Adventure Gear Addendum

These extra terms apply whenever higher-risk gear is listed or hired: kayaks, stand-up paddleboards (SUPs), surfboards, bodyboards, snorkel sets, bikes, e-bikes, bike trailers, skis, snowboards and toboggans. If they conflict with the main agreements, these terms win.

Risk warning

Using this gear is a dangerous recreational activity. Obvious risks include drowning, capsizing, cold water, rips, waves, wind, tides and currents; falls, collisions and mechanical failure; and trees, ice and other people on the snow. These can cause serious injury or death. Renters read a plain-English risk warning for the gear they're hiring and tick to accept it before their booking is sent, and Four Swags records when they did.

The owner must

1. Keep the gear in safe working order and check it before every hire: nothing cracked, worn, loose or leaking that makes it unsafe.
2. For kayaks and SUPs, supply a life jacket for each paddler, in good condition and suited to Australian waters (an Australian Standard label, such as AS 4758), and upload a photo of it. Four Swags checks kayak and SUP listings before they go live.
3. For bikes and e-bikes, check the brakes, tyres, gears and quick-releases, and for e-bikes the battery and charger, before every hire. Say in the listing whether helmets are included.
4. For snow gear, check edges, bases, bindings and straps. Ski bindings must be set for each skier by a ski shop; don't set them yourself unless you're qualified.
5. Give the renter a safety briefing at pick-up (how to use it safely, the risks, and what to do if something goes wrong), and both sign it off in the pick-up checklist.
6. Not hand the gear over if you believe the renter or their group can't use it safely, and tell Four Swags.

The renter must

1. Read and accept the risk warning before booking, and share it with everyone in their group who uses the gear.
2. On the water: everyone wears a life jacket, done up, the whole time; check the weather and water conditions first; stay close to shore and within their ability; never paddle alone, after dark, or after alcohol or drugs; and follow their state's boating rules and local signs.
3. In the surf: swim at patrolled beaches between the flags where possible, never go alone, use the leash, and stay within their ability.
4. On a bike: every rider wears an approved, correctly fitted helmet; check the brakes and tyres before each ride; and follow the road rules and trail grades.
5. On the snow: wear a helmet, have ski bindings set at a ski shop before use, follow the Alpine Responsibility Code and resort rules, and toboggan only in marked areas.
6. Make sure each person using the gear can swim (for water gear), suits the gear's size and skill level, and is supervised if under 18.
7. Stop using the gear and tell the owner and Four Swags straight away if it becomes unsafe.

Responsibility

Four Swags runs the marketplace and doesn't supervise activities. To the extent the law allows, Four Swags and owners aren't liable for injury, loss or damage caused by the obvious risks of these activities, by misuse, or by ignoring this addendum, the risk warning or the safety briefing. Nothing in this addendum excludes rights under the Australian Consumer Law that can't be excluded. [Lawyer to confirm this wording against each state's civil liability laws (risk warnings and dangerous recreational activities) and section 139A of the Competition and Consumer Act.]

Pausing higher-risk gear

Four Swags may pause listings and new bookings for any higher-risk gear at any time, for example while insurance is arranged. Existing bookings carry on unless it's unsafe to do so.