This agreement applies to Port Stephens Kayak and Stand-Up Paddle, Kayak/SUP hire and guided kayak tours. Please read it carefully before participating. By signing, I confirm that the information I provide is true and correct and that I agree with the conditions, safety requirements, risk warnings and acknowledgements below.

IMPORTANT RISK WARNING Kayaking and stand-up paddleboarding are recreational activities involving inherent risks. These may include falling into or entering the water, capsizing, collision, difficulty getting in or out of equipment, physical strain or injury, changing weather, wind, waves, choppy water, rips and tidal currents, exposure to sun/cold, marine life or environmental hazards, equipment-related incidents, illness or medical emergencies, and in serious cases severe injury or death. A guided kayak tour may be up to 10km and may involve paddling some distance from shore.

HIRE CONDITIONS 1: I acknowledge that myself, and all occupants of equipment must wear the PFD (Life Vest) provided on a kayak under NSW Maritime Law, and/or wear the provided leg leash on Stand-Up Paddle Boards as per governed by Surfing Australia.

2: I acknowledge that I will not carry on the EQUIPMENT, more than the maximum number of people authorised by Port Stephens Kayak and Stand Up Paddle as per listed: Single Kayak = 1 Adult + 1 Child Under 7 yrs, Double Kayak = 2 Adults + 1 Child Under 7 yrs, Inflatable Stand Up Paddle Board = 2 Adults- Max Total Body Weight 140kg, Hard Stand Up Paddle Board = 2 Adults- Max Total Body Weight 120kg, Hybrid Kayak/SUP = 2 Adults + 1 Child Under 7 yrs.

3: I agree that I shall be wholly responsible for the HIRE EQUIPMENT, ITS PASSENGERS, AND THIRD PARTIES during the period of hire, shall exercise due care, and accept responsibility during same period toward any incident that may occur. I will REIMBURSE Port Stephens Kayak and Stand-Up Paddle in the event of any loss or damage to the EQUIPMENT, or to any other person or property.

4: I acknowledge that a Port Stephens kayak and Stand-Up Paddle Staff Member will explain to me THE OPERATING AREA applicable to the equipment, my paddling experience, and sea condition, and that I shall not take the hire equipment beyond the boundaries indicated.

5: I agree to RETURN THE EQUIPMENT TO THE POINT OF HIRE and my failure to do so will incur a $10.00 COLLECTION FEE (per item) payable to Port Stephens Kayak and Stand-Up Paddle.

6: I agree to pay additional fees as per Port Stephens Kayak and Stand-Up Paddle pricing schedule, for any late returns and time over above the agreed period. A minimum charge of 30 minutes will be levied for any late returns.

7: I acknowledge that there are NO REFUNDS for early returns.

8: I acknowledge that hirers are responsible for the manual carrying and handling of the hired equipment, and/or shall assist Port Stephens Kayak and Stand-Up Paddle staff in carrying when necessary.

9: I acknowledge that Port Stephens Kayak and Stand Up Paddle reserves the right to refuse or cancel any rental, if they believe a participant poses a risk to themselves or others.

10: I acknowledge that all participants must wear clothing appropriate for a water sport (swimwear, quick dry clothing).

11. I accept responsibility for my personal belongings, whether carried on the water or left with Port Stephens Kayak and Stand Up Paddle, at my own risk.

TOUR & PARTICIPATION CONDITIONS I/we will not hold Port Stephens Kayak and Stand-Up Paddle, its staff and volunteers liable for any personal loss or injury sustained or damage to personal property during any of our tours and/or hire. I/we give permission for First Aid to be administered by qualified staff when deemed necessary. I confirm that I am physically able to participate and have disclosed any medical condition, injury, medication or other matter that the Tour Guide and/or Rental Attendant should know about. I will follow all written and verbal instructions given by Port Stephens Kayak and Stand-Up Paddle staff. I understand that Port Stephens Kayak and Stand-Up Paddle may refuse, cancel, shorten or alter participation where staff consider this necessary for safety, including because of weather, water, participant ability, equipment or other operational conditions. Where appropriate, I will not participate if I am affected by alcohol or any substance that may impair my ability to participate safely. RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK & INDEMNITY I acknowledge that the hiring of the EQUIPMENT and participation in the activity is entirely at my OWN RISK and that I, or any member of my participant party shall indemnify Port Stephens Kayak and Stand-Up Paddle and its employees, of any incident, injury, loss or damage to any person or property during the period of hire or participation. I acknowledge that I have been informed of the inherent hazards and risks associated with the activity and understand that these risks can potentially lead to severe injury or loss of life. I also acknowledge that all potential hazards related to the hire of EQUIPMENT may not be explained to me. Despite these dangers, I freely accept all associated risks and dangers that may arise from the activity which could result in personal injury, loss of life, and property loss/damage to me or any other person.

I have read and understand this agreement. By signing this agreement, I agree to the conditions above and will ensure that all occupants of the HIRE EQUIPMENT comply with reasonable instructions issued by Port Stephens Paddlesports staff. I acknowledge that any occupant deemed to be acting dangerously or irresponsibly (solely at the discretion of Port Stephens Paddlesports) during the hire period may cause the hire duration to be cancelled without refund.

IMPORTANT: Any person under 18 years of age must have a parent or guardian sign on their behalf.