Equipment Rental Agreement & Risk Acknowledgement

DRAFT — for review before customer use. This page does not collect or store signatures.

BrisKites Equipment Rental Agreement & Risk Acknowledgement

Rental: kitesurfing or wing foiling. Hire fee: $190 AUD per day. Refundable security bond: $250 per rental, separate from the hire fee.

1. Rental details

Renter’s full name: ____________________
Email and phone: ____________________
Booking/order reference: ____________________
Activity: ____________________
Rental date(s): ____________________
Collection and return times/place: ____________________
Equipment, sizes, serial numbers and accessories: ____________________

2. Experience and eligibility

I confirm that I am experienced in my chosen activity, can swim confidently, and can operate the hired equipment independently, including relevant safety systems and self-rescue procedures. I understand this hire does not include lessons, supervision or a rescue service. I will tell BrisKites before collection about anything affecting my ability to use the equipment safely. If I am under 18, I must disclose this before booking; a parent/guardian and BrisKites must agree suitable arrangements before any equipment is released.

3. Booking and handover

Bookings require at least three days’ notice and confirmation of equipment availability by BrisKites. Before release, I must present photo identification for verification, pay the hire fee and $250 bond, and complete this agreement. BrisKites and I will check and record the equipment’s condition, including photographs. I will identify any existing damage or missing accessories at handover.

4. Risk acknowledgement

I understand kitesurfing and wing foiling involve risks including strong or changing winds, gusts, currents, waves, deep water, drowning, entanglement, loss of control, collisions, impacts with equipment or hydrofoils, submerged hazards, weather exposure, serious injury and death. I voluntarily choose to participate with an understanding of these risks. I will assess the conditions and location, remain within my ability, follow applicable rules and use appropriate safety equipment. I will not ride while impaired by alcohol or drugs or continue when conditions exceed my ability.

5. Equipment care and use

I will use equipment only for its intended purpose, follow the handover instructions, secure it against theft or loss, and not lend or sub-hire it. I will avoid dragging equipment, grounding a foil or exposing equipment to avoidable damage. I will stop using equipment if damaged or unsafe and promptly notify BrisKites of any incident, loss, defect or damage. I will not arrange repairs without agreement. Equipment and accessories must be returned at the agreed time and in the agreed condition, allowing for normal wear.

6. Bond, damage and loss

The $250 bond is security, not a damage waiver or insurance payment. Normal wear is not charged. I am responsible for reasonable, evidenced loss or damage caused by my misuse, negligence or breach of this agreement, to the extent permitted by law. I am not responsible under this clause for pre-existing damage, inherent defects or loss caused by BrisKites’ fault.

BrisKites will inspect equipment on return and refund the bond after that inspection if there is no amount properly owing. Any proposed deduction must be explained, with supporting photographs and repair estimates, invoices or other evidence, and an opportunity for me to respond. Charges must reflect reasonable actual loss, consider the equipment’s age and condition, and avoid double recovery. Any undisputed bond balance will be returned promptly. A disputed amount will be dealt with through discussion and, if necessary, the appropriate dispute process.

The bond does not cap responsibility for a substantiated amount exceeding $250. Any additional amount will be separately itemised and invoiced. Signing this agreement does not authorise an unrestricted future charge to my payment card.

7. Consumer rights and liability

Nothing in this agreement excludes, restricts or modifies rights or remedies that cannot lawfully be excluded, including applicable Australian Consumer Law guarantees. The risk acknowledgement is not a blanket release of BrisKites from all liability. Any proposed recreational-services liability exclusion or indemnity must be separately reviewed for the actual rental arrangement before being added.

8. Records and privacy

Identification is checked to verify the renter. A full ID copy is not required by this agreement. Contact details, the signed agreement and equipment-condition records are used to administer the rental and resolve any claims, in accordance with BrisKites’ privacy policy.

9. Renter declaration

I have read and understood this agreement, had an opportunity to ask questions, and confirm my information and experience declaration are accurate. I understand the $190 daily hire fee, the separate $250 refundable bond and the damage/loss provisions.

Renter signature: ____________________
Date/time: ____________________
BrisKites handover representative: ____________________

Return record

Returned at: ____________________
Condition and accessories checked: ____________________
Bond refund / proposed deduction and evidence: ____________________
Renter / BrisKites acknowledgement: ____________________