RELEASE OF LIABILITY AND ASSUMPTION OF RISK

The following document affects your legal rights and obligations. Please read these carefully and only sign if you fully understand Its contents.

In consideration of the services of Good Drinks Australia Pty Ltd, its employees, officers and agents, (collectively Good Drinks Australia) and the use of the MECHANICAL SURFBOARD, II agree to the following:

1. I acknowledge that riding and playing a MECHANICAL SURFBOARD entails certain risks or dangers which could result in:

–        physical, bodily, or psychological injury (including musculoskeletal injuries to the head, neck, and back), paralysis, or death

–        physical exertion which I am not accustomed; or

–        injury or damage to me, to property, or to third parties, and

–        such activity may be inherently dangerous and a “dangerous recreational activity” within the meaning of the Civil Liability Act 2002 (WA).

2. I understand that the risks cannot be eliminated as a result of the inherent qualities of the activity and I acknowledge that the activities are being undertaken for the purposes of recreation, enjoyment, or leisure, and involve a significant degree of risk of physical harm.

3. 3. I accept and assume all the risks of participating in this activity and from my use of the MECHANICAL SURFBOARD equipment or facilities. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.

4. I confirm that I am in good physical health and possess the necessary physical fitness to safely engage in the use of the MECHANICAL SURFBOARD. I have taken Into account my own physical condition in making the decision to voluntarily participate in the use of the MECHANICAL SURFBOARD.

5. I agree to and unconditionally release, waive, discharge and hold harmless Good Drinks Australia from any claims or liabilities that are in any way connected with my participation in this activity or my use of the MECHANICAL SURFBOARD equipment or facilities and agree to indemnify and keep indemnified Good Drinks Australia in respect of any such claims or liabilities (including legal costs), save for any claims caused by the gross negligence  of Good Drinks Australia.

6. Acknowledgement of Release: I hereby acknowledge and agree that by signing this document, I am releasing Good Drinks Australia from any claims or liabilities arising out of or in any way connected with my participation in this activity or my use of the MECHANICAL SURFBOARD equipment or facilities. I understand and accept that this release has legal consequences, including the prevention of any future liability claims against Good Drinks Australia.

7. I have had sufficient opportunity to read this document. I have read and understood it, and agree to be bound by its terms. If I had any questions or clarifications In respect of this document or the risks of use of the MECHANICAL SURFBOARD, I have raised those and all my questions have been answered to my satisfaction.

8. This document binds you, and your successors, representatives, and assigns.

9. If any part of this document is deemed invalid or unenforceable, the remaining parts shall remain in effect and enforceable.

10. This document shall be governed by and construed in accordance with the laws of Western Australia and each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Western Australia.

Consent for Use of Data for Promotional Purposes (Yes only): I hereby acknowledge and agree that the personal data I provide to Good Drinks Australia may be used by them for promotional purposes, including but not limited to marketing communications, offers, and updates. I understand that I may withdraw my consent at any time by notifying Good Drinks Australia in writing.