Hire agreement & waiver template.
Your company, the clauses you need, a form your customers can sign. Then have it checked by a local lawyer.
Hire, consumer and liability law differ between states and territories. This template is a starting point we wrote in plain words; we make no claim that it is valid or enforceable where you operate.
Template, not legal advice — have it checked by a local lawyer. Opens the print dialog: choose “Save as PDF”, or print straight away. Print at 100 %.
Two Australian rules worth knowing
Brief every hirer before they take control
For hire and drive vessels, AMSA's Marine Order 504 says a briefing covering the matters in your risk assessment is given to each hirer and participant before they take control of a vessel — or a hirer at the briefing agrees to brief the others who may drive (Schedule 2, cl. 6). The declaration “understood the safety briefing” on the agreement records it.
Marine Order 504 (2024), Schedule 2, cl. 6 · www.legislation.gov.au/F2024L01458/latest/text · 2026-10-18Privacy: many small businesses are not covered
The OAIC says most small businesses (annual turnover of $3 million or less) are not covered by the Privacy Act 1988, but some are. If yours is, Australian Privacy Principle 5 says what to tell people when you collect their personal information. The data clause covers the basics either way.
OAIC — Small business · www.oaic.gov.au/privacy/privacy-for-organisations/small-business · 2026-10-18Official sources, checked 2026-10-18. State and territory hire rules come on top (Boat hire rules in Australia) — and that is what the lawyer is for.
Questions
Is this hire waiver legally binding?
We can't tell you that, and nobody can without knowing your state and your business. It's a template, not legal advice: have a local lawyer check it and adapt it before you use it.
What should a watersports hire agreement include?
Typically who hires (identity and contact), what (craft and equipment), when (start and return time), where (the allowed area), the hirer's declarations (swimming, experience, health), the safety rules (lifejacket), damage, weather and recall, liability, and how you use their personal data. Tick what you need.
Can a waiver exclude all liability?
The Australian Consumer Law and state laws set what a waiver can and cannot do, and recreational services have their own rules. The template only limits liability to the extent the law allows. A lawyer can tell you what applies in your state.
Can customers sign it on their phone?
This template is for paper. A digital hire agreement, signed in the VesselSOS app, is planned for Fleet (SOON).
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