Water Sports Equipment Hire Terms & Conditions for Sydney Harbour Surf Club
EQUIPMENT HIRE TERMS & CONDITIONS
These Equipment Hire Terms and Conditions (Terms) are between Sydney Harbour Surf Club (ABN 53 627 506 647), its successors and assignees, (referred to as “we”, “us” or “our”) and you, the person, organisation or entity that purchases services and related products from us (referred to as “you” or “your”), and collectively the Parties. These Terms apply to all sales made by us to you.
These Terms form the agreement under which we will provide equipment hire services and related products to you. Please read these Terms carefully. If you have any questions, please contact us using the contact details below, before you purchase our services or related products from us. We may provide the services to you using our employees, contractors and third party providers, and they are included in these Terms.
- Application & Acceptance:
(a) You accept these Terms by applying to hire equipment from us. Your application indicates that you have had sufficient opportunity to access these Terms and contact us, that you have read, accepted and will comply with these Terms, and that you are 18 years or older, or have the consent of a legal guardian who is 18 years or older.
(b) You cannot hire equipment from us if you are under 18 years of age or do not have the consent of a legal guardian who is 18 years or older. If you do not agree to these Terms, you should not apply to hire equipment from us.
- Equipment Hire:
(a) You may apply to hire equipment from us by agreeing to this form. We may at our discretion accept or reject your application depending on factors including availability of the equipment and our ability to validate payment for the services.
(b) It is your responsibility to check your details, including pricing, before you apply for this membership or pricing option.
(c) We will provide you with confirmation of your equipment hire, including the time of hire and length of the hire period when your payment has been validated.
(d) A binding agreement comes into existence between you and us once we have confirmed your equipment hire as a weekly membership for a period of 52 weeks.
(e) It is your responsibility to book into your classes via the Sydney Harbour Surf Club app. The classes will be available for booking through the schedule 30 days in advance
(f) If you cannot make your weekly paddling classes you will still be charged your weekly membership.
(g) You can cancel your equipment hire contract at any time, your cancellation will apply from the next payment week.
(h) You can pause your equipment hire contract at any time for a maximum of 4 calendar weeks, your membership will be paused from the next payment week. A maximum of 4 membership pauses per year is permitted, with a minimum of 4 weeks active membership between each membership pause.
(i) If you would like to change your membership, please provide to us in writing the option you wish to undertake, and we will apply this from the next payment week.
(j) Class cancellation policy – a minimum of 6 hours notice is required where no credit will be deducted, allowing others to take your surf ski spot in the case you cannot make the session.
- Price and Payments:
(a) You agree to pay the equipment hire fee specified at the time that you apply for the equipment hire. All amounts are stated in Australian dollars. All prices include Australian GST.
(b) You must pay for the equipment hire by direct debit or credit card in advance. If you are on a equipment hire plan, your payment will be processed in accordance with the plan. You must not pay, or attempt to pay, your membership costs through any fraudulent or unlawful means. If your payment is not able to be successfully processed then your equipment hire will be cancelled.
(c) If amounts owing are unpaid, we have the right to cancel your equipment hire, engage debt collection services for the collection of unpaid and undisputed debt, and the right to commence legal proceedings for any outstanding amounts owed to us.
- Equipment Hire Suspension and Cancellation:
(a) We may at our discretion suspend the equipment hire or restrict the area in which the equipment can be used if in our sole opinion the current or forecast weather conditions would make it dangerous to use the equipment.
(b) If for any reason we cannot provide or continue to provide you with the equipment hire, we will give you the option to delay your equipment hire until such time that we are able to provide the equipment or alternatively cancel your equipment hire. You will be refunded the full hire fees if you choose to cancel the equipment hire.
- Cleaning and Repair or Replacement Charges:
(a) Cleaning: You must return the equipment in a clean condition.
(b) Repair & Replacement: You will be responsible for the cost of any repair to or replacement of the equipment due to theft, damage or destruction of the equipment that occurs during your hire period. Sydney Harbour Surf Club management have the right to charge and deduct your nominated credit card any reasonable amount for damages or replacement of our equipment.
- Code of Conduct:
By applying to hire our equipment you are agreeing to comply with our code of conduct. You agree:
(a) to follow any instructions provided regarding the use of the hire equipment or our facilities;
(b) you are able to swim at a level in which you could rescue yourself if you capsize in deep water;
(c) you have previous experience with the equipment or have taken instructions from us in the use of the equipment. We may require you to demonstrate your equipment and swimming skills prior to hiring the equipment;
(d) to respect our equipment and facilities by ensuring you leave equipment as you found it, ensure you clean the equipment after use and reporting any misuse or damage to our equipment of facilities as soon as possible;
(e) to keep your belonging’s safe. Please do not bring any valuables with you. Unfortunately, things can go missing and it is your responsibility to look after your belongings;
(f) to wear suitable clothing at all times when using our facilities including a Personal Flotation Device or Life Jacket;
(g) to respect and be courteous to all customers, guest and staff of Sydney Harbour Surf Club;
(h) that we will not tolerate rude or offensive behaviour; and
(i) to inform us of any medical of health conditions which may affect your ability to use the equipment.
Any breach of this code may result in the suspension or termination of your equipment hire.
We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
- Discount Codes and Promotions:
We may from time to time offer promotional discounts or offers which may be applicable to you. The conditions of use relating to any discount code will be specified at the time that it is issued.
(a) Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our services, please contact us.
(b) You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us. The obligations under this clause will survive termination of these Terms.
- Consumer Law:
(a) ACL: Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of services to you by which cannot be excluded, restricted or modified (“Statutory Rights”).
(b) Our liability is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
(c) Services: If you are a consumer as defined in the ACL, the following applies to you: We guarantee that the services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the services for or for a result which you have told us you wish the services to achieve, unless we consider and disclose that this purpose is not achievable; and will be subject and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our services is limited to us re-supplying the services to you, or, at our option, us refunding to you the amount you have paid us for the services to which your claim relates.
(d) Limitation: Our total liability arising out of or in connection with our services, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the equipment hire fees paid to us by you, if no amount is paid, it will not exceed one hundred dollars.
(a) Email: You acknowledge that we may send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
(b) Accuracy: While we endeavour to keep the information up to date and correct, we make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
(c) Termination: We reserve the right to refuse supply of the equipment to you and terminate our contract with you, at our sole discretion, without incurring any liability to you.
(d) GST: If and when applicable, GST payable on our services or products will be set out in our invoices. By accepting these Terms you agree to pay us an amount equivalent to the GST imposed on these charges.
(e) Relationship of Parties: These Terms are not intended to create a relationship between the Parties of partnership, joint venture, or employer-employee.
(f) Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 1 months, we may terminate our agreement with you by giving you 5 business days’ notice in writing.
(g) Notice: Any notice in connection with these Terms will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the Party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other Party.
(h) Waiver: Any failure by a Party to insist upon strict performance by the other of any provision in these Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of these Terms shall be effective unless we expressly state it is a waiver and we communicate to you in writing.
(i) Assignment: You must not assign any rights and obligations under these Terms, whether in whole or in part, without our prior written consent.
(j) Severability: If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
(k) Jurisdiction and Applicable Law: Your use of the services and any dispute arising out of your use of it is subject to the laws of New South Wales and the Commonwealth of Australia. These Terms are governed by the laws of New South Wales and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in New South Wales.
(l) Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
For any questions or notice, please contact us at:
Sydney Harbour Surf Club
Luke and Josephine Horder
ABN : 53 627 506 647
Last update: 29th July 2019
Exclusion of Liability, Release and Assumption of Risk:
In consideration of being able to hire our equipment or participate in activities conducted by us (including participation in activities conducted by others), you agree:
(a) to conduct yourself in a safe manner and to take reasonable precautions in order to protect your own safety as well as the safety of other members, staff and guests;
(b) to indemnify, forever discharge and voluntarily release us, our employees, agents, affiliates, employees, members, sponsors, promoters and any person or body directly and indirectly associated with us against all liability (including liability for their negligence and the negligence of others), claims, demands and proceedings arising out of or connected with the individuals use of the hire equipment and their participation in any activities;
(c) that our liability and the liability of our associated entities and its directors is governed solely by the Australian Consumer Law and that we excludes all conditions and warranties implied by custom, law or statute except for rights, warranties, guarantees and remedies relating to the provision of services which cannot be excluded, restricted, or modified;
(d) to wear a life jacket when using our equipment and support boat; and
(e) to use the hire equipment and facilities at your own risk to the fullest extent of the law.
You acknowledge that:
(a) the risks associated with use of the hire equipment include but are not limited to;
- collisions with other persons or property or structures which may cause wrist, arm, shoulder, and/or back injuries;
ii. rapidly changing adverse weather and water conditions including changing tidal conditions and currents, prolonged exposure to cold water, hypothermia, accidental drowning, exposure to sun, strong wind, cold, storms, large waves, eddies and whirlpools, and lightening;
iii. aggressive and/or poisonous marine life;
iv. slips and falls;
v. use of the support boat including falling or slipping when entering the boat, the boat capsizing or paddling too close to the boat.
(b) Exercise is demanding by nature and there are inherent risks associated with using the hire equipment in the marine environment. Using the hire equipment may cause serious injury or death.
(c) In consideration of being provided with the hire equipment you agree to sign this release and agree to be bound by it. By signing this you are accepting all responsibility to the fullest extent of the law for injury caused to you, by others or yourself, through accident or negligence. You release and indemnify us, our directors, servants, agents and associated entities, against any action or claim arising from the use of the hire equipment.
I HAVE READ AND UNDERSTAND THAT MY RIGHTS ARE LIMITED BY THIS DISCLAIMER