You partake in the sport of Wingfoiling/Kite Surfing/Hydrofoiling voluntarily and at your own risk. You are undertaking a Demonstration in Wingfoiling/Kite surfing/Hydrofoiling supplied to me by OTB Marine. You agree to undertake this Demonstration with OTB Marine acknowledging, agreeing and understanding of the inherent risks and dangers associated with the sport. There are risks specifically associated with participation in the sport of Foiling and accidents can and do often happen which may result in personal injury, death or property damage. You acknowledge that the assumption of risk and warning above constitutes a “risk warning” in accordance with the Civil Liability Act 2002 (NSW).

It is possible for OTB Marine to ask you to agree that statutory guarantees under the Australian Consumer Law (which is Schedule 2 to the Competition and Consumer Act 2010 do not apply to you. If you submit this form, you will be agreeing that your rights to sue Kiteboarding Organisations including OTB Marine in relation to the Foiling Demonstration or testing of equipment because the Demonstrations provided were not in accordance with the guarantees are excluded, restricted or modified as set out in the attached document (“Attached Document”).

By agreeing below and submitting, you indemnify to any property, injury to any person, or any legal action arising from my use of their equipment. You will pay for replacement or repair to equipment damaged during hire or use when unsupervised by OTB Marine and its staff.

You declare that you can swim a minimum of 50 meters (150 feet). You declare that you do not have any medical or physical conditions that would affect my participation in the activity and have not previously been excluded from Windsurfing, kite surfing, Wing foiling or Foiling in general by a medical practitioner or other qualified person in the sport (e.g. please advise instructor of asthma, previous broken bones, dislocated joints, diabetes, allergic reactions, wear contact lenses/hearing aids, any disabilities etc.).

You, by submitting this form, to the extent permitted by law save that the below releases and indemnities don’t apply where the loss, damage or injury is caused or contributed to by the grossly negligent act or omission of OTB Marine and/or a Kiteboarding Organisation:

• Release and will release the OTB Marine and any Organisation from all Claims that may have arisen from the participation in this Demo of Foiling gear but for this release; and
• Release and indemnify the OTB Marine and any relevant Organisation against any Claim (brought by you or someone else) arising out of your death whether caused by the negligence or breach of contract by OTB Marine or any Organisation or in any other manner whatsoever; and
• Indemnify OTB Marine and any Organisation in respect of any Claim by any person arising because of your participation in the sport and any Claim for injury, loss or damage against any Organisation because you failed to comply with OTB Marine and where relevant Kiteboarding Australia's rules and/or directions.

You authorise the OTB Marine business to arrange first aid, evacuation, medical or hospital treatment as necessary and you agree to pay for all associated costs.

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Unit 13/4 Banksia Drive

Byron Bay 2481 NSW

PH: 0413208777