LIABILITY WAIVER AND RELEASE

I the Participant

HEREBY WAIVE AND RELEASE, indemnify, hold harmless and forever discharge Stoked Headquarters Pty Ltd (including its surf coaches, instructors, videographers, and all other staff), its agents, employees, officers, directors, affiliates, successors and assigns, from any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages, and liabilities, arising from or related to my participation in surf coaching, retreats, video analysis sessions, and any activities conducted by Stoked Headquarters Pty Ltd, provided that this waiver does not apply to any acts of gross negligence or intentional, wilful, or wanton misconduct.

Parties

This agreement is between Stoked Headquarters Pty Ltd (“Stoked HQ”, “we”, “our”) and the undersigned Participant (“I”, “me”, “my”).

Acknowledgement and Acceptance

By signing or ticking “I Agree,” I confirm that I have carefully read, understood, and voluntarily accept this Liability Waiver and Release Agreement (“Agreement”).

I understand that participation in Stoked HQ’s activities involves inherent risks that could result in serious injury, illness, property damage, or death.

I voluntarily assume all such risks and responsibilities.

Services Covered

This Agreement applies to all activities provided by or through Stoked HQ, including but not limited to:

  • Surf Filming (land or water-based)

  • Surf Coaching (Land, Water and online)

  • Video Analysis Sessions (in-person or online)

  • Fitness, Warm-up, and Mobility Training

  • Recreational Activities during Retreats

  • Workshops, Events, and Group Sessions

  • Forecast Reading and Surf Condition Guidance

These activities are collectively referred to as “Services.”

Filming and Educational Use

I understand that filming and photography are essential parts of Stoked HQ’s Services for coaching and analysis.

I give permission for Stoked HQ and its Service Providers to capture, store, and use this footage for educational and feedback purposes only.

Marketing and promotional use are covered under a separate Media Consent and Release Agreement.

Nature of Advice

I understand that all guidance, coaching, analysis, and recommendations (including surf location, conditions, or equipment advice) are general educational suggestions, not guaranteed instructions or safety assurances.

I take full responsibility for how I interpret and apply all coaching feedback.

Risk Assumption

I acknowledge that the activities may include, but are not limited to:

  • surfing, swimming, paddling, entering the surf zone, skateboarding, exercise, and travel to/from surf or retreat locations.

  • I understand and accept the risks of:

  • Drowning, collisions, and impact injuries

  • Marine life encounters

  • Equipment-related injuries (board, fins, leashes, etc.)

  • Environmental hazards (rips, reefs, rocks, tides, or changing weather)

  • Slip/fall injuries during land-based sessions

  • Physical strain or medical events due to exercise

I voluntarily assume all risks—known or unknown—arising from participation in Stoked HQ Services.

Release of Liability

To the maximum extent permitted by law, and subject to Stoked HQ's duty of care obligations, I waive, release, discharge, and hold harmless Stoked HQ, its staff, directors, contractors, agents, affiliates,

successors, and assigns, from all claims, demands, actions, or liabilities arising from my participation in any Service, including but not limited to:

  • Surf Coaching and Filming (land or water-based)

  • Video Analysis and Feedback (in-person or online)

  • Physical or Mobility Training

  • Workshops and Retreat Activities

  • Online coaching and digital platform usage

  • Travel to and from surfing locations

  • Equipment use and handling

  • Environmental and ocean-related risks

This release covers all claims for:

  • Personal injury or death

  • Property damage or loss

  • Mental or emotional distress

  • Financial loss or damage

  • Any other losses or damages, whether known or unknown

Exceptions and Limitations:

This release does not apply to claims arising from:

  • Gross negligence or willful misconduct by Stoked HQ

  • Breach of duty of care in service provider selection and oversight

  • Statutory rights that cannot be waived under Australian law

  • Intentional or unlawful acts

Third-Party Service Providers

I understand that Stoked HQ may engage independent contractors and service providers ("Service Providers") to deliver aspects of its Services, including but not limited to:

  • Surf schools and instructors

  • Fitness and mobility trainers

  • Video analysis platforms

  • Online coaching tools

  • Digital payment processors

  • Cloud storage services

Provider Selection and Oversight

I acknowledge that Stoked HQ:

  • Maintains a documented process for evaluating and selecting Service Providers;

  • Verifies essential qualifications, certifications, and insurance where applicable;

Regularly reviews provider performance and participant feedback;

  1. Takes reasonable steps to ensure providers meet safety and quality standards.

Liability and Responsibilities

I understand and agree that:

  • While Stoked HQ exercises due diligence in selecting and monitoring Service Providers, it cannot guarantee their performance or conduct;

  • Each Service Provider maintains operating procedures, and terms of service;

  • I must review and accept any additional terms required by Service Providers before participation;

  • Stoked HQ's liability is limited to its reasonable duty of care in provider selection and oversight;

  • I assume the inherent risks of participating in activities delivered by Service Providers;

  • Any claim relating to Service Provider conduct must first be raised with Stoked HQ to allow reasonable opportunity for resolution.

Digital Services and Data Protection

For online and digital Service Providers, I acknowledge that:

  • Stoked HQ selects platforms that maintain appropriate security and privacy standards;

  • My personal information and content may be processed through these platforms;

  • Each platform operates under its own terms of service and privacy policy;

  • Stoked HQ cannot guarantee the security or performance of third-party digital systems;

  • I accept the inherent risks of using online platforms for service delivery.

  • For any questions or to request access or correction of personal information, participants can contact hello@stokedhq.com.au

Filming and Content Rights

I hereby acknowledge and agree that:

  • Filming and photography are integral components of Stoked HQ's coaching methodology;

  • I grant Stoked HQ permission to capture, store, analyze, and use footage of me for coaching and educational purposes;

  • This content may be shared through secure third-party platforms for analysis and feedback;

  • Any promotional or marketing use requires separate written consent;

  • I retain the right to request deletion of my footage, subject to reasonable retention periods for coaching records.

Third-Party Service Provider Liability

I understand and accept that:

  • Stoked HQ may engage various third-party providers to deliver its Services;

While Stoked HQ exercises due diligence in selecting providers, it is not liable for their actions, omissions, or systems;

  • Each third-party provider may have additional terms and conditions that I must review and accept;

  • My use of any third-party platform or service is subject to that provider's terms and privacy policies;

  • Stoked HQ's liability is limited to its direct Services and does not extend to third-party platforms or providers.

  • For any questions or to request access or correction of personal information, participants can contact hello@stokedhq.com.au

Medical Disclosure and Fitness

  • I declare that I am in good health, physically fit, and competent to participate in surf-related activities, including swimming in open ocean conditions and where requiered perform a surf related test to assess the required skill level.

  • If I have any injury, disability, medical condition, or medication that could increase my risk, I will disclose this to Stoked HQ before participating.

  • I authorise Stoked HQ to seek emergency medical treatment if necessary and accept full financial responsibility for associated costs.

  • Stoked HQ may require a Medical Disclosure Form or doctor’s clearance before participation. Failure to disclose relevant information may result in exclusion from Services.

Conditions Assessment and Location Changes Pre-Session Obligations

I hereby agree and undertake to:

  • Arrive at the designated location no less than 30 minutes prior to the scheduled session start time for the express purpose of assessing surf conditions;

  • Conduct a personal assessment of surf conditions to determine their suitability for my skill level and safety;

  • Review multiple surf forecast platforms and local reports before departing for any session;

  • Immediately notify Stoked HQ if I deem conditions unsuitable or unsafe for my participation.

Session Modifications and Alternatives

  • I acknowledge and accept that Stoked HQ maintains the absolute right, at its sole discretion, to:

  • Cancel, postpone, or relocate any session due to unsafe, unsuitable, or extreme conditions;

Determine whether refunds or rescheduling will be offered;

  1. Modify session duration to accommodate location changes;

  2. Substitute water-based activities with alternative training, including but not limited to: - Land- based coaching - Surf forecasting instruction - Wave analysis - Physical conditioning - Video review - Performance assessment

Risk Assumption and Liability

I hereby acknowledge, understand, and agree that:

  • Surf conditions are inherently unpredictable and beyond Stoked HQ's control;

  • The final decision to enter the water rests solely with me;

  • Any advice provided by Stoked HQ regarding conditions or locations is purely advisory and does not constitute a guarantee of safety or suitability;

  • I assume full responsibility and all risks associated with my decision to participate in any surfing or related activities;

  • Stoked HQ bears no liability for my choice to surf at any location;

  • No refunds or credits will be issued for: - Unsuitable surf conditions - Weather changes - Personal decisions not to participate

Conduct and Behaviour

  • I agree to behave respectfully and inclusively toward all staff, participants, and community members.

  • Stoked HQ may terminate my participation, without refund, for behaviour that compromises safety, wellbeing, or dignity (including harassment, discrimination, or refusal to follow safety instructions).

Continuing Effect

This waiver applies to all future participation in Stoked HQ Services and remains valid unless revoked in writing.

It supersedes any prior agreements related to the same activities.

Governing Law

The laws of the State of Victoria, Australia govern this Agreement.

Declaration

I have read and understood this Agreement. I am signing it freely and voluntarily, without inducement, and acknowledge it is a complete release of liability to the fullest extent of the law.