Surfing Mums Australia

Surfing Mums Release and Indemnity Form

Inherent Risks of Surfing

Whilst there are many benefits to surfing, including any bodysurfing, swimming or other surf activity (“Surfing”) and child minding (“Minding Activity”), like all physical activities they involve some risk of injury. The inherent risks of Surfing include, but are not limited to:

• unpredictable and dangerous surf and waves and weather conditions; 
• sharks, bluebottle stings and other marine life; 
• drowning; getting trapped;
• collisions with other surfers or members of the public;
• collisions with equipment, boards leashes, jet skis, boats or similar; 
• sun exposure, overheating;
• rips and currents; 
• over-exertion, manoeuvres beyond my capacity;
• rocky or coral reef or the sea bed generally; 
• erratic or careless behaviours of the public.

I have read and understood that Surfing contains the above inherent risks and that any of these risks could result in personal injury, illness, permanent disability, and death. I understand the demands of Surfing relative to my abilities and I appreciate the types of injuries that may occur as a result of Surfing and their potential impact on my well-being and lifestyle. I confirm that my participation is voluntary and that I knowingly assume all inherent risks.  

Other risks of Surfing Mums Activities – Minding Children

I further acknowledge that there are other risks whilst I am looking after my own and other’s children, the Minding Activity. These risks include, but are not limited to: 

• lifting carrying and moving my children and other’s children; 
• slips trips and falls on children’s equipment;
• sun exposure and overheating;
• communicable diseases, including but not limited to COVID-19  coronavirus;
• traffic near car parks and associated risks;
• children running into the surf and the associated dangers. 

I have read and understood that the Minding Activity contains inherent risks to me and my child and that any of these risks could result in personal injury, illness, permanent disability, and death. I understand the demands of the Minding Activity and I appreciate the types of injuries that may occur as a result of activities and their potential impact on my and my child’s well-being and lifestyle. I confirm that my and my child’s participation is voluntary and that I knowingly assume all the above risks. 

Other current risks re Covid-19

I understand and acknowledge that:

• COVID-19 is extremely contagious and is believed to spread from person to person contact;
• the Minding Activity will involve close personal contact and Surfing Mums cannot guarantee my safety;
• I and my child may be exposed to or infected by COVID-19 during the Minding Activity and that such exposure or infection may result in personal injury, illness, permanent disability, and death;
• the risk of exposure and infection extends to anyone with whom I have close physical contact, including members of my household (partners, children, parents and others); and
• the risk of exposure and infection may result from the actions and omissions of myself and others, including, but not limited to, all people in contact with us.

I confirm that my participation (and that of my minor child) in the Minding Activity is voluntary and that I (and my child) knowingly assume all risks of COVID-19 above.

Health and Safety Rules

There is no obligation on me to participate in the Surfing Activity. Where I do participate, I represent and warrant that I have no health problems that would make participation unwise, and I possess a sufficient level of skill and fitness for safe participation. If I feel that surfing is beyond my ability on the day, or conditions are not suitable, or risks too high I acknowledge and agree that I must not participate, and will return to shore as soon as it is safe to do so. 

I further acknowledge and agree not to participate if I or my child have any COVID-19 symptoms. I may at any time be required to produce a medical certificate to Surfing Mums to confirm it is acceptable to participate in the Minding Activity.

I agree to the following prior to the Minding Activity. I agree that I must:

• notify my swap partner of any allergies or sensitivities for my child;
• discuss any sleep, feeding and/or play requirements with my swap partner; 
• ensure that, in all circumstances, a 1:4 volunteer/child ratio is adhered to and maintained (for children 5 and under); and
• participate in a 1:1 partner swap where even numbers are present.

During the Minding Activity I agree that I must:

• ensure all children are diligently supervised;
• not take children into the water at any time; 
• conduct myself in a manner consistent with the position as a positive role model to children;
• not smoke or use tobacco products;
• remain alert to the risk indicators of child abuse and immediately report suspected incidents to my Coordinator and, where required by law, to the relevant departments;
• inform my Coordinator immediately if I or my child suffer any COVID-19 symptoms.

I acknowledge and agree to: 

• maintain social distancing and good hygiene as much as possible; 
• immediately inform my Coordinator if there is any indication or hint of child abuse; 
• cease Surfing immediately if I feel any unusual discomfort (e.g., faintness, shortness of breath, high anxiety, chest pains) during participation or believe it to be unsafe;
• attempt only activities that I feel capable of performing safely.

In case of an emergency, you authorise Surfing Mums to:

• administer emergency first aid and/or CPR when deemed necessary by coaches, staff or volunteers;
• secure emergency medical care or transportation where Surfing Mums decide it is necessary; and
• seek any medical attention, treatment, surgery or administration of drugs by qualified and licensed medical personnel.

I further agree to assume all costs of emergency medical care and transportation.

Release and indemnity

In consideration of permission to participate in Surfing and Minding Activities, I on behalf of myself, my spouse, my heirs,  parents or guardians, personal representatives, and assigns [“Releasing Parties”]  release Surfing Mums from all Claims in relation to my and my child’s participation.  I also agree to indemnify Surfing Mums from and against any all Loss and damage arising out of or in connection with my participation, and my child’s participation or to third parties occasioned by, incident to, arising out of, or in connection with my or my child’s participation. 

 I have read this Agreement and understand that I am giving up substantial rights, including the right of both myself and the my child to sue for damages in the event of death, injury or loss. I  acknowledge that I am voluntarily making this agreement, and intend my signature or any tick box to be a complete release of all liability. 

Definitions: 

Surfing Mums means Surfing Mums and includes all its owners, directors, officers, sponsors, affiliates, employees, volunteers, independent contractors, equipment providers, agents.  Claims means any claim, under statute, tort, contract or negligence, any demand, award or costs, excluding any claims for gross negligence or wilful misconduct. Loss and Damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to any personal injury, death, negligence, trespass, property damage, loss of enjoyment and legal costs.