Terms And Conditions
In consideration of Organisers accepting my application to participate in the Program, I acknowledge, understand and agree that:
1.Organisers for the purposes of this declaration means the Coach and includes, where the context so permits, Surfing Australia Ltd (“SA”), SA affiliated state surfing associations and their respective directors, officers, members, servants or agents. “Program” relates to the program being offered by the school.
2. Warning: Participating in the Program can be inherently dangerous. I understand the nature and requirements of the Program and the exposure to certain risks including, not but limited to, surfing equipment, surf conditions, unpredictable sea and weather, and property damage. I acknowledge that serious accidents can and often do happen which may result in serious injury or even death. This can include contracting a condition known as surfer’s myelopathy. This is an extremely rare non-traumatic injury causing paraplegia which is paralysis below the waist caused by hyperextension of the back. I have read and understood this warning and accept and assume the inherent risks in participating in the Program.
3. Physical Fitness: I must not participate in the Program if I have any injury, disability, medical or health condition that may increase the risk of me becoming injured unless otherwise authorised to participate by the Organiser. I declare that I am medically and physically fit and able to participate in the Program and I will immediately notify the Organisers of any change to my fitness and ability to participate. I understand and accept that SA will continue to rely on this declaration as evidence of my fitness and ability to participate.
4. Instructions: I will, at all times, comply with the instructions and safety procedures of the Organisers. I understand this is for the safety of myself, other participants and the Organiser. If I have any concerns or questions, I will respectfully request further information from the Organiser.
5. Medical Treatment: If required, the Organisers will arrange medical or hospital treatment (including ambulance transportation, first aid and CPR) for me. I authorise such actions being taken by the Organisers or authorised representatives and agree to meet all costs associated with such action.
6. Release & Indemnity: My participation in the Program is entirely at my own risk and I agree to:
(a) Release and forever discharge the Organisers from all liability and Claims that I may have or may have had but for this release arising from or in connection with my participation in the Program;
(b) Indemnify and hold harmless the Organisers to the extent permitted by law in respect of any Claim by any person including but not only another participant in the Program arising as a result of or in connection with my participation in the Program.
7. Rights to use of image: I consent to have photographs or visual images taken of me by the Organisers of my participation in the Program. I consent for this my image, likeness and performance content to be used for general promotion of the Organisers’ activities on any form of media.
8. Privacy: I consent for my information to be used, disclosed and stored, where it will only be used for the objects of the Organisers and to provide me with information pertaining to the activities of the Program and the Organiser. I understand that my information provided by me in this form is necessary for the operation of the Program. If this information is not provided, I may not be permitted to participate in the Program. I understand that I will be able to access my information through the Organiser’s upon request.
9.Exclusion of Implied Terms: I acknowledge that where I am a consumer of recreational services, as defined by any relevant law, certain terms and rights, usually implied into a contract for the supply of goods and services may be excluded. I acknowledge that these implied terms and rights and any liability of the Organiser flowing from them, are expressly excluded to the extent possible by law, by the participation declaration. To the extent of any liability arising, the liability of the Organiser will, at the discretion of the Organiser, be limited to the resupply of the services or the payment of the cost of having the service supplied again.
10. Prevailing Conditions: I acknowledge and agree that
(a) The Program can and will be affected by weather and surf conditions; and
(b) The Organiser cannot control weather patterns, and these may change without warning;
(c) The Program can be cancelled or postponed due to unsuitable weather or other factors that are beyond the control of the Organiser; and In this event, the Organiser will make all possible attempts to rectify this situation and to communicate with participants of these changes.
11. Acceptance: I acknowledge to act in a behaviour that is in accordance with the Organisers’ values of inclusiveness and respectfulness towards all people and the environment.
12. Right to declare negligence: I understand that I have a right to report practices of the Surf School or Coach which I believe place participant safety at risk or are neglectful to the wellbeing of the general public.
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