LITTLE FROTHERS SURF SCHOOL WAIVER AND AGREEMENT

 

RELEASE OF LIABILITY, WAIVER, AND ASSUMPTION OF RISK AGREEMENT

CAUTION: DO NOT SIGN THIS DOCUMENT WITHOUT READING IT

IN ITS ENTIRETY AND CAREFULLY. BY SIGNING THIS DOCUMENT, YOU GIVE UP IMPORTANT LEGAL RIGHTS! SURFING IS AN ATHLETIC ACTIVITY, THE PARTICIPATION IN WHICH INVOLVES VARIOUS RISKS. PLEASE READ AND UNDERSTAND THIS DOCUMENT.

THIS IS A LEGAL DOCUMENT. MY SIGNATURE IS MY ACKNOWLEDGMENT OF THE CONTENTS OF THIS CONTRACT. I WILL NOT SIGN THIS DOCUMENT UNLESS I FULLY UNDERSTAND AND AGREE TO BE BOUND BY ITS CONTENTS.

 

I as the adult/guardian agree for my son/daughter OR myself named in this booking, or being an adult for the minor(or a minor on whose behalf a parent or legal guardian is signing this document) (hereafter “I” or “me”), acknowledge that:

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I Know How To Swim And To Maintain Buoyancy In Open Water, And I Am In Good Health: My swimming skills are above those of a novice and I can maintain my head above water when my feet do not make contact with the bottom for extended periods of time.

Likewise, I am in good physical and mental health, I am not under the influence of any drugs, alcohol, or other substances which may impair my swimming skills or my ability to take and follow instructions. I am not pregnant nor am I suffering from any spinal or skeletal defect, hearing, vision or balance impairment or other physical impairment. I understand that the foregoing representations as to my physical condition are being relied upon by Little Frothers Surf School. I hereby agree to follow all rules, regulations, and instructions of Learn in Little Frothers Surf School while participating in this class, lesson, or while using equipment from Little Frothers Surf School.

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There is a condition called Myelopathy that can result in paralysis below the waist.  It is extremely rare and appears to result when the spine is arched.  It is not conclusive who may be affected, although cases have been in adults.  Prior to onset, legs may feel weak, there is back or leg pain or discomfort, possible tingling may occur with the discomfort and pain intensifying.  Any of these symptoms should be immediately reported to the surfing instructor during the surf lesson. 

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I Acknowledge That Surfing May Be Dangerous and I Accept And Assume Such Risk: I am aware that open water activities in general, and in surf specifically, involves inherent risks. I may damage my belongings, get hurt, get injured, become ill, drown, or even die.

I further acknowledge that I have voluntarily chosen to use equipment or take surfing lessons from Little Frothers Surf School, or if the individual taking such lessons or using equipment is a minor, I have, as the minor’s parent or legal guardian, voluntarily consented to such minor taking of such lessons, or using equipment. I know and fully understand that water sports in and around surf are dangerous outdoor activities in an uncontrolled natural environment with inherent risks and hazards, where serious accidents can occur, participants can sustain property damage, injuries, illness and even die. I acknowledge and willingly and voluntarily assume all risks and hazards in surf and beach related activities in all phases of these activities from the training sessions until the conclusion of the class, lesson, or equipment lesson period, including, but not limited to those involving:

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1. loss of control of the surfboard or other equipment, malfunction of the surfboard or other equipment, falls from the surfboard or other equipment, collision with other participants, equipment, other surfboards, rocks, and any other man made or natural obstacles, whether obvious or not;

2. judgment, decision making and conduct of the instructors;

3. submersion in water, drowning;

4. encounters with animals, marine life, plant life, rocks and insects;

5. exposure to outdoor ocean environment, bacteria or microbes, extreme temperatures, sun, and inclement weather, including travel by foot or vehicle in any way related to this activity;

6. assistance in lifting and/or carrying surfing equipment; gym/training equipment rescue related injuries;  

7. unavailability of immediate and appropriate medical attention in case of injury.
    

I understand and acknowledge that the above list is not meant to be complete or exhaustive;

that other unforeseen and unanticipated risks, known or unknown, may also exist and result in damage, injury, illness, disease, or death.

 

I Waive My Right To Sue Little Frothers Surf School: In consideration for Little Frothers Surf School agreeing to provide me with Equipment/training or surfing instructions and/or allowing me to participate in this class or lesson, I agree that I

• shall not make a claim or bring any action against, sue, or hold responsible, the City of Gold Coast, its employees and other agents, Little Frothers Surf School, its owners (including Cory Moore), officers, agents, employees, associates, representatives, (referred to collectively in this agreement as “Little Frothers Surf School”) or expect, require, or pursue them, to be held accountable for any damages.

• I voluntarily agree to release, discharge, and hold harmless Little Frothers Surf School from and against any and all claims of liability, even those arising out of their negligence, fault, recklessness, or any other act or omission which causes me damages, property damage, illness, personal injury, disease, or death, of any nature in any way connected with my participation in this activity.

• I also expressly agree to release and discharge Little Frothers Surf School from any act or omission, excluding acts of wanton or gross negligence, in rendering or failing to render any type of rescue, emergency or medical services.
   

Indemnity: I further agree, to hold harmless, defend, and indemnify Little Frothers Surf School and the City of Gold Coast from all defence costs, including attorney’s fees incurred in connection with any claims arising from the activities anticipated herein, including but not limited to those for bodily injury, wrongful death, or property damage, whether caused by or

sustained by any minor under 18 years of age or adult or/on whose behalf I am signing, or which I may have caused to spectators or other third parties, whether negligent or not, in the course of my participation in this activity. In the event of any actions, regardless of where venue lies, any such actions shall be filed in the State Court of Queensland or New South Wales.

 

Permission to Obtain Medical Assistance: In the event of any injury, illness, emergency, accident or other harm sustained by me (or by the minor on whose behalf I am signing this document), I hereby give Little Frothers Surf School permission to obtain Medical Assistance, in which event I hereby make the same releases and waivers in Little Frothers Surf School favour as I have otherwise made in this agreement in connection with any such medical assistance sought or not sought. In addition, the expenses for any such medical emergency shall be my sole responsibility and not that of Little Frothers Surf School.

 

I HAVE READ THIS DOCUMENT IN ITS ENTIRETY AND IT IS MY INTENTION THAT IT BE BROADLY CONSTRUED IN FAVOR OF LITTLE FROTHERS SURF SCHOOL IN THE EVENT OF ANY AMBIGUITIES, WHICH SHALL BE RESOLVED IN LITTLE FROTHERS SURF SCHOOL FAVOUR. I UNDERSTAND THAT I AM ASSUMING ALL THE RISKS INHERENT IN THIS SURFING ACTIVITY, AND THAT I MAY BE INJURED, BECOME ILL, OR EVEN DIE AS A RESULT OF SURFING. I UNDERSTAND THAT THIS IS A RELEASE OF ANY AND ALL CLAIMS. I UNDERSTAND THAT THIS IS THE ENTIRE AGREEMENT BETWEEN ME/ THE PARENT/GUARDIAN OR ADULT FOR( LITTLE FROTHERS SURF SCHOOL), AND THAT NO REPRESENTATIONS HAVE BEEN MADE TO ME BY LITTLE FROTHERS SURF SCHOOL OUTSIDE OF THIS AGREEMENT. I VOLUNTARILY SIGN MY NAME BY CLICKING IN THE BOX PROVIDED AS EVIDENCE OF MY ACCEPTANCE OF ALL THE PROVISIONS IN THIS RELEASE AND MY AGREEMENT TO BE BOUND BY THEM

 

THIS WAIVER WHEN CLICKED ON THIS WEBSITE AND BOOKING IS PAID IS IN CONJUNCTION TO THIS WAIVER FORM I AGREE WITH THESE TERMS AND CONDITIONS.