URBNSURF – EXCLUSION OF LIABILITY, ASSUMPTION OF RISK,WAIVER OF CLAIMS AND INDEMNIFICATION (the “WAIVER”).
PLEASE READ THIS DOCUMENT CAREFULLY. BY SIGNING IT, YOU ARE GIVING UP LEGALRIGHTS
I …………………………………… DOB: ……………… hereby agree as follows:

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DEFINITIONS:(a)“Built Environment” means the landscaped and open environment at the URBNSURF
Premises including all structures, buildings, equipment, machinery and associatedproperty.

(b)“Claim” means any present or future, actual or contingent, claim, cause of action,complaint, liability, demand, verdict, judgment, cost or expense arising either at law
or in equity or under any statute that any person or entity has or might have.

(c)“includes” means “including but not limited to”.

(d)“Loss” means loss (including direct losses and consequential or indirect losses)
awards, damages (including punitive, exemplary, special and incidental damages),
expenses (including legal expenses) and penalties.

(e)“personal injury” includes physical or mental injury to a person (including theaggravation, acceleration or recurrence of such an injury of the individual) or thecontraction, aggravation or acceleration of disease of a person.

(f)“Recreational Activities” means a sporting activity or a similar leisure time pursuit or
any other activity that involves physical exertion or physical risk undertaken at the
URBNSURF Premises, including but not limited to, surfing, bodyboarding,longboarding, stand-up paddle boarding, bodysurfing, swimming, wading, wave poolaccess, Skating Activities, carveboarding, jumping, running, sliding, climbing, use ofhire or personal equipment (including surfboards, skateboards, surf hardware, skate
hardware, wetsuits and surfing accessories, protective equipment and accessories,
as well as playground equipment), any other activities involving physical activity or
involving physical risk.

(g)“Skating Activities” means a sporting activity or a similar leisure time pursuit or otheractivity that involves physical exertion or physical risk undertaken at the URBNSURF
Premises, including but not limited to, skateboarding, inline skating, scooter riding,wheelchair skating, BMX riding, use of hire or personal equipment (including
skateboards, skate hardware, protective equipment and accessories) and othersimilar activities with wheeled apparatus involving physical activity or physical risk.

(h)“URBNSURF” means both URBNSURF Melbourne Pty Ltd ABN 30 617 135 298 and
URBNSURF Sydney Pty Ltd ABN 94 671 761 112 and includes all Related Body
Corporates (as defined in the Corporations Act 2001), together with all agents,
licensees, employees, officers and contractors engaged by URBNSURF.

(i)"URBNSURF Facilities" means the man-made surf park and Built Environment andskate park located at the URBNSURF Premises, including all associated or related
facilities (including, without limitation, the surfing lagoon and surrounding aquatic

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facilities, skate induction area, skate ramp(s), food and beverage premises, retailpremises, surf rental premises and surf training and fitness academy).
(j)“URBNSURF Premises” means both the URBNSURF Melbourne and Sydney surfparks, located at 309 Melrose Drive, Tullamarine VIC 3043 and P5 (Pod B, Hill Road,
Sydney Olympic Park, NSW 2127.

(k)2“Waiver” means this document.

RISK WARNING (GENERAL – ALL URBNSURF PREMISES):I ACKNOWLEDGE, UNDERSTAND AND AGREE THAT THE RECREATIONAL
ACTIVITIES, ATTENDING THE URBNSURF PREMISES AND USING THE URBNSURF
FACILITIES, INCLUDING BUT NOT LIMITED TO, THE MAN-MADE SURF PARK, SKATEPARK AND BUILT ENVIRONMENT, CAN BE DANGEROUS AND INVOLVE THE REALRISK OF PERSONAL INJURY, INCLUDING THE POSSIBILITY OF SERIOUS INJURIES,PERMANENT DISABILITY, DISEASE, AND DEATH.
Those risks may include, but are not limited to, the following:1.

breaking waves, breaking waves in shallow water, water flow, currents andundertow; water quality, filtration and processing; fluid or substance consumption;drowning; entanglement; impacts with the Built Environment, other guests and hireor personal equipment; collisions with the Built Environment, other guests and hireor personal equipment, shoreline and waves; slips, trips and falls; weather
conditions; exposure to the elements; use of hire or personal equipment (including
boards, surf hardware, wetsuits and surfing accessories, skateboards, skate
hardware, protective equipment and accessories); sustaining surfer’s myelopathy;
the contraction, aggravation or acceleration of a disease or other condition that
may be harmful to an individual or community (including, but not limited to, COVID19); and2.

as specific to the skate park and/or participation in Skating Activities,a)3459-5335-2748v1

collision between multiple participants or participants and obstacles,
skating activities equipment, including skate ramp(s), spectators and/or
URBNSURF employees or agents;b)falling off any equipment or the built environment, including skate ramp(s);c)

Skating Activities equipment can break or malfunction, even when being
used as intended;d)impacts, including being struck or hit, by equipment in use or being usedby other participants;e)

incorrect landing or falling, including while attempting manoeuvres and/or
tricks and falling off the course, skate ramp(s), and/or obstacles in theskate park;f)

Skating Activities injuries that may occur simply because of the nature of
the activity engaged in;g)negligence by other participants, resulting in injury to another, or others;h)the failure of equipment, obstacles, skate ramp(s) and/or the built
environment, including equipment loaned/hired to participants by
URBNSURF;

i)

notwithstanding the above, accidents with other participants, spectators,
obstacles, skate ramp(s) and/or equipment.

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I acknowledge, understand and agree that the description of the risks listed above is notcomplete, that participating in Recreational Activities is dangerous, includes other risks, andthat URBNSURF has made no representations to me in relation to a risk or as to the safetyor adequacy of Recreational Activities, the URBNSURF Premises or the URBNSURF
Facilities.
I acknowledge, understand and agree that participation in the Recreational Activities involve
the risks outlined in this Waiver, despite URBNSURF taking all reasonable care, and suchrisks constitute “inherent risk” for the purposes of the relevant legislation, including for the
purposes of section 5I of the Civil Liability Act 2002 (NSW) and section 55 of the Wrongs Act
1958 (VIC).
I acknowledge and understand that I have also considered and accept any further risks
which may arise due to any health condition(s) I have, including pregnancy.
I acknowledge, understand and agree that any equipment supplied by me may break or
malfunction as a result of any of the risks listed above, or even if used as intended, andacknowledge that no representations have been made to me in relation to the suitability of
the URBNSURF Premises or the URBNSURF Facilities for undertaking Recreational
Activities using the equipment I have supplied.
I understand that weather conditions can be extreme and, as a consequence, I undertake toensure that I will wear suitable clothing, wetsuits and protective safety gear and use
protective equipment and accessories, and acknowledge that no representations have been
made to me by URBNSURF as to the suitability of weather conditions, or the time of day, to
the Recreational Activities and/or attending the URBNSURF Premises and/or using the
URBNSURF Facilities.

2A

ADDITIONAL RISK WARNING (NSW)IN ADDITION TO THE MATTERS OUTLINED IN SECTION 2 ABOVE (“RISK WARNING(GENERAL – ALL URBNSURF PREMISES)”), IN RESPECT OF URBNSURF SYDNEY, I
FURTHER ACKNOWLEDGE, UNDERSTAND AND AGREE THAT:(a)

THE RECREATIONAL ACTIVITIES PROVIDED BY URBNSURF ARE ENGAGEDIN FOR THE PURPOSE OF SPORT, ENJOYMENT, RELAXATION AND/OR
LEISURE AND CONSTITUTE A “RECREATIONAL ACTIVITY” FOR THE
PURPOSES OF THE RELEVANT LEGISLATION, INCLUDING THE FOR THE
PURPOSE OF SECTION 5K OF THE CIVIL LIABILITY ACT 2002 (NSW).

(b)

THE RECREATIONAL ACTIVITIES, ATTENDING THE URBNSURF PREMISESAND USING THE URBNSURF FACILITIES, INCLUDING BUT NOT LIMITED TO,
THE MAN-MADE SURF PARK, SKATE PARK AND BUILT ENVIRONMENT, CAN
BE “DANGEROUS RECREATIONAL ACTIVITIES” WITHIN THE MEANING OFSECTION 5L OF THE CIVIL LIABILITY ACT 2002 (NSW) AND INVOLVE THE
REAL RISK OF PERSONAL INJURY, INCLUDING THE POSSIBILITY OF
SERIOUS INJURIES, PERMANENT DISABILITY, DISEASE, AND DEATH.

3

ASSUMPTION OF LIABILITY: By participating in Recreational Activities, attending the
URBNSURF Premises and/or using the URBNSURF Facilities, I understand the nature ofand voluntarily choose to, and expressly assume any and all responsibility, liability, risks anddangers in participating in Recreational Activities, attending the URBNSURF Premises
and/or using the URBNSURF Facilities, whether or not described above, known or unknown,inherent or otherwise.
I acknowledge and understand that, despite the risks, I freely and voluntarily participate in
the Recreational Activities at my own risk.

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I acknowledge that URBNSURF encourages all guests to hold current health, travel (asapplicable) and/or personal accident and injury policies of insurance with a reputable insurer
which provides cover for any property damage, personal injuries, disabilities or death, loss of
future income, future medical expenses, or for any other consequential loss suffered as aresult of any injuries, disabilities or death sustained as a consequence of participating in
Recreational Activities, attending the URBNSURF Premises and/or using the URBNSURF
Facilities.

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CODE OF CONDUCT: I undertake to participate in Recreational Activities, attend the
URBNSURF Premises and/or use the URBNSURF Facilities in a safe and controlledmanner, within any designated areas, and am responsible for my actions and for the actionsof those under my care and/or control.
I undertake that, in participating in Recreational Activities, attending the URBNSURF
Premises and/or using the URBNSURF Facilities, I will observe and follow all signs at the
URBNSURF Premises, comply with URBNSURF’s terms and conditions including thegeneral conditions of entry (“Terms and Conditions”), and follow all directions andinstructions provided to me by URBNSURF (including with respect to social-distancing
requirements, hygiene, health practices and other COVID-19 related measures). I
acknowledge and agree that it is my responsibility to observe and follow these directions
and instructions and URBNSURF will not be liable should I fail to do so.

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PHYSICAL CONDITION AND FITNESS: I certify that I have completed the “pre-waiver”
questionnaire, the answers I have provided are true and correct as of the date of thisWaiver, and that I will disclose to URBNSURF any changes to the answers provided assoon as reasonably practicable.
I undertake that I will not, prior to or while participating in Recreational Activities, consume
alcohol, use illicit or non-prescription drugs, or consume or use any substances that could
impair my physical or mental capability to undertake Recreational Activities, and agree thatsuch consumption or use will enable URBNSURF in its sole discretion to exclude me fromthe URBNSURF Premises with no entitlement to any refund or money paid for entry to the
URBNSURF Premises, use of the URBNSURF Facilities or participation in Recreational
Activities.
If I consume alcohol, use illicit or non-prescription drugs, or consume or use any substancesthat could impair my physical or mental capability to undertake Recreational Activities, I
assume and accept all risks, dangers and hazards that may result from this including thepossibility of serious injury, permanent disability, death and property damage and will
indemnify URBNSURF from any and all liability for any damage to property or personal
injury to any third party resulting from my participation in the Recreational Activities while,during or after such consumption or use.
I warrant that I have independently assessed the Recreational Activities, and I am, andcontinue to be, medically and physically fit and able to undertake Recreational Activities, andhave not been advised otherwise by a medical practitioner. I have not and will not rely on
any representation from URBNSURF that my physical and/or mental condition is sufficient toparticipate in Recreational Activities.
I warrant that I do not have any possibly relevant pre-existing medical, physical or mental
conditions, and these have not been disclosed to URBNSURF. I acknowledge that I have an
ongoing obligation to disclose any relevant changes in my medical, physical or mental
conditions to URBNSURF during or prior to each attendance at the URBNSURF Premises,
use of the URBNSURF Facilities, or participation in Recreational Activities.
I warrant that, if I have disclosed a possibly relevant pre-existing medical, physical or mental
condition, I have obtained clearance from a qualified medical practitioner that approves myattendance at the URBNSURF Premises, use of the URBNSURF Facilities and participation
in Recreational Activities.

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SURF-SKATE SAFETY VIDEO: I acknowledge and agree that I have watched the Surfskate safety video and will abide by the rules and instructions at all times while attending theskate park and/or participating in Skating Activities.

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EQUIPMENT AND FACILITIES INSPECTION: I undertake to independently inspectequipment, as supplied by me or loaned/hired at URBNSURF, before I participate in any
Recreational Activities and/or use of the URBNSURF Facilities.
I undertake to immediately advise URBNSURF of any unsafe condition that I have observed.
I undertake not to participate in the Recreational Activities and/or use the URBNSURF
Facilities unless and until I am satisfied upon my independent inspection that there are no
unsafe conditions present.
I undertake that I will supply or hire and wear protective equipment and accessories at all
times while participating in the Recreational Activities, attending the URBNSURF Premises
and/or using the URBNSURF Facilities, in accordance with all signs at the URBNSURF
Premises, the Terms and Conditions and the directions and instructions provided to me by
URBNSURF.
I understand and agree that I will wear a suitable helmet, enclosed shoes, t-shirt and shorts
at all times while in the skate park and/or participating in Skating Activities.

I understand that URBNSURF strongly advises the use of additional protective equipment,
including wrist guards and elbow and knee pads, while in the skate park and/or participatingin Skating Activities.
I acknowledge and accept that all URBNSURF’s precautions and services are reasonable,
provided in good faith and are not a guarantee of safety, including: helmet safety checks are
conducted visually, and URBNSURF does not directly supervise skating activities, andsupervision may be partial or absent at times.
I understand that any equipment supplied by me may break or malfunction as a result of use
in the URBNSURF environment.

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MEDICAL TREATMENT: I consent to receiving any medical treatment (including first aid
and CPR) that URBNSURF considers reasonably necessary during or after the Recreational
Activities while at the URBNSURF Premises.

9

EXCLUSION OF LIABILITY: I acknowledge and agree that to the maximum extent
permitted by law, URBNSURF expressly disclaims all liability for any Loss or damage toproperty, personal injury (including the contraction, aggravation or acceleration of a diseaseor other condition that may be harmful to an individual or community such as, but not limited
to, COVID-19) or death caused by or arising from my participation in the Recreational
Activities and all associated activities at the URBNSURF Premises (including attendance at
the facilities, use of the URBNSURF Facilities, playground equipment, lagoon-side hot tubs
and gym and/or fitness training equipment) whatsoever and howsoever arising.

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RELEASE AND INDEMNITY: I hereby release and discharge URBNSURF from all Claims
that I may hereafter have for any loss or damage to property, personal injury (including thecontraction, aggravation or acceleration of a disease or other condition that may be harmful
to an individual or community such as, but not limited to, COVID-19) or death resulting fromor in connection with my participation in the Recreational Activities and all associatedactivities at the URBNSURF Premises (including attendance at the facilities, use of the
URBNSURF Facilities, playground equipment, lagoon-side hot tubs and gym and/or fitnesstraining equipment) whatsoever and howsoever arising.
I indemnify and agree to keep URBNSURF indemnified from all Loss that I may suffer
arising fully or in part as a result of participation in and or in connection with the Recreational
Activities and all associated activities at the URBNSURF Premises (including attendance at
the facilities, use of the URBNSURF Facilities, playground equipment, lagoon-side hot tubs

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and gym and/or fitness training equipment) whatsoever and howsoever arising. This releaseand indemnity continues forever and binds my heirs, executors, personal representatives
and assigns.
I agree and permit URBNSURF to rely upon this document in any future claims, Court
proceedings or other disputes.

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012
If you sign this form, you will be agreeing that your rights to sue the supplier under the AustralianConsumer Law and Fair Trading Act 2012 are excluded, restricted or modified in the way set out inthis form, if you are killed or injured because the services provided were not in accordance with thestatutory guarantees outlined below.
Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply ofcertain goods and services. These guarantees mean that the supplier named on this form is required toensure that the recreational services it supplies to you –are rendered with due care and skill; and

are reasonably fit for any purpose which you, either expressly or by implication, make known
to the supplier; andmight reasonably be expected to achieve any result you have made known to the supplier.

In accordance with section 22 of the Australian Consumer Law and Fair Trading Act 2012, theexclusion of these statutory guarantees is brought to your attention by this form.
NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due togross negligence on the supplier's part. Gross negligence, in relation to an act or omission, means
doing the act or omitting to do an act with reckless disregard, with or without consciousness, for theconsequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair
Trading Regulations 2022 and section 22(3)(b) of the Australian Consumer Law and Fair Trading
Act 2012.

The following declaration must be completed by all participants.
DECLARATION BY PARTICIPANT (OVER 18)
I have read the above, been given the opportunity to ask questions, considered its effects, understandits contents, and agree to the terms as stated above for the purposes of all URBNSURF Premises andthe laws which apply in each respective State.
The information I have provided to URBNSURF both in this document and elsewhere is true andcorrect and I acknowledge that URBNSURF is entitled to rely on the information or representations
provided by or on behalf of me, including in respect of any discharge of liability.
By signing this form, I agree that my rights to sue URBNSURF (including, in relation to activities
conducted in the State of New South Wales, under s 5N of the Civil Liability Act 2002 (NSW) orotherwise) are excluded, restricted or modified in the ways outlined in this form, including because theservices have not been provided in accordance with any express or implied warranty that the services
will be rendered with reasonable care and skill.

Participant Signature …………………………………………………….

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PARTICIPANT UNDER 18 YEARS OF AGE OR WHO LACKS THE CAPACITY TO UNDERSTAND
THIS WAIVER (DUE TO A PHYSICAL, MENTAL OR OTHER DISABILITY)NOTE: Where a participant is under 18 years of age and/or who lacks the capacity to understand thisWaiver (due to a physical, mental or other disability) this form must also be signed by the participant’s
parent or legal guardian on their behalf.
I …………………………………. as the parent or legal guardian of ………………………………….
(Participant) have read and reviewed the above terms and agree to accept all terms on behalf of theParticipant in my capacity as parent or legal guardian of the Participant, for the purposes of all
URBNSURF Premises and the laws which apply in each respective State.
I agree to indemnify and keep indemnified URBNSURF with respect to all Loss suffered by
URBNSURF in relation to the Participant participating in the Recreational Activities or with respect to
any Claim brought against URBNSURF by any person (including the person signing this document) inrelation to, whether fully or in part, the participation of the Participant in any Recreational Activities at
URBNSURF, whatsoever and howsoever arising.
By signing the Waiver, I represent and warrant that I am either the parent or legal guardian of theParticipant and that the information I have provided to URBNSURF both in this document andelsewhere is true and correct. I acknowledge that URBNSURF is entitled to rely on the information or
representations provided by or on behalf of me, including in respect of any discharge of liability.
By signing this form, I agree that my and the Participant’s rights to sue URBNSURF (including, in
relation to activities conducted in the state of New South Wales, under s 5N of the Civil Liability Act
2002 (NSW) or otherwise) are excluded, restricted or modified in the ways outlined in this form,
including because the services have not been provided in accordance with any express or implied
warranty that the services will be rendered with reasonable care and skill.

Parent / Legal Guardian Signature…………………………………………………….

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