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WAIVER & RELEASE FORM

 

Candice Land ABN 28 559 617 627 trading as The Female Surfer (the Business) undertakes the provision of services which include workshops, online consultations, pre-recorded personalised training and tutorials, lessons and coaching programs which focus on assisting Client’s with skills, conditioning training, knowledge and techniques for surfing (the Program). The Client must acquaint themselves with the risks associated in participating in the Program provided by the Business and read, understand and agree to be bound by this waiver and release. Any Client under the age of 18 years of age must also have the permission of a parent or legal guardian who agrees to be bound by this waiver and release.

 

  1. I warrant that all information I provide to the Business, including any information I provide upon registering for the Program and information provided in any pre-program screening questionnaires (if applicable) with the Business is complete, up to date and accurate. I agree to inform the Business promptly if there are any changes to the information provided. I acknowledge that any changes to the information provided may affect the Program being provided by the Business.

 

  1. I agree to abide by the instructions, rules and regulations made or given by the Business and its agents, employees, officers, contractors, directors, affiliates, successors and assigns, coaches, teachers and trustees (the Personnel), while participating in the Program.

 

  1. I agree to indemnify the Business and its Personnel against all claims made against the Business and its Personnel in respect of any injury, loss or damage suffered in connection with my failure to comply with the Business and its Personnel’s instructions, rules and/or regulations.

 

  1. I understand that the Program, in which I will participate in are inherently dangerous and may cause serious or grievous injuries, including bodily injury, damage to personal property and/or death. On behalf of myself, my heirs, assigns, administrators, executors and next of kin, I waive all claims of damage, injuries and death sustained to me or my property, that I may have against the Business and its Personnel to such a Program, including claims in tort, contract, equity or otherwise.

 

  1. I acknowledge, agree and represent that I am in good health and in proper physical condition to participate in such activities. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the activity.

 

  1. I acknowledge and agree that there are dangers associated with the consumption of alcohol or any mind-altering substances and I declare that I will not be under the influence of alcohol or any mind-altering substances while participating in the Program.

 

  1. I acknowledge, agree and understand that participating in the Program requires major physical movements that may result in injury, both serious and/or disabling which is always inherently present and cannot be eliminated or avoided. I accept full responsibility for all injuries and damage sustained as a result of participating in the Program and I agree that if at any time I experience any pain, discomfort, Injury and/or believe conditions to be unsafe, I will immediately discontinue further participation in the Program.

 

  1. I voluntarily assume any and all risks and take full responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur, if the Program is provided online or at a designated premises (including the Client’s premises) and any equipment (including home exercise equipment) or usage of any household items used when participating in the Program, are acknowledged by the participant to be used at their own personal risk and all claims of liability as to damage to personal property is waived to the full extent permitted by law.

 

  1. This waiver and release contains the entire agreement between parties, and supersedes any prior written or oral agreements between them concerning the subject matter of this waiver and release. The provisions of this waiver and release may be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties.

 

  1. The provision of this waiver and release will continue in full force and effect even after the termination of the Program conducted by and/or for the benefit of the Business and its Personnel, whether by agreement, by operation of law, or otherwise.

 

  1. I have read, understood and fully agree to the terms of this waiver and release. I understand and confirm that by either signing or selecting/clicking ‘I Accept’ or ‘I Agree’ at the tick box for this waiver and release, I certify that I have voluntarily accepted and agree to be bound by this waiver and release and unconditionally release the Business and its Personnel from all future liability to the greatest extent allowed by law.

 

I certify that I am 18 years or older and I have read, understood and fully agree to the terms of this Waiver and Release.

OR

I am a parent or guardian of the Client to this Waiver and Release and accept personal responsibility to ensure that the Client complies with this Waiver and Release, and also accept to rectify any failure of the Client to comply with this Waiver and Release.

 

I also accept all responsibility for any injury, loss, damage or illness that may arise with the Client’s participation of the Program. I indemnify and will keep indemnified the Business and its Personnel against all claims made against the Business in respect of any injury, loss or damage suffered by the Client in connection with the Program.

 

By selecting the tick box and/or continuing to use The Female Surfer services, I have understood, I Accept and I Agree to be bound by the terms of this waiver and release OR as a parent or guardian of the Client (a) I agree to the above for myself and on behalf of the Client and (b) I indemnify and will keep Indemnified any person or body directly or indirectly associated with the conduct of the exercise on the terms referred to.