Terms & Conditions

GENERAL CONDITIONS OF ENTRY

Thank you for being the guest (You or Guest) of Savvy Edge Pty Ltd ACN 625 191 648 trading as Gold Coast Water Sports (Us or GCWS). We want You to enjoy the awesome Jet Ski, Fly Board and Parasailing (Activities) with Us. GCWS operates in the Gold Coast Broadwater, which is a large, shallow estuary of water between Main Beach, Southport and Labrador. There are many users of this beautiful area and some obvious and inherent risks in the Activities. You, by your participation, accept the inherent risks of which a prudent person is or should be aware of. You should consider this participation an exercise in good judgment and act in a responsible manner on the Activities. For everyone’s safety, you must read and comply with these Terms and Conditions at all times, pay careful attention to Our Safety Briefing before the Activities and carry out those and other directions to You whilst on the Activities. The Activities involve significant exertion, stress and heights. You must be physically and mentally fit, having no medical conditions which could put You, Us or other Guests at risk. Our Activities are not suitable for pregnant women, those with heart problems, high blood pressure or back problems for example. You should inform Us and seek medical advice if uncertain. Restrictions (including height, weight and age) apply to Activities for workplace health and safety (WHS) reasons. Please report any WHS issues to Us immediately. We reserve the right to deny anyone an Activity on any reasonable WHS ground such as You appear adversely affected by alcohol or drugs. You must put on sunscreen, wear suitable clothing, footwear and sunglasses, and be aware that Your property may be damaged or dirtied in the Activities. We will provide You Personal Protective Equipment (PPE) such as gloves, vests and harnesses. Please use the PPE according to our directions and treat it carefully so it works best for You. Parents, guardians and carers are responsible for persons under their supervision, such as children. Published times of Activities and/or their operation may vary and are subject to change or cancellation without notice due to adverse weather conditions, maintenance activity or other operational reasons. No glassware, sharp objects, food, beverages, alcohol or drugs may be brought onto Our property except for tap water in a drink bottle. We reserve our rights to inspect Your bags and other property. You are responsible for your own property. Lockers are available. No animals may be involved with the Activities except assistance or companion animals with advance notice to Us. You must act carefully both for Yourself and others, and refrain from behaviour which could affect your safety, the safety of others, the safety of the Activities. You must not infringe our intellectual property rights including copyright, designs, systems and patents. We must authorise You using any video or sound recording of Activities for commercial purposes. Vehicles are parked at your own risk. We will not be responsible for loss of, or damage to any vehicle, accessory or property in, or on any vehicle. You agree to the use of Your image and likeness for Our promotion and related purposes without compensation. It is rarely necessary, but for everyone’s safety We reserve Our rights to stop any Activity and/or expel any Guest who does not abide by these terms, the Safety Briefing and/or Our other directions. We take all reasonable steps to provide you with safe and enjoyable Activities. However, You and all Guests participate in the Activities at own risk. You and all Guests indemnify us and We are not liable for any person in respect of the loss of life or personal injury to, any person, whether that loss, damage or personal injury is by any person’s (including Our) misfeasance and/or non-feasance. We may add special conditions to these terms at our discretion in writing, verbally or by our conduct. This would usually be for WHS or other reasons. You are welcome to offer us special conditions in writing for signed acceptance from one of Our directors. Due to our own safety procedures We have the right to refuse anyone with any medical condition to participate in any activity In the case of an emergency You give Us the right to pass this information to any medical practitioner or relevant authority. All customers participate at their own risk By commencing the Activities you agree to these terms. If this is not acceptable, We will happily refund You and Your group, immediately and in full I ACKNOWLEDGE that the activity, like any activity can be dangerous and that by participating in it I am exposed to certain risks I accept I will have the opportunity to not proceed with the activity at any stage if I feel uncomfortable and at risk PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCEPTING. THIS RELEASE COMPLETELY RELEASES ANY RIGHT YOU NOW HAVE OR MAY HEREAFTER HAVE TO RECOVER ANY DAMAGES IN CASE OF ACCIDENT, INJURY, OR DEATH

THE BELOW LIABILITY WAIVER RELATES TO EACH INDIVIDUAL EXPERIENCE GOLD COAST WATERSPORTS OFFERS

JETSKI LIABILITY WAIVER ACKNOWLEDGEMENT AND ASSUMPTION OF RISK

By signing the hire agreement, You agree to the conditions set out in this hire agreement and take full responsibility for all personal injury, all injuries to passengers, all damage to the vessel, any third party and their property. Where any damage is caused due to Your actions You agree to pay the incident liability amount of $2,500.00 and all other costs that are incurred and indemnify Us from any and all liability. This is an agreement for You to hire and drive a Jetski (the vessel) on a hire basis only, including all accessories (PFD, weather jackets) and all other equipment provided by the company. The vessel is provided to you in good operating condition. You agree to return the vessel and all accessories in the same condition. We may require You to surrender the vessel without prior demand and at your expense without refund if it is used in violation of the law, this agreement, failure to obey any instructions of the guide, or if you operate the vessel in an unsafe manner as described in the safety briefing. Where the vessel is not returned in accordance with this agreement or You depart from the hire circuit or designated tour the vessel will immediately be reported as stolen. Persons who must not drive the vessel and the circumstances in which the vessel must not be used by: a person who is not identified on this hire agreement a person who has not taken part in the safety briefing a person who is under the influence of alcohol. The company has a zero alcohol policy. a person who has given or for whom you have given a false name or age. the vessel is carrying any greater load or persons than is lawful the vessel is operated in a dangerous manner in contravention of any legislation or regulation of transport operations for marine safety Joint hirers and all drivers are jointly and severally responsible under this agreement. By entering into this agreement you are responsible for the following – All rental charges as set out for each individual hire All charges claimed by the company for any penalties or violations of legislation incurred during the period of hire All loss or damage to vessel (including the loss of use) legal expenses, assessment fees, recovery fees, consequential third party damage, storage and company service charges where Any condition of this agreement and in particular condition 1 above or any special condition has been breached. The vessel is involved in an incident or accident (whether under the control of an authorised or non-authorised hirer at the time of loss). An incident or accident includes but is not limited to where the vessel suffers loss or damage as a result of impact with any or all objects whether animate or inanimate. You have not kept the safety key secure and under control The hull or any other part of the vessel is damaged regardless of the cause when no other vessel is involved The vessel is totally immersed in water requiring recovery or salvage regardless of the cause The vessel or any third party property is damaged by driving it under or into an object lower than the vessel. If any of the above circumstances are referred to in Clause 3(c) where loss or damage arises the hirer will pay the incident liability amount in addition to any other damage or loss. Where a credit card has been provided, such incident liability amount can at the discretion of the company, be deducted from the hirers credit card. By signing this agreement the hirer authorises such deductions to be made. General Provisions You release and indemnify the company, its agents and employees from all claims for loss and damage to your personal property or that of any other persons property left in vessel or which is received, handled or stored by the company at any time before, during or after the rental period whether due to companies negligence or otherwise. Except as provided by law no driver or passenger of the vessel shall be deemed to be the agent, servant or employee in any matter for any purpose whatsoever. The company gives no express or implied warranty except those implied by the Trades Practice Act 1974 or any other law as to the condition of the vessel but nothing herein restricts you from your rights and remedies under these laws. Where those laws permit the company to limit liability for breach of implied condition or warranty the company limits liability to replacement, repair or resupply. In particular the company is not liable for any indirect or consequential loss or damage. The hirer agrees at all times to take instruction from the guide and drives the vessel in accordance with these instructions and information provided in the safety briefing. Where a hirer fails to comply with the instructions or operates the vessel in a matter deemed unsafe the guide has the authority to remove the offending driver from the vessel at no cost to the company

JETSKI HIRE AGREEMENT AND COMPETENCY STANDARD Hirer ( You ) I/we understand we will participate in the safety briefing, Jetski demonstration and performed the required basic / advanced competencies and will not proceed with the hire until this has been completed and all safety instructions have been provided. I agree to operate the vessel in accordance with this agreement, safety briefing and instructions. I/we acknowledge the risks associated with Watersports and specifically jet skiing and release and indemnify the company, its agents and employees for all claims for loss, damage or personal inquiry during or after the rental period whether due to the companies’ negligence or otherwise. I/We have read and understood this agreement inclusive of all terms and conditions and signed it before making any agreement to hire any vessel and by signing this agreement acknowledge being bound by its terms.

PARASAIL / WATERSPORTS AND AQUATIC ACTIVITIES ASSUMPTION OF RISK AND COMPLETE RELEASE OF LIABILITY

I UNDERSTAND THE PURPOSE OF SIGNING THIS DOCUMENT IS TO EXEMPT AND RELEASE (SAVVY EDGE PTY LTD. T/A GOLD COAST WATERSPORTS), THEIR OWNERS, EMPLOYEES, AGENTS, AND ASSOCIATED PERSONNEL, AND THEIR BOAT(S) AND/OR EQUIPMENT (WHETHER OWNED, OPERATED, LEASED OR CHARTERED), HEREINAFTER REFERRED TO AS “RELEASED PARTIES”, AND TO HOLD THESE ENTITIES HARMLESS FROM ANY AND ALL LIABILITIES ARISING AS A CONSEQUENCE OF THE FOLLOWING, OR ANY OTHER ACTS OR OMISSIONS ON THEIR PART, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OF ANY TYPE. I UNDERSTAND THERE ARE INHERENT RISKS INVOLVED WITH PARASAILING AND OTHER AQUATIC-BASED ACTIVITIES included but not limited to equipment failure, perils of the sea, action of the sea, wind, waves and boat wake, harm caused by marine creatures (including bites and/or attacks), acts of fellow participants, entering and exiting the water, transferring between boats, boarding or disembarking boats, and activities on the docks and approaches and I HEREBY ASSUME SUCH RISKS. I UNDERSTAND I HAVE A DUTY TO EXERCISE REASONABLE CARE FOR MY OWN SAFETY AND I AGREE TO DO SO. I assert I am physically fit to participate in parasailing and aquatic-based activities and ride on a boat and/or equipment and I will not hold the RELEASED PARTIES responsible if I am injured as a result of ANY problems (medical, accidental, or otherwise) which occur while parasailing, riding on the boat or equipment, or otherwise participating in the trip or activities. If I become distressed during the trip or whilst otherwise participating in activities, I will immediately notify the crew and ask for assistance. I fully understand the involved boat and/or equipment has limited medical facilities and in the event of illness or injury appropriate medical care must be summoned by radio or telephone and treatment will be delayed until I can be transported to a proper medical facility. I agree in advance to these conditions. The RELEASED PARTIES have made no representation to me implied or otherwise they or their crew can or will perform safe rescues or render first aid. If I show signs of distress or call for aid, I would like assistance and will not hold the RELEASED PARTIES, their crew, boats, equipment or passengers responsible for their actions in attempting the performance or rescue or first aid. IT IS MY INTENTION BY THIS INSTRUMENT TO GIVE UP MY RIGHT TO SUE ALL PERSONS OR ENTITIES REFERRED TO HEREIN, WHETHER SPECIFICALLY NAMED OR NOT, AND IT IS ALSO MY INTENTION TO EXEMPT AND RELEASE ALL RELEASED PARTIES AND TO HOLD THESE ENTITIES HARMLESS FROM ANY AND ALL LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE AND I ASSUME ALL RISK IN CONNECTION WITH PARASAILING, BOATING AND AQUATIC ACTIVITIES, INCLUDING BUT NOT LIMITED TO THE MAINTENANCE OF THE EQUIPMENT OR ORGANIZATION OF THIS ACTIVITY. I have carefully read this contract in its entirety, fully understand its contents, and agree to the terms and conditions of this contract on behalf of myself, my heirs, and my personal representatives. This document constitutes the final and entire agreement between RELEASED PARTIES and the undersigned. There are NO WARRANTIES expressed or implied, which extend beyond the description of the activity listed on this form. THIS IS A COMPLETE RELEASE OF LIABILITY AND A LEGALLY BINDING CONTRACT. I speak and read and understand the English language and understand the content of this document. The captain and/or crew have explained this document to me. I have read this agreement and I am aware it is a release of liability and a contract between me and the RELEASED PARTIES.I sign it of my own free will and agree to be bound by it, from the date of my signature, forever into the future. This is to certify I, as parent or guardian with legal responsibility for this participant or guest, do consent and agree to his/her release as provided above of all Releases and, for myself, my child, my ward as participant or guest, all heirs, assigns, and next of kin. I release and agree to indemnify and hold harmless the involvement or participation in these programs as provided above EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.

FLYBOARD LIABILITY WAIVER ACKNOWLEDGEMENT AND ASSUMPTION OF RISK

I represent and agree as follows: I fully understand and acknowledge that: (a) Risks and dangers exist in my use of the equipment and my participation in this outdoor adventure activity; (b) My participation in such activities and/or use of such equipment may result in injury or illness, including, but not limited to bodily injury, disease, strains, fractures, partial and/or total paralysis, death, or other ailments that could cause serious and permanent disability or death. (c) These risks and dangers may be caused by my own fault, the fault of other participants (including, without limitation, its members, employees, or agents), or the forces of nature. These risks and dangers may arise from foreseeable or unforeseeable causes. (d) These risks and dangers may or may not be caused by an event, condition or circumstance beyond the reasonable control of Us including, without limitation, an act of God, act of a governmental entity, fire, flood, explosion, war or civil insurrection, sabotage, and/or acts of terrorism. (e) By voluntarily participating in these activities and/or using equipment provided by the Service Provider, I hereby assume all risks and dangers and all responsibility for any Personal Injury / death, whether caused in whole or in part by the negligence or other conduct of the owners, agents, officers, or employees of Savvy Edge Pty Ltd t/a Gold Coast Watersports, or by any other person as evidenced by my signature below and/or that of my parent or legal guardian. A. ACCEPTANCE OF RISK AND RESPONSIBILITY. I, on behalf of myself, my personal representatives and my heirs, executors and administrators, hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify Savvy Edge Pty Ltd t/a Gold Coast Watersports, and its owners, agents, officers and employees from any and all claims, actions or losses for bodily injury, wrongful death or otherwise which may arise out of my use of the equipment and/or my participation in the outdoor adventure activities described herein. I specifically understand that I am releasing, discharging and waiving any claims or actions that I may have presently or in the future for the negligent acts or other conduct by the owners, agents, officers or employees of Savvy Edge Pty Ltd B. STATEMENT OF PHYSICAL AND MENTAL FITNESS. I hereby certify and covenant that I have no physical or mental condition, defect or other impairment which may prevent my voluntary participation in this activity. I have listed below any medical concerns that I may have including previous injury / surgery that could affect my participation in the activity. I fully and freely accept my own responsibility for my own physical and mental condition which may/shall exist immediately prior to/during and subsequent to my participation. I specifically warrant and represent that I have no medical condition which I reasonably believe will impair my ability to safely enjoy the experience described herein. I further specifically warrant and represent to Savvy Edge Pty Ltd t/a Gold Coast Watersports, that I am not under the influence of alcohol, drugs (prescription, legal, illegal, or otherwise) which might impair my ability to safely enjoy the experience described herein. I fully understand that in allowing me to participate in the Savvy Edge Pty Ltd t/a Gold Coast Watersports Flyboard experience, Savvy Edge Pty Ltd t/a Gold Coast Watersports, will rely upon my representations herein and that omitting – intentionally or unintentionally – any material fact may compromise my own safety and that of others. C. ACKNOWLEDGEMENT OF THE EFFECT OF THIS AGREEMENT. I understand and acknowledge that by signing this agreement I have voluntarily, knowingly, and freely waived and given up certain legal rights and/or possible claims which I might otherwise be able to assert against Savvy Edge Pty Ltd t/a Gold Coast Watersports, their employees, agents, volunteers, officers or any other person(s) acting on their behalf. The venue of any dispute that may arise out of this agreement or otherwise between the parties to which Savvy Edge Pty Ltd t/a Gold Coast Watersports, or its agents is a party shall be either the District Court or Supreme Court of Queensland. This agreement and any dispute arising from the subject matter of this agreement shall be governed by the laws of the State of Queensland D. ENTIRE AGREEMENT I understand that this is the entire agreement between me and Savvy Edge Pty Ltd t/a Gold Coast Watersports, its employees, agents, volunteers, officers, or any other person(s) acting on their behalf and that it cannot be modified or changed in any way by the representations or statements of any employee, agent, volunteer or officer of Savvy Edge Pty Ltd t/a Gold Coast Watersports, or myself, or any other person(s). I HAVE READ THIS WAIVER AND HEREBY AGREE BY SIGNING IT THAT IT IS MY INTENTION TO EXEMPT AND RELIEVE Savvy Edge Pty Ltd t/a Gold Coast Watersports, FROM LIABILITY FOR PERSONAL INJURY, WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE.