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Lesson Waiver Form
Lesson Waiver - Kite Republic
You are applying to join Lessons run by Kite Republic Pty Ltd (ABN 91 133 865 693) (“Kite Republic”), as specified in Section B below.
Kite Republic operates Kite Republic Club (KR Club), and is a supplier of Recreational Services as set out below.
SECTION A: ASSUMPTION OF RISK, EXCLUSION OF LIABILITY AND WAIVER
NOTE: These terms and conditions affect your legal rights. It is important that you read and understand them.
Kite Republic Pty Ltd (ABN 91 133 865 693) is a supplier of “Recreational Services” as defined in section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic) (“ACL”).
The Recreational Services and associated facilities provided, include but are not limited to, power kiting, kite surfing, kite boarding, snow kiting, paddle boarding, bike riding, surfing, skateboarding, in all types of weather conditions, including the hire of equipment involved in participating in the aforementioned activities, in Australia or overseas. At some events, it may also include transportation of you and/or your property or equipment in vehicles driven both on and off road, driven by Kite Republic, its employees directors and agents, or other KR Club Members. Events may take the form of clinics, camps, tours, day trips and events both on and off water, in Australia or overseas. Collectively, these are referred to in this agreement as “Recreational Activities”. In taking the Lessons, you will participate in Recreational Activities supplied by Kite Republic.
The purpose of this agreement is to limit the liability of Kite Republic, its employees, directors, agents and KR Club members, and to exclude liability for any property damage, personal injury or death to the participant in the Recreational Activities. By participating in Recreational Activities run by Kite Republic, you agree that the supply of the Recreational Services and Recreational Activities and participation by you in them is subject to the following terms and conditions:
1. Under the ACL, several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that Kite Republic as the supplier of Recreational Services is required to ensure that the Recreational Services it supplies to you-
a. are rendered with due care and skill; and
b. are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
c. might reasonably be expected to achieve any result you have made known to the supplier.
2. Under section 22 of the ACL, Kite Republic as a supplier of Recreational Services is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue Kite Republic, including but not limited to under the ACL if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.
3. The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the part of Kite Republic. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the ACL.
4. You acknowledge that the Recreational Activities are dangerous with many inherent risks and hazards, including but not limited to crashing, falling off a kite, slipping, falling, losing balance, colliding with other persons and equipment, falling on hard or otherwise uneven surfaces, other people or their equipment and as a consequence property damage, personal injury (including spinal injury) and sometimes death can occur and you voluntarily assume and accept all such risks and waive the right to sue Kite Republic for any property damage, personal injury or death in any whatsoever caused by or arising from participation in such activities.
5. Kite Republic, its employees, directors, agents and KR Club members are not liable to you, your dependants or your legal representatives for property damage, personal injury or death suffered by you due to the Recreational Activities not being supplied with due care and skill or not being reasonably fit for their purpose or for breach of any of the consumer guarantees applied by the ACL, or due to the negligence, breach of contract or statute or statutory duty by Kite Republic.
6. You release Kite Republic, its employees, directors, agents and KR Club members from all actions, suits, claims, demands, costs and other liabilities in connection with or incidental to your use of the Recreational Activities whether caused by the negligence of Kite Republic or otherwise.
7. You agree to hold harmless and indemnify Kite Republic, its employees, directors, agents and KR Club members in respect of all actions, suits, claims, demands, costs and other liabilities you may have against Kite Republic in connection with or incidental to your use of the Recreational Activities.
8. To the maximum extent permitted by law, but subject to the non-excludable consumer guarantees implied pursuant to the ACL, in no event will Kite Republic, or its employees, directors, agents and KR Club members be liable in respect of any claim for any direct or indirect or inconsequential loss or damage including without limitation personal injury, financial loss (such as loss of profits or use of capital or revenue or otherwise), property damage, or for any punitive, exemplary, special, incidental or consequential loss or damage whether such liability arises in contract, tort, equity, breach of statute or statutory duty or breach of any consumer guarantees.
9. You warrant by participation in the Lesson and the Recreational Activities that you have appropriate skill to participate without creating risk to yourself or others and that you will ensure you participate in a manner which is commensurate and consistent with your skills and abilities.
10. Where you are responsible for a person participating in Recreational Activities who is under the age of 18 years you agree to be bound by these conditions on their behalf and you will directly supervise them at all times. If you are not directly supervising them you warrant that they have appropriate skill and expertise to participate without creating risk to themselves or others and that they will participate in a manner which is commensurate and consistent with their skills and abilities.
11. You warrant that you do not have any pre-existing medical or other conditions which might impair your ability to safely participate in the Lesson or Recreational Activities nor that would be impacted or exacerbated by your participation, and where you are participating with a person under 18 years of age or authorising their participation you warrant similarly on their behalf.
12. You agree to pay the cost of and authorise Kite Republic to take all steps it considers reasonably necessary to protect your welfare in the event of personal injury, including the administration of any emergency medical treatment and ambulance transportation.
13. You must comply with all signs or other directions of Kite Republic and it may suspend or cancel your access to the Recreational Activities in its absolute discretion for non-compliance with these conditions or for reckless or careless conduct.
14. Kite Republic reserves the right to photograph, videotape and/or record you and/or any person under 18 years of age participating in Recreational Activities with your permission and to use name, face, likeness, voice and appearance in connection with exhibitions, publicity, advertising and promotional materials without reservation or limitation.
15. This agreement shall be governed by the laws of Victoria, Australia.
16. Any provision of this agreement which is held to be unenforceable is, where possible to be severed to the extent necessary to make the agreement enforceable and the rest of the agreement is not affected.
Tick to agree that you have read and understood SECTION A
I have read and understood Section A
SECTION B: LESSON DETAILS
State / Province / Region
ZIP / Postal Code
Antigua and Barbuda
Bosnia and Herzegovina
Central African Republic
Congo, Democratic Republic of the
Congo, Republic of the
Northern Mariana Islands
Palestine, State of
Papua New Guinea
Saint Kitts and Nevis
Saint Vincent and the Grenadines
Sao Tome and Principe
Trinidad and Tobago
United Arab Emirates
Virgin Islands, British
Virgin Islands, U.S.
Emergency Contact Details:
Their relationship to you
Lesson and Personal Conditions:
Type of Lesson
Ride Day / Camp / Tour
Cant Swim (please let instructor know)
Weak (please let instructor know)
Do you have any Medical Conditions that might restrict you during the lesson?
If 'Yes', please list the Medical Conditions below:
Additional information regarding lessons:
Date, time, and meeting point of Lesson(s) will be advised at the time of booking.
This agreement applies to all Lessons booked with Kite Republic.
Lessons cancelled less than 2 hours prior to the start time will be charged 50% of the price of the scheduled Lesson.
Vouchers must be used within 12 months (standard and private lessons) or by the expiry date (special and promotional lessons) and otherwise become invalid.
SECTION C: YOUR WARRANTIES
In applying to take lessons with Kite Republic, and in consideration of this agreement, and in addition to the warranties in Section A paragraphs 9, 10, and 11 above, you further warrant to Kite Republic and to KR CLUB that:
1. You are over 18 years of age;
2. You have read any rules of participation provided to you, or where such rules are orally explained you have heard and understood them, and agree to abide by them;
3. You are medically and physically capable of participating in the Lesson and the Recreational Activities at a level where the health and safety of yourself, other participants, and members of the public is protected and maintained.
4. If you suffer from asthma or any medical condition that requires medication, you will notify Kite Republic at least 24 hours in advance of participating in any Events or Recreational Activities and bring your asthma pump and/or medication with you to all Events and Recreational Activities.
5. You understand and agree that:
a. Kite Republic may provide some food and drink for participants during Lessons. Kite Republic is not capable of catering to allergies or intolerances. Should you have any allergies or intolerances, you warrant not consume any of the food or drink provided by Kite Republic.
b. Kite Republic may facilitate amongst car pooling arrangements to or from Lessons or Recreational Activities. Kite Republic does not guarantee the safety or quality of the car pooling arrangements.
c. This agreement applies to all Lessons which you may participate in that are operated or arranged by Kite Republic.
6. You have read and carefully considered the entirety of this agreement, including but not limited to Section A Assumption of Risk, Exclusion of Liability and Waiver, and fully understand, acknowledge and agree to all of the terms and conditions contained in this agreement.
Tick to agree that you have read and understood SECTION C
I have read and understood Section C
A life jacket has been made available for me
These terms and conditions commence on the date of signing,
and will continue for a period of 12 months from the date of signing, including in respect of any participants under the age of 18 listed in these terms and conditions.
Are you filling in this form on behalf of minor's under the age of 18?
(if yes then their names will be able to be entered below)
For participants under the age of 18
I represent that I am the parent/guardian with legal responsibility for the minors named below.
In my capacity as parent/guardian with legal responsibility for the minors named below, I acknowledge, understand and accept all of the above terms and conditions and consent and agree to the named minors’ involvement or participation in the Recreational Activities.
I further warrant that the minors named below are fit and healthy and medically and physically capable of participating in the Recreational Activities.
I consent to the minors named below attending and participating in the Recreational Activities without my supervision.
Minor 1 name:
Minor 1 DOB:
Minor 2 name:
Minor 2 DOB:
Minor 3 name:
Minor 3 DOB:
03 9537 0644
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