Waiver & Liability Agreement
INFORMED CONSENT FORM, RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT (the “Release Agreement”)
OMBE SURF PTY LTD TRAINING WAIVER AND RELEASE
I have voluntarily enrolled in a surf technique program (the “Program”) offered through the ombe surf website and or app. I recognise that the Program may involve strenuous physical activity including, but not limited to, surfing, skating, surf skating, bosu balls, flexibility, mobility, strength, stretching, body control, and other various fitness and sports activities (collectively, the “Surf Training Activities”).
I hereby affirm that I am in good physical condition and do not suffer from any known disability or condition which would prevent or limit my participation in the Program or Fitness Activities. I have been advised that an examination by a physician should be obtained by anyone prior to commencing a fitness and/or exercise program, or initiating a substantial change in the amount of regular physical activity performed. If I have chosen not to obtain a physician’s consent prior to beginning the Program, I hereby acknowledge and agree that I am doing so solely at my own risk. I understand that it is my sole responsibility to participate in exercises that are appropriate for the current status of my health. If I have any questions or concerns about whether or not a particular activity is appropriate to my current health status, I understand it is my responsibility to ask my doctor if this activity is appropriate before I participate in such activity.
The information and contents of this course are for informational and educational purposes only. Nothing found on the OMBE website, App, or the Program is intended to be a substitute for professional or medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or disorder. Reliance on any information provided by OMBE is solely at your own risk.
I agree not to hold OMBE SURF Pty Ltd and their directors, officers, employees, agents, contractors, representatives, successors and assigns (collectively, the “Releasees”)responsible for the actions or omissions of the other program participants. I have been informed, understand, and am aware that the Surf Training Activities, including the use of equipment, are potentially hazardous activities. I also have been informed, understand, and am aware that the Surf Training Activities involve a risk of injury and that I am voluntarily participating in these activities and using equipment with full knowledge, understanding, and appreciation of the dangers involved and freely accept and fully assume all such risks.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the Releasees allowing me to participate in any OMBE event, program, coachign, surf trip or ombe sponored or endorsed activity, I hereby agree as follows:
- I agree to abide by the rules of OMBE Surf, I am responsible for any damage to the equipment which I may cause due to negligence.
- I HEREBY WAIVE AND RELEASE, indemnify, hold harmless and forever discharge OMBE Surf Pty Ltd, and its agents, employees, officers, directors, affiliates, successors and assigns, coaches, teachers and trustees of and from any and all claims, demands, debts, contracts, expenses, cause of action, lawsuits, damages, and liabilities, of every kind of nature, whether known or unknown, in law or equity, that I ever had or may have, arising from or in any way related to my participation in any of the events or activities conducted by, on the premises, of, or for the benefit of, OMBE Surf Pty Ltd, provided that this waive of liability does not apply to any acts of gross negligence, or intentional, wilful or wanton misconduct.
- To hold harmless and indemnity the Releasees from any and all liability for any property damage or personal injury to any third party resulting from my participation in the Program, Events, Surf Trips and or Surf Training Activities;
- This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
- This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the State of Queensland, Australia, govern this agreement. You submit to the exclusive jurisdiction of the Courts of the State of Queensland and any litigation involving the parties to this Release Agreement shall be brought solely within the State of Queensland, Australia.
- I understand that the activities, in which I will participate, 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 aforementioned release party to such activities, including claims in tort, contract, equity or otherwise.
- I acknowledge, agree and represent that I understand the nature of OMBE Surf Pty Ltd, 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
- By this Waiver, I assume any risk, and take full responsibility and waive and of personal injury; death, damage, or loss of personal property, associated with OMBE Surf Pty Ltd, including but not limited to using the facility and its equipment in any manner, form or fashion, and participating and/or engaging in any surfing, skating, surf skating, surf training, surf excericises, surf breath hold training, , surf event or other related activities on and off the premises.
- This WAIVER AND RELEASE contain 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.
- The provision of this WAIVER AND RELEASE will continue in full force and effect even after the termination of the activities conducted by, on the premises of, or for the benefit of OMBE Surf Pty Ltd, whether by agreement, by operation of law, or otherwise.
- I have read, understood and fully agree to the term of this WAIVER AND RELEASE. I understand and confirm that by signing this WAIVER AND RELEASE I have given up considerable future legal rights.