Safety & Waiver Information

IMPORTANT: This document outlines the terms and conditions for participation in activities provided by Be Water. It includes a Risk Warning pursuant to the Civil Liability Act 2002 (NSW).

1. Risk Warning & Acknowledgment

The Participant (or their legal parent/guardian) acknowledges that surfing and ocean-based activities are dangerous recreational activities that involve significant risks, including but not limited to:

• Physical injury, permanent disability, or death.

• Drowning or near-drowning.

• Collisions with surfboards, other participants, watercraft, or the seabed.

• Natural hazards such as dangerous waves, rips, currents, tides, rocks, reefs, and marine life (including sharks and stingers).

The Participant acknowledges that these risks are “obvious risks” and voluntarily chooses to participate despite these dangers.

2. Participant Requirements & Safety

• Physical Fitness: The Participant confirms they are physically fit, can swim at least 50 meters in open water, and have no medical conditions that make it unsafe to participate.

• Sobriety: The Participant must not be under the influence of alcohol or illicit drugs.

• Instructions: The Participant agrees to follow all safety briefings and instructions provided by Be Water staff. Failure to comply may result in immediate removal from the activity without refund.

• Emergency Care: The Participant authorizes Be Water to seek medical assistance or ambulance transport at the Participant’s expense if deemed necessary.

3. Liability Release & Australian Consumer Law

To the maximum extent permitted by the Civil Liability Act 2002 (NSW), Be Water, its directors, and instructors are released from all liability for death or personal injury arising from the services provided.

This agreement does not exclude, restrict, or modify any rights The Participant may have under the Australian Consumer Law that cannot be excluded by law. However, liability for a breach of a consumer guarantee relating to the supply of recreational services is limited to the maximum extent permitted by law.

4. Governing Law

This agreement is governed by the laws of New South Wales, and any disputes shall be subject to the exclusive jurisdiction of the courts of NSW.

5. Method of Acceptance

This document is for informational purposes as a record of the terms of service. Acceptance of these terms occurs at the time of booking. By ticking the “I accept” box on the Be Water reservation form (Calendly), The Participant confirms they have read, understood, and agreed to be legally bound by these terms.

Last Updated: 13 April 2026