Information
-
THIS IS AN IMPORTANT LEGAL DOCUMENT. BY SIGNING THIS DOCUMENT YOU ARE AGREEING TO GIVE UP CERTAIN LEGAL RIGHTS. PLEASE READ IT CAREFULLY BEFORE SIGNING.
Before any flyboarding activities are undertaken with FlyboardSA you must agree to and sign this waiver in order to rent or operate a flyboard and must be 18years of age or older. For ages between 16 & 18years of age, your legal guardian must provide consent and sign on your behalf. Proff of ID must be provided to FlyboardSA’s instructors prior to completing this liability release form. All users wanting to participate in FlyboardSA’s activities must go through and be inducted in the Novice Participant Learners Guide as provided by Flyboard SA Pty Ltd.
The undersigned is a novice participant wishing to partake in the ‘experience’ offered by FlyboardSA Pty Ltd FlyboardSA have indicated to the participant that flyboading is an extreme sport and that this product requires skill and precision to properly use and presents a great risk of injury or death from its misuse. In order to operate a flyboard the operator/participant is required to release in advance FlyboardSA from any and all liability and damages or injury from use of the flyboard. You must read and comprehend the Novice Participants Leaners Guide prior to commencing flyboard activities with FlyboardSA. -
Name
-
Date of Birth
-
Address
-
Phone Number
-
Email Addres
-
Emergency Contact Name
-
Emergency Contact Number
-
Add signature
TRAINING MANUAL - NOVICE PARTICIPANT LEARNERS GUIDE
-
I declare hat I have read and fully understood the information contained within the FlyboardSA Pty Ltd Novice Participant Learners Guide
ASSUMPTION OF RISK
-
I am an adult and know and understand the scope, nature, and extent of the risks involved in the activities covered by this Agreement. I understand these risks include, but are not limited to:<br>equipment malfunction and /or failure to function; defective and/or negligent design and /or manufacture of equipment; improperly and/or negligent assembly; improper and/or negligent use of the Flyboard and related equipment; carelessness and /or negligent instruction and/or supervision, collision with other participants, watercraft, and manmade or natural objects, including any sea life or other living thing in or out of the water, inclement weather, lightning variances and extreme wind, weather and temperature, or any other act of god, my sense of balance, physical coordination and ability to operate the flyboard. I agree to abide by all of the rules and instruction provided to me by FlyboardSA. I voluntarily, freely and expressly choose to incur all risks associated with the activities covered by the Agreement, understanding that those risks may include personal injury, property damage, and/or death to myself or others.<br>
RELEASE FROM LIABILITY
-
I release the following persons and parties , including all of each person’s, corporations, and organizations officers, agents, servant, employees, representatives, lessors (hereafter released parties) from any and all liability, claims, demand or actions or causes of action whatsoever arising out of any damage, loss or injury to me or my property, or my death, while upon the premises of the purchaser or while participating in any of the activities covered by this Agreement, whether resulting for the negligence and /or any other fault, either active of passive of any of the released parties: FlyBoardSA Pty Ltd. (hereafter released party)
COVENANT NOT TO SUE
-
I agree never to institute any suit or action at law or otherwise, against any released party or to initiate or assist in the prosecution of any claim for damages or cause of action which I may have by reason of injury to my person or property, or my death, arising from the activities covered by this Agreement, whether caused by the negligence and/or other fault, either active or passive, or any of the released parties, or from any other cause, including equipment failure or design defects. I further agree that my heirs, executors, administrators, personal representative, and/or anyone else claiming on my behalf, shall not institute any suit or action at law or otherwise against any of the released parties, nor that they initiate or assist in the prosecution of any claim for damages or causes of action which I, my heirs, executors, administrators, personal representatives, and/or anyone else claiming on my behalf may have by reason of injury to my person or property, or my death, arising from activities covered by this Agreement,whether caused by the negligence and or other fault, either active or passive, of any of the released parties, or from any other cause. By signing this agreement, I hereby instruct my heirs, executors, administrators, personal representatives and/ or anyone claiming on my behalf not to pursue any claims against FlyboardSA Pty Ltd or any released parties for damages, injury or death related to the use of the product. Should a suit or action be filed against FlyboardSA Pty Lltd or any released parties by myself, my heirs, executors, administrators, personal representatives and /or anyone acting on my behalf, I agree that such released parties shall be entitled to recover legal fees and cost incurred in defense of such suit or action, including appeals.<br>
INDEMNITY AGAINST THIRD PARTY CLAIMS
-
I will indemnify, same and hold harmless the released parties from any and all claims, losses, and actions, or proceedings of every kind and character, including attorneys fees and expenses, which may be presented or initiated by any other persons or organizations and which arise directly or indirectly from my participation in the activities covered by this Agreement, whether resulting<br>from the negligence and/or other fault, either active or passive, of any of the released parties or from any other cause.
VALIDITY OF WAIVER
-
I understand and agree that if I institute, or anyone on my behalf institutes, any suit or action at law or any claim for damages or cause of action against any of the released parties because of<br>injury to my person or property, or my death, due to activities covered by this Agreement, this Agreement, including any additions or supplements to it, can and will be used as evidence in court, and that agreements like this one have been upheld in courts in similar circumstances.
REPRESENTATIONS AND WARRANTIES
-
I represent and warrant that I will listen to and adhere to all instructions carefully prior to participating in and during FlyboardSA Pty Ltd activities as I realize that it is a dangerous product requiring above average physical ability to properly operate. I will follow all precautions and instructions with the flyboard. I acknowledge that the use of the Flyboard creates an opportunity for harm or injury.<br>
WAIVER OF JURY TRIAL/VENUE/HEADINGS
-
I agree that the law of the South Australia shall apply to issues involving the construction, interpretation, and validity of this Agreement and that South Australian law shall govern any dispute between the parties arising from the activities contemplated by this Agreement. Should this Agreement be violated and suit be brought against any of the released parties, my right to a jury trial is<br>waived and Adelaide, South Australia shall be the sale venue and litigation venue for any such suit, which shall be tried non-jury. I agree that the headings and subheadings used in this Agreement are for convenience only and have no significance in the interpretation of the body of this Agreement.
SEVERABILITY
-
I agree that should one or more provision in this Agreement be judicially determined to be unenforceable, the remaining provisions shall continue to be binding and enforceable against me.<br>
CONTINUATION OF OBLIGATIONS
-
I agree and acknowledge that the terms and conditions of this Agreement shall continue in full force and effect now and in the future at all times during which I use the flyboard, either directly or indirectly, in all the activities covered by this Agreement, and shall be binding upon my heirs, executors, administrators, personal representatives, and or anyone else claiming on my behalf.
APPEARANCE RELEASE
-
I grant to FlyboardSA Pty Ltd (and/or any of its designees) the right to create audio and/or video recordings of some or all of my experience using and/or a flyboard (including my training and preperations) and the right to make use of such audio and/or operating a flyboard and the right to make use of such use of audio and video including my name image and likeness for any and all purposes, through any mediums, perpetually, anywhere worldwide, free of loyalty and/or other charges.
ACKNOWLEDGEMENT
-
I am aware that past or present medical conditions may be contraindicative to my participation in this activity. By signing this document, I affirm that I do not have a history of seizures, dizziness, fainting or any heart conditions, including but not limited to cardiovascular disease, angina, or heart attacks, I do not wear contact lenses or have them in during participation and that I have no prosthetics devices or other aids such as hearing aids that would increase risk of possible injury. I further affirm that I am not currently taking medication that comes with any warnings(s) about any impairment of my physical or mental abilities. I further affirm that I do not currently have any physical or medical condition(s) that would prevent me from participating in this activity. I further affirm that I have not relied on any medical advice from the released parties to make my decision to partake in the Flyboard Experience. I acknowledge that I may be exerting myself during this activity and that if I am injured as a result of this activity I assume the risk of any such injuries, and I will not hold the released parties responsible for those injuries. In consideration of being allowed to participate in this activity, I agree to reimburse FlyboardSA Pty Ltd for the cost of repairing any damage caused to any of the equipment or vessel used in this activity during my participation in same. I understand that FlyboardSA Pty Ltd reserves the right to refuse to permit anyone that is not at least 18 years of age to participate in this activity, as well as the right to refuse anyone who has consumed alcoholic beverages and/or anyone whom FlyboardSA Pty Ltd believes will not treat the equipment and the loal environment with respect. I state that I am of lawful age and legally competent to sign this document. I understand that the terms herein are contractual and not a mere recital and that I have signed this document of my own free will after reading the terms herein, and that no oral representations, statements, or inducements apart from this document have been made. I further understand that if any part of this document is determined to be unenforceable, all other parts shall continue to be given full force and effect. <br><br>I hereby acknowledge that I have read all of the provisions above and fully understand the terms and conditions expressed therein and agree to be bound by such terms and conditions. <br>
-
Add signature
