance, colliding with other persons, equipment or another object of physical feature, falling on hard or otherwise uneven surfaces, other people or their equipment and as a consequence personal injury (including spinal injury) and sometimes death can occur.
You voluntarily assume and accept all such risks. To the fullest extent permitted by law, you agree to waive and exclude all of your legal rights of action against us and you fully release and indemnify us for any loss, damage, personal injury or death you may suffer or sustain howsoever arising out of or in relation to your use of a Fliteboard and / or participation in the activities conducted or organised by or on behalf of us including without limitation, liability for any negligent or tortious act or omission, breach of contract of breach of statutory duty by us, our directors, employee or agents.
You further acknowledge and agree that you undertake the activity freely, voluntarily and absolutely at your own risk and with a full appreciation of the nature and extent of all risks involved in the activity.
You warrant that you are 18 years of age or over, physically fit and do not have any pre-existing physical, medical or other conditions which might impair your ability to safely use a Fliteboard or could be impacted or exacerbated by your use of a Fliteboard.
For participants in New South Wales, the following paragraphs apply:
- Under the Australian Consumer Law, several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier is required to ensure that the recreational services supplied to you –
- are rendered with due care and skill; and
- are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
- might reasonably be expected to achieve any result you have made known to the supplier.
- You understand and agree that by signing this document, we exclude our obligation to provide you these consumer guarantees in relation to our provision of the recreational service.
- You understand an acknowledge that by signing this document, our liability is excluded in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) and recreational activities (as that term is defined in the Civil Liability Act 2002 (NSW) for death physical or mental injury, contraction of a disease or aggravation of any physical condition that may be suffered by you resulting from the supply of recreational services or recreational activities. The change to your rights, as set out in this document, do not apply if your death or injury is due to gross negligence on our part.
- By signing this document, you acknowledge, agree, and understand that participation in the recreational services provided may involve risk. You agree and undertake any such risk voluntarily and at your own risk. You also acknowledge that the risk warning above constitutes a ‘risk warning’ in accordance with relevant legislation, including the Civil Liability Act 2002 (NSW).
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.
Note: The change to your rights, as set out in the form does not apply if your death or injury is due to gross negligence on the supplier’s part. “Gross” negligence, in relation to an act of omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulation 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
Acknowledgement: This document binds the Participant and his or her executors and we will rely on this document. The Participant has read, understood and agrees to the terms of this document.