Please read this liability waiver carefully before ticking the waiver box. Kayaking, stand-up paddleboarding, glass-bottom kayaking, beach launching, shallow water entry, reef viewing, and guided water activities involve inherent risks. These risks can exist even when staff, equipment, and conditions appear safe.
1. Risk warning
I acknowledge that participating in kayak hire, stand-up paddleboard hire, glass-bottom kayak tours, beach and water activities may involve obvious and inherent risks. These may include, but are not limited to:
- falling into water, capsize, collision, slips, trips, falls, cuts, bruising, sprains, fractures, impact injuries, panic, fatigue, hypothermia, heat stress, sunburn, dehydration, seasickness, drowning, serious injury, or death;
- changing weather, wind, waves, tides, currents, swell, shallow water, rocks, reef, sandbars, marine life, vessels, swimmers, other paddlers, and reduced visibility;
- equipment failure, incorrect use of equipment, loss of balance, lack of skill, overexertion, failure to follow instructions, and actions of other participants or members of the public;
- damage to or loss of personal property, including phones, keys, cameras, glasses, clothing, jewellery, watches, and other valuables.
2. Voluntary participation
- I voluntarily choose to participate, or to allow the people in my booking party to participate, knowing these risks.
- I confirm that I and the participants in my booking party are physically and mentally capable of taking part safely.
- I confirm that I have disclosed any medical, physical, swimming, fitness, mobility, balance, medication, or other issue that may affect safety.
3. Responsibility for my booking party
- I am the person responsible for the booking and for the accuracy of the information supplied.
- I accept responsibility for my own conduct and, where I book for minors or other people, I agree to make them aware of these risks, terms, safety rules, and staff directions.
- I accept responsibility for ensuring minors are supervised by a responsible adult at all times while on or near the water.
- I agree that no participant will take part while affected by alcohol, drugs, illness, fatigue, or anything that may impair safe participation.
4. Agreement to follow safety directions
- I agree to follow all Easy Kayaks instructions, safety briefings, paddling boundaries, weather decisions, launch and return instructions, staff directions, and equipment-use rules.
- I agree to wear and correctly use any personal flotation device or safety equipment supplied or required by Easy Kayaks.
- I agree to stop participating and return to shore if directed, or if I believe conditions are unsafe.
5. Release, indemnity, and limitation of liability
- To the maximum extent permitted by law, I release Easy Kayaks, its owners, employees, contractors, guides, agents, and representatives from liability for injury, loss, damage, cost, or expense arising from my participation or the participation of people in my booking party, except to the extent the law does not allow such liability to be excluded.
- To the maximum extent permitted by law, I agree to indemnify Easy Kayaks against claims, costs, damage, or loss caused by my actions, omissions, breach of instructions, misuse of equipment, failure to supervise minors, or failure to disclose relevant information.
- I understand that this waiver is intended to make me responsible for my own actions and for the people I book for, both online when submitting the booking request and in person when participating.
6. South Australian recreational services notice
Where permitted under South Australian law, a supplier of recreational services may ask a consumer to agree to exclude, restrict, or modify liability for personal injury arising from recreational services. You do not have to agree to exclude, restrict, or modify rights unless you choose to proceed with the booking and participation. Nothing in this waiver excludes rights that cannot legally be excluded.
7. Confirmation
By ticking the liability waiver checkbox, I confirm that I have read this waiver, understand the risk warning, accept responsibility for my actions and my booking party, and agree to the waiver to the maximum extent permitted by law.