READ ALL PAGES and initial each of these provisions before deciding whether to participate, observe, purchase or begin training for, or using any products, or participate, under instruction as a participant at any activities and events managed and organised by Hydrofoil Academy Australia Pty Ltd located at 2 Vickery Ave, Rose Bay NSW 2029.
Signing this document results in your giving up valuable legal rights to sue coaches & instructors the organisers and directors of Hydrofoil Academy Australia Pty Ltd as Christoph Doerfel, Gavin Blake, the Woollahra Sailing Club, its managers and members and shareholders, landowners, leasing parties of land & properties, facilities or anyone responsible for the conditions of the properties, facilities, or any equipment used, or any other person or organization for any loss, injury, or death you may suffer as the result of participation, usage, training, equipment purchased or otherwise obtained, or supervision even if it is the result of negligence or even gross negligence.
WARNING! Surf towing, Hydro Foiling, Windsurfing, Wingfoilig, WingDinging or any other related water sportsare high-risk sports in which sprains, breaks and injury are common, as is the risk of death.
In consideration of the activity/event/lesson/private lesson, Christoph Doerfel, Gavin Blake allowing me as a participant to utilize facilities, purchase, lease, rent, borrow, or otherwise obtain goods and/or services, and/or participate in surf foiling, hydro foiling, wingfoiling it is agreed that:
I HAVE CAREFULLY READ THIS AGREEMENT AND RELEASE OF LIABILITY, FULLY UNDERSTAND ITS CONTENTS AND IMPLICATIONS, AND SIGN IT OF MY OWN FREE WILL. I AM GIVING UP VALUABLE LEGAL RIGHTS TO SUE Hydrofoil Academy Australia Pty Ltd, the two directors Christoph Doerfel, Gavin Blake any CERTIFIED OR NON CERTIFIED INSTRUCTORS, COACHES AND/OR INSTRUCTORS OR PARTIES ENGAGED BY Hydrofoil Academy Australia Pty Ltd FOR ANY DAMAGES THEY MAY SUFFER AS A RESULT OF DEFENDING ANY ACTION BROUGHT AGAINST THE WOOLLAHRA SAILING CLUB OR THEM OR BEING LIABLE TO ANY THIRD PERSON IN CONNECTION TO MY AFORESAID ACT OR OMISSION.
1. ASSUMPTION OF RISK:
1.1 I am fully aware that participation in HYDRO FOILING, WING FOILING, SURFING, WING FOILING and all associated activities are calculated, high risk activities that contain inherent risks and dangers (including serious injury or death) that no amount of care, caution, instruction, or expertise can eliminate. I voluntarily and freely choose to incur any and all such risks and dangers. By signing this document I acknowledge that I understand the scope, nature and extent of the risks involved in the activities contemplated by this agreement.
1.2 I further know that the sports of HYDRO FOILING, WING FOILING, SURFING, WING FOILING are extreme tests of a person’s physical and mental limits, that there are risks involved which are unknown to me and that there are risks involved which are not even foreseeable. I recognize that injuries resulting from participation in HYDRO FOILING, WING FOILING, SURFING, WING FOILING are common and ordinary occurrences.
1.3 I further acknowledge that the risks and dangers are constantly changing and are numerous and not limited to, equipment failure, changing and unpredictable weather conditions, sudden weather changes, sudden terrain changes, collisions with other speedriders, speedflyers, skiers, skydivers, paragliders, pilot error, negligence of instructors, operators, and other participants, and therefore, al the risks cannot be set out as examples in this document.
2. EXEMPTION FROM LIABILITY:
I, my heirs, executors, administrators or assigns or the participants or my estate hereby indemnify and hold harmless, now and in the future,
2.1 Christoph Doerfel & Gavin Blake the organisers and the appointed coaches, instructors, employees, contractors, agents, successors, or assigns, from any and all liability, claims, actions, and causes of action, whatsoever, arising out of any damage, loss, inclusive of my personal injury, my bodily injury, my death, and any damage to my property and/or any other personal or financial injury or loss, while upon the premise or in or around power boats, marine vehicles, motor units, HYDRO FOILING, WING FOILING, SURFING, WING FOILING tow launch systems of any type, harnesses, or other vehicle, whether stopped or in motion, while participating in group coaching, private lessons, demonstrations, training, HYDRO FOILING, WING FOILING, SURFING, WING FOILING or any other activity, directly, or indirectly, contemplated by this agreement, including all associated activities, for example transportation, whether such loss, damage or injury results from the negligence or gross negligence, either active or passive, of any of the aforementioned people or entities.
3. TERMS OF USE OF EQUIPMENT AND INSTRUCTION
3.1 I agree to pay for all damages to or loss of equipment belonging to the Hydrofoil Academy Australia Pty Ltd resulting from my use, whether damage is intentional or unavoidable.
3.2 I understand that I am paying for introduction and guidance in the sports of HYDRO FOILING, WING FOILING, SURFING, WING FOILING. I AM NOT RECEIVING ANY RECOGNISED LICENCE OR QUALIFICATION IN ANY OF THE ABOVE MENTIONED SPORTS. I recognise Hydrofoil Academy Australia Pty Ltd is not a registered training organisation.
4. HEALTH AND FITNESS
4.1 HYDRO FOILING, WING FOILING, SURFING, WING FOILING are a strenuous physical and mental activity.
4.2 I confirm that I am mentally and physically capable or participating in HYDRO FOILING, WING FOILING, SURFING, WING FOILING activities, and declare that I have no existing medical condition that would prevent me from participating in these activities.
5. CANCELLATION OF POLICIES AND COST OF RESCUE AND MEDICAL ATTENTION
5.1 I acknowledge that I am aware of the fact that my participation in these HYDRO FOILING, WING FOILING, SURFING, WING FOILING activities may result in the cancellation of any policies I may have, inter alia, medical aid, policies over my life, retirement annuities, or any other insurance polices.
5.2 I authorize the organizer of Hydrofoil Academy Australia Pty Ltd lessons, coaching, private lessons, events, Christoph Doerfel, Gavin Blake, coaches, instructors, other employees, contractors and agents to call for medical care for me or to transport me to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. I agree that upon my transport to any such medical facility or hospital that not any of the aforementioned people shall have any further responsibility for me.
5.3 Further, I agree to pay all costs associated with such medical care and related transportation provided for me and shall indemnify and hold harmless the organizers of Pro Water Sports lessons, coaching, private lessons, events, Christoph Doerfel, Gavin Blake, coaches, instructors, other employees, contractors and agents of and from any costs incurred therein.
6. THIRD PARTY LIABILITY
I declare that, if, as a result of my negligence, or willful misconduct, anyone suffers personal injury, death or financial injury, I hereby indemnify Pro Water Sports lessons, coaching, private lessons, events, Christoph Doerfel, Gavin Blake, coaches, instructors, other employees, contractors and agents for any damages they may suffer as a result of defending any action brought against them or being liable to any third person in connection with my aforesaid act or omission.
7. JURISDICTION
I agree that this agreement shall be governed by the laws applicable to Australia, South Wales and all disputes and matters arising from and incidental to this agreement shall be litigated on in the appropriate courts in New South Wales to the exclusion of the courts of any other country.
This Personal Injury Waiver (the "Waiver") is made by the undersigned for the purpose of utilizing the services, facilities and premises managed and occupied by Hydrofoil Academy Australia Pty Ltd (the "Company"), with the location at 2 Vickery Ave, Rose Bay NSW 2029 and in the acknowledgment that in the utilization of the premises and facilities of the Company, occupies risk of personal injury that may arise or happen at any time. In consideration of the Company allowing the undersigned to make use of the venue and its facilities and equipment for the relevant purpose by which the Company allows, the undersigned agrees to assume the foreseeable and unforeseeable risk of personal injuries related to the activity, and agrees to release, discharge, and hold harmless the Company, its owner(s), employees, contractors and volunteers free from any and all liabilities, claims, cause of action, damages, or losses, which may be incurred by the undersigned in using said premises and its equipment and/or facilities, and which may arise from any reason whatsoever, specifically including, but not limited to, any negligence on the part of the owners, its employees, or losses arising from theft or for any other reason whatsoever. This Waiver shall be binding upon the parties, their respective heirs, representatives, successors, and assigns. In case any part of this Waiver be construed as improper or invalid, such invalidity will affect only that part of this Waiver and the rest shall remain valid and enforceable. Any alteration, modification, or amendment to this Waiver shall not be considered as valid unless otherwise written and signed by the undersigned herein.