WAIVER

LIABILITY WAIVER AND ASSUMPTION OF RISK

Bernie’s Surf Hire (ABN: 53 069 985 370) – Noosa, Queensland

Before hiring any surfboard, wetsuit, soft rack or other equipment (“Equipment”) from Bernie’s Surf Hire (“we”, “us”, “our”), you must read and accept this Waiver.

1. Assumption of Risk

Surfing and the use of surf-related Equipment involve inherent risks, including but not limited to drowning, collision, marine life, physical injury, and property damage. These risks exist regardless of skill level and cannot be eliminated by us. By hiring Equipment, you voluntarily accept and assume all such risks.

2. Release of Liability

To the maximum extent permitted by law, you release and discharge Bernie’s Surf Hire, its owners, employees and agents from any and all claims, liability, injury, loss or damage arising from your use of the Equipment, whether caused by negligence, defect in the Equipment, or otherwise, except where such liability cannot be excluded under Australian Consumer Law.

3. Fitness to Participate

You confirm that you are physically fit to surf or use the Equipment, and that you are not affected by drugs, alcohol, injury or any medical condition that could increase risk to yourself or others. You are responsible for assessing conditions (surf, environment, weather, tide) before use.

4. Equipment Condition and Damage

You agree to inspect the Equipment prior to use and report any pre-existing damage before leaving with it. You accept responsibility for the Equipment for the duration of the hire period, in accordance with our Damage, Loss and Repair Costs policy.

5. Acknowledgement

By ticking the box below and entering your name and today’s date, you confirm that you have read, understood, and agree to be bound by this Waiver and by our full Terms and Conditions, including our Damage, Loss and Repair Costs policy. You acknowledge that this constitutes your electronic signature and has the same effect as a handwritten signature.