Waiver & Release of Liability

Surfkin Universal Waiver & Release

In consideration of the Organisers and the Platform accepting my application to participate in any Program or Activity, I acknowledge, understand, and agree to the following:

  1. Organisers
    For the purposes of this declaration, “Organisers” means the independent service providers who deliver Activities via the Surfkin Platform. This includes, where the context so permits, surf coaches, surf schools, videographers, equipment providers (board rentals), tour partners (surf travel), Local Surf Buddies, and their respective directors, officers, employees, members, servants, or agents. Where applicable, “Organisers” also includes Surfing Australia Ltd (“SA”), SA affiliated state surfing associations, and their respective directors, officers, members, servants, or agents.

  2. Warning
    Participating in surfing and related Programs is inherently dangerous. I understand the nature and requirements of these Activities and acknowledge that serious accidents can and often do happen which may result in me being seriously injured or even killed. This includes, without limitation, risks such as drowning, collision with surfboards, reefs, rocks, or other participants, marine life, sudden changes in surf conditions, equipment failure, and rare conditions such as surfer’s myelopathy — a non-traumatic injury causing paralysis below the waist due to hyperextension of the back.
    I have voluntarily read and understood this warning and accept and assume all such inherent risks.

  3. Physical Fitness
    I must not participate in any Program or Activity if I have any injury, disability, medical or health condition that may increase the risk of me becoming injured unless I have disclosed it to the Organisers and they have authorised my participation. I declare that I am medically and physically fit and able to participate and I will immediately notify the Organisers of any change to my fitness and ability. I understand and accept that the Platform and Organisers will continue to rely on this declaration as evidence of my fitness and ability to participate.

  4. Instructions
    I will at all times comply with the lawful instructions, rules, and safety procedures of the Organisers and the Platform.

  5. Medical Treatment
    If required, the Organisers may arrange medical or hospital treatment (including ambulance transport) for me. I authorise such actions and agree to meet all associated costs.

  6. Release & Indemnity
    My participation in any Program or Activity is entirely at my own risk and I agree to:
    (a) Release and forever discharge the Organisers and the Platform from all liability and Claims that I may have or may have had but for this release arising from or in connection with my participation in the Program or Activity; and
    (b) Indemnify and hold harmless the Organisers and the Platform to the extent permitted by law in respect of any Claim by any person, including but not limited to another participant, arising as a result of or in connection with my participation.

For the purposes of this clause, “Claims” means and includes any action, suit, proceeding, demand, damage, penalty, cost, or expense however arising (including negligence, trespass to the person, or breach of consumer guarantees under the Competition and Consumer Act 2010 (Cth) and equivalent state legislation).
Nothing in this clause excludes liability which cannot be excluded by law, including liability for gross negligence, reckless conduct, or wilful misconduct.

  1. Local Surf Buddies
    I understand that Local Surf Buddies provide companionship only and are not qualified surf coaches. They do not provide supervision, instruction, or rescue services. By booking a Local Surf Buddy I confirm that I am an independent and competent surfer capable of managing my own safety.

  2. Equipment Providers & Rentals
    Where I hire equipment (such as surfboards or wetsuits), I acknowledge that I am responsible for proper care, safe use, and prompt return. I will immediately report any faults or defects. I accept liability for negligent loss or damage to hired equipment as set out in the rental agreement.

  3. Videography & Media
    I understand that videographers and media personnel must comply with child-safety and privacy laws. Unless I opt out in writing, I consent to the use of my image for promotional purposes by the Organisers and the Platform.

  4. Insurance
    I acknowledge that Organisers are required to maintain their own insurance, including public liability insurance. I am responsible for arranging my own personal accident, health, or travel insurance. The Platform does not provide participant insurance.

  5. Privacy
    I consent to the collection and use of my personal information in accordance with the Platform’s Privacy Policy. I understand that information provided is necessary for the safe and lawful operation of Programs and Activities.

  6. Minors
    Participants under 18 must have this waiver signed by a parent or legal guardian. Guardians acknowledge and accept all risks, authorise emergency treatment, and agree to provide all necessary consents. Only Working With Children Check (WWCC) compliant providers may deliver sessions for minors.

  7. Excluded & High-Risk Services
    I understand that this Waiver applies only to surfing, surf travel, surf schools, Local Surf Buddies, board rental, videography/media, and related activities offered on the Platform.
    Any service that is outside these activities, or any high-risk or health-related service (such as physiotherapy, medical treatment, personal training, or extreme adventure activities), requires a separate waiver and/or pre-screening procedures provided by the relevant Service Provider. Participation is not permitted unless those additional documents are completed.

  8. Governing Law & Jurisdiction
    This Waiver is governed by and construed in accordance with the laws of the State of New South Wales, Australia. I submit to the exclusive jurisdiction of the courts of New South Wales to resolve any dispute arising under or in connection with this Waiver.

Acknowledgement & Electronic Signature

I have read, understood, and voluntarily agree to the terms of this Waiver, including the Warning, Release, and Indemnity. I acknowledge that I am giving up substantial legal rights by signing.

  • Participant Name: __________________________
  • Date of Birth: __________________________
  • Address: __________________________
  • Email / Phone: __________________________
  • Signature / Typed Name: __________________________
  • Date: __________________________

For Participants Under 18:

  • Parent/Guardian Name: __________________________
  • Signature: __________________________
  • Date: __________________________