PLEASE READ CAREFULLY. BY SIGNING THIS AGREEMENT YOU MAY PERMANENTLY WAIVE
CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION
FOLLOWING AN ACCIDENT, INJURY OR PROPERTY DAMAGE.
“Activity” means kitesurfing and the use of the Equipment for kitesurfing or any other purpose or occurrence.
“Equipment” means all kitesurfing equipment provided by The Kite Hub to the Member.
“Member” means the person named in the attached Membership Form.
“Membership” means the Member’s membership of The Kite Hub.
“Released Parties” means The Kite Hub and its respective successors in title, associated companies or entities, insurance providers, agents, employees, contractors, representatives, assignees, officers, directors, members, or shareholders.
“The Kite Hub” means The Kite Hub Pty Ltd (ACN 628 960 092).
“Waiver Agreement” means this Release, Waiver and Assumption of Risk Agreement.
“You” means only the Member when the Member is aged 18 years or older, or it means both the Member and the Member’s parent or legal guardian when the Member is under the age of 18 years, or any spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on the Member’s behalf.
You agree and understand that taking part in the Activity can be HAZARDOUS AND INVOLVES THE REAL RISK OF SERIOUS PHYSICAL INJURY AND/OR DEATH. You acknowledge that the Activity is inherently dangerous and fully realise the dangers of participating in the Activity and the impact of the types of potential injuries that could result. The risks and dangers of the Activity include, but are not limited to: water flow; tides; currents; wakes; drowning; entanglement; impacts; collisions with other participants and debris, obstacles, boards, devices, shoreline or other objects; watercraft and other manmade and natural objects; weather conditions; exposure to elements; slips and falls; equipment failure and/or defects; marine and other wildlife; operator error; acts omissions or negligence of the Released Parties; provision of first aid, medical treatment or other assistance or services by the Released Parties or others; mental distress from exposure to any of the above; and negligence of others. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE DESCRIPTION OF THE RISKS LISTED ABOVE IS NOT COMPLETE AND THAT PARTICIPATING IN THE ACTIVITY IS DANGEROUS AND INCLUDES OTHER RISKS. This notice is given as a risk warning pursuant to section 5I of the Civil Liability Act 2002 (WA). Having given this risk warning, the Released Parties will not be held liable for any liability, personal injury or death, however it may occur as set out below.
In consideration of the Member participating in the Activity, You agree as follows:
In the case of a Member under the age of 18 years (“Minor”), You as a parent or legal guardian acknowledge that You are not only signing this Waiver Agreement on Your behalf, but that You are also signing on behalf of the Minor and that the Minor shall be bound by all the terms of this Waiver Agreement. Additionally, by signing this Waiver Agreement as the parent or legal guardian of the Minor, the parent or legal guardian understands that he/she is also waiving rights on behalf of the Minor that the Minor otherwise may have. You as a parent or legal guardian agree that, but for the foregoing, the Minor would not be permitted to participate in the Activity. By signing this Waiver Agreement without a parent or legal guardian’s signature, the Member, under penalty of fraud, represents that he/she is at least 18 years of age. If signing as the parent or guardian of a Minor, signing adults represent that they are a legal parent or guardian of the Minor.
You authorise the Released Parties and/or their authorised personnel to call for or administer medical care for the Member or to transport the Member to a medical facility or hospital if, in the opinion of the Released Parties or such personnel, medical attention is needed. You agree to immediately pay all costs associated with such medical care and related transportation.
You further agree and understand: (a) You will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances; (b) this Waiver Agreement shall be governed by the laws of Western Australia and any dispute or claim shall be subject to this jurisdiction; (c) this Waiver Agreement supersedes any and all prior contracts, arrangements, communications, or representations, whether oral or written, between the parties relating to the subject matter hereof; (d) You understand and acknowledge that this Waiver Agreement is a contract intended to be as broad and inclusive as Western Australian law will allow and shall be binding to the fullest extent permitted by law. If any part of this Waiver Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. It is Your intent that this Waiver Agreement shall be binding upon Your assignees, heirs, next of kin, executors and personal representatives.