Terms & Conditions

‘Ondas Adventures’ - USER AGREEMENT Parties: This is an agreement between Ondas Adventures and You.

Definitions: “We”, “Us” or “OA” means Ondas Adventures (ABN: 26 672 470 825).
“You” means the person using the Services or the parent or guardian that signs this document. “Services” means surfing lessons and fitness training.
“Related Parties” includes employees, affiliates, subsidiaries, agents, associates, partners, directors. “Content” means any films, sound, or other recording of the Services with or without identifying You.

Agreement: OA will provide you with the Services.

Acknowledgments: You acknowledge the Services are recreational sporting activities as defined in s 139A (2) of the Competition and Consumer Act 2010 (CCA). Section 139A (2)(b)(i) of the Act provides that a sporting activity or a similar leisure time pursuit inherently “Involves a significant degree of physical exertion or physical risk”. Whilst we provide our Services using a commercially reasonable level of ‘due skill and care’ and strive for the highest quality in everything we do, there are certain things we cannot promise or predict in regard to our Services. You further acknowledge that OA does not make any specific promises about any services, whether about the specific functions of such services, their reliability, quality, availability or ability to meet your specific needs or otherwise, or that they will be uninterrupted or error-free.

Indemnity: You indemnify and hold OA and its Related Parties harmless from any and all claims, actions, costs, damages, penalties, fines, demands, losses, liabilities and expenses (including attorneys' fees and court costs) arising out of or in connection with your use of the Services, any breach of this agreement or any law by You including your violation of the rights of any third party and the use by OA of the Content.

Risk Waiver: To the fullest extent permitted by law, You hereby waive and agree to waive any right to hold OA and its Related Parties liable for any claims resulting from or in any way related to your use of our Services. You accept the above acknowledgements and that the risks are not always obvious, and they may cause property damage, injury or even death to you or others. By using our services, you agree that: (a) it is your responsibility to use our services safely and that the entire risk arising out of your use of the services is yours and yours alone. (b) if You are injured or die and that injury or death is caused by or as a result of OA’s negligence, that You give up any rights in law that You may have to sue for that injury. (c) You are responsible for any harm you cause to other people or property. In all cases, OA will not be liable for any loss, damage and injury that is not reasonably foreseeable. You hereby waive any and all claims, including those in contract, tort (including negligence), statutory and/or any other grounds, even if OA have been advised of the possibility of such claims.

Declaration: You declare and confirm that You are physically fit and healthy, and that You have no relevant medical conditions or injury that could be adversely affected by recreational activities. Relevant medical conditions include, but are not limited to: Asthma, Epilepsy, Pregnancy, Heart Conditions, any pre-existing condition or injury.

Consent: You consent to receive medical treatment which may be deemed necessary by OA in the case of injury, accident or illness during the course of undertaking the Services and indemnify OA in respect of such medical treatment.

Signing: You acknowledge having read this agreement and fully understand its terms. You understand that You have given up substantial rights by signing it, and sign it freely and voluntarily without any inducement.