Terms & Conditions
RISK ACCEPTANCE/WAIVER
TERMS APPLICABLE TO SURFING ACTIVITIES WITH SURFBETTER PTY LTD
In consideration of Surfbetter Pty Ltd ("Surfbetter") providing surf coaching and/or instruction services (“Program”) I acknowledge, understand and agree to the following conditions:
Definitions: References to Surfbetter include its owners, directors, licensees, sub-contractors, officers, employees, members, instructors, volunteers and/or agents. References to “claims” include any claims for any type of damages, compensation, costs (including legal costs), awards and/or any other form of loss and/or liability. References to “liability” include any liability in contract, for breach of any duty of care, under any legislation and/or under any other legal basis.
Physical Fitness and Medical Condition: I confirm and warrant that I am in good health and am fit and capable to surf and that any injury, disability, medical and/or health condition (whether past or current) which is relevant to me may increase the risk of me becoming injured or killed. I declare that I am medically and physically fit and able to participate in the Program and that I am not aware of any physical or medical reasons that may endanger my health during participation in the physical aspects of the Program. I agree that if I am suffering from any heart condition, have abnormal blood pressure, have a pre-existing injury, am pregnant, have osteoporosis or have any other medical condition which makes me vulnerable to injury, that I must not participate in the physical aspects of the Program, and that if I do so that it is solely at my own risk. I agree to notify Surfbetter immediately should I feel any pain, discomfort, fatigue, nausea or other symptoms that I may suffer during the Program. I consent to receive first aid and medical treatment by Surfbetter in the event of an accident, injury or illness during the Program.
Participation: I agree that my participation in surfing and practice activities is at my own discretion and that I will determine my suitability for such activities depending upon wave and weather conditions and other local factors as well as my medical condition, levels of fitness and surfing ability. I acknowledge that any direction, instruction or advice from Surfbetter is made in the interests of my safety and/or the safety of other surfers in the water nearby and that I must follow any such direction, instruction or advice.
Disclaimer: Surfing is inherently dangerous. Injury and/or death may result from water hazards (eg drowning, other surfers, moving surfboards with sharp parts) underwater hazards (eg reefs, currents, ocean floor) and marine life (eg sharks, sea snakes, stingers) and other risks which I may be exposed to during the Program. I understand and acknowledge the risks which are associated with surfing. I understand and accept that risk of injury participating in the Program is significant, including the potential for permanent injury and death. I have voluntarily read and understood this warning and accept these risks. I knowingly and freely assume all such risks, both known and unknown, and acknowledge that I am responsible for my own actions and omissions and for my own safety while attending the Program.
Waiver: I waive any and all claims I may have against Surfbetter which are due to the inherent risks associated with surfing and/or the Program.
Exclusions of Liability: I agree that Surfbetter has no liability to me for any:
Consequential and/or indirect losses;
Loss of profit, opportunity, business and/or enjoyment;
Distress and/or mental trauma;
Loss and/or damage to equipment and/or personal belongings; and/or
Acts and/or omissions of other individuals (apart from representatives of Surfbetter) participating in and/or associated with the Program.
Cap on Liability: I agree that Surfbetter’s total liability to me in relation to and/or connected with the Program as a whole (whether arising from separate claims and/or a series of linked claims) shall not exceed the amount payable by me to Surfbetter for the Program except this cap on liability shall be extended to the extent that any such liability is covered by any insurance of Surfbetter and such insurance pays out in respect of such liability. Details of Surfbetter’s insurance is available on request.
Indemnities: I agree to indemnify Surfbetter and keep Surfbetter indemnified against any and all:
claims by any third party (including but not limited to other participants in the Program) which arise as a result of my acts and/or omissions in connection with the Program; and/or
any loss and/or damage to equipment or property owned by and/or under the control of Surfbetter in relation to the Program which arises as a result of my acts and/or omissions (but excluding fair wear and tear).
Legal Restrictions on Limitations: The exclusions and/or limitations of liability in this document:
only apply to the maximum extent permitted by applicable law and the exclusions and/or limitations shall be deemed to be worded to take effect to the maximum extent permitted by applicable law; and
do not limit and/or exclude the liability of Surfbetter for any wilful acts and/or omissions of Surfbetter which are intended to cause loss and/or damage to myself and/or my property.
Privacy: I understand that the information provided by me in this document is necessary for the operation of the Program. I consent to Surfbetter collecting and using the information for the purposes of Surfbetter providing me with information pertaining to the Program and for any reasonably expected administrative purposes. I understand that I will be able to access my information through Surfbetter upon request. I acknowledge that if the information is not provided I might not be permitted to participate in the Program.
Language: This document is construed in accordance with the English Language and in case of any conflict between the English Language version of this document and any translation; the English Language version shall take precedence and shall prevail.
Law and Jurisdiction: This document is subject to the law of [Queensland, Australia] and both myself and Surfbetter submit to the exclusive jurisdiction of the courts of [Queensland, Australia] in relation to any claim and/or liability connected with this document and/or the Program.
COPYRIGHT & USAGE RIGHTS
© 2019 Ross Phillips. All rights reserved.
The surfbetter100 coaching matrix is protected by copyright. Any reproduction or communication without the owner's approval is illegal.
Surfbetter100 membership access and details may only be shared amongst immediate family members, but are not intended for commercial use or reproduction, unless under a specified licence agreement.
Surfbetter100 is a trade mark of Surfbetter Pty Ltd.
Last updated: 06/01/22
Surfing is difficult. We make it easy.
