Hire Waiver

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HIRE TERMS & CONDITIONS THIS IS AN IMPORTANT DOCUMENT AFFECTING YOUR RIGHTS, YOU SHOULD READ IT VERY CAREFULLY AND SIGN IT ONLY AFTER YOU ARE SATISFIED THAT YOU UNDERSTAND AND ACCEPT ALL TERMS AND CONDITIONS

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In consideration of aglassyday surf coaching ABN 22 918 105 980 agreeing to hire the Hired Product to me/I acknowledge and agree that:

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1. Definitions: In this agreement aglassyday surf coaching ABN 22 918 105 980 and includes, where the context so permits, its directors, officers, servants or agents; “Claim” means and includes any action, suit, proceeding, claim, demand, damage, cost or expense however arising “Hired Product” means the surfing or other aquatic recreational equipment hired by me from the Surf School.

2. Security: If required by  aglassyday surf coaching ABN 22 918 105,  aglassyday surf coaching ABN 22 918 105 with a security amount which will be held by  aglassyday surf coaching ABN 22 918 105 for the duration of my hire of the Hired Product and, subject to clause 7 below, refunded to me upon return of the Hired Product.

3. Warning: Surfing and the use of the Hired Product (even in accordance with its intended use) can be inherently dangerous. I acknowledge that I am exposed to certain risks in using the Hired Product including but not limited to physical hazards, unpredictable and sometimes dangerous surf and weather conditions and actions of other persons. I acknowledge that accidents can and often do happen which may result in me being injured or even killed, or the Hired Product being lost or damaged. I have voluntarily read and understood this warning and accept and assume the inherent risks in using the Hired Product.

4. Use of Hired Product: Use of the Hired Product by me is beyond the control of aglassyday surf coaching ABN 22 918 105. I acknowledge and agree that any advice, recommendation, information or services provided by aglassyday surf coaching ABN 22 918 105 regarding the Hired Product and its use shall not be construed as contractual conditions or warranties. I agree that aglassyday surf coaching ABN 22 918 105 shall not, subject to clause

5. Be liable to me for any loss or damage sustained by me as a consequence of any incorrect advice, recommendation, information or services provided by aglassyday surf coaching ABN 22 918 105 regarding the Hired Product or the methods or conditions of use of the Hired Product.

6. Exclusion of Implied Terms: 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 or services may be excluded. I acknowledge that these implied terms, as well as other terms and rights implied into consumer contracts by statute, and any liability of aglassyday surf coaching ABN 22 918 105 flowing from them, are expressly excluded to the extent possible by law, by this agreement. To the extent of any liability arising, the liability of aglassyday surf coaching ABN 22 918 105 will be limited to the resupply of the hiring services or payment of the cost of having the hiring services supplied again. aglassyday surf coaching ABN 22 918 105  liability does not extend to consequential loss.

7. Release and Indemnity: In consideration of aglassyday surf coaching ABN 22 918 105 agreeing to hire to me the Hired Product I, to the extent permitted by law: (a) release and will release aglassyday surf coaching ABN 22 918 105  from all Claims that I may have or may have had but for this release arising from or in connection with my hire and use of the Hired Product; and (b) indemnify and will keep indemnified aglassyday surf coaching ABN 22 918 105 in respect of any Claim by any person arising as a result of or in connection with my hire or use of the Hired Product.

8. Damage to Hired Product: I agree to accept all responsibility and liability for any loss of or damage to the Hired Product (however caused) which occurs during the course of my hire of the Hired Product. I agree to compensate aglassyday surf coaching ABN 22 918 105 for any and all loss of or damage to the Hired Product (including, if required by aglassyday surf coaching ABN 22 918 105, the replacement of the Hired Product) which may occur during the course of my hire of the Hired Product and authorise aglassyday surf coaching ABN 22 918 105 to apply any security amount provided by me to aglassyday surf coaching ABN 22 918 105 against the costs of such compensation.

9. Fitness to Participate: I declare that I am medically and physically fit and able to participate in the sport of surfing and to use the Hired Product. I understand and accept that aglassyday surf coaching ABN 22 918 105 will rely upon this agreement as evidence of my fitness and ability to properly use the Hired Product.

10. Privacy: I understand that the information I have provided above is necessary for the objects of aglassyday surf coaching ABN 22 918 105. I acknowledge and agree that the information will only be used for the objects of aglassyday surf coaching ABN 22 918 105 and its general business. I understand that I will be able to access the information through aglassyday surf coaching ABN 22 918 105 upon reasonable notice. If the information is not provided my application for hire may be rejected.

11. Severance: If any provision of this agreement is invalid or unenforceable in any jurisdiction, the phrase or clause is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable. If the phrase or clause cannot be so read down it will be severed to the extent of the invalidity or unenforceability. Such severance does not affect the remaining provisions of this agreement or affect the validity or enforceability of it in any other jurisdiction.

12. Governing Law: This agreement is governed by and construed in accordance with the law of the State of Western Austalia and the parties irrevocably submit to the jurisdiction of the courts of that State.

13. I have provided the information required above and I warrant that all information provided is true and correct. I acknowledge this agreement cannot be amended. If I do amend this agreement it cannot be accepted by aglassyday surf coaching ABN 22 918 105.

14.   Notwithstanding any other clause in these terms and conditions, and for the avoidance of doubt, nothing in this agreement is to be construed as releasing, indemnifying or discharging aglassyday surf coaching ABN 22 918 105 and  its directors, officers, servants or agents from liability in negligence, for injury, loss or damage caused by the negligent or wilful acts or omissions of aglassyday surf coaching ABN 22 918 105 and  its directors, officers, servants or agents. In all circumstances, this clause will prevail to the extent of any inconsistency with any other clause in this agreement and may only be varied with the written consent of both parties.

I have read, understood, acknowledge and agree to the above terms including the warning, exclusion of implied terms, release and indemnity.