surf schools 21

1. Lessons may be booked with Torquay Surfing Academy (TSA) either via telephone on 03 5261 2022 or via TSA's website booking form.

2. Whilst every endeavour will be made to hold lessons, in the event that TSA (at TSA's total discretion) decides that the conditions are unsuitable for holding a lesson, TSA may at any time, including once the lesson has started, cancel the lesson for the safety of students. In the event that TSA cancels a lesson TSA will give of full or partial refund to the students.

3. Students may only cancel lessons by giving at least 24 hours notice to TSA whereupon a credit will be given. If a cancellation occurs within 24 hours of the lesson commencing, a 10% fee will be charged.

4. Cancellation of a school or corporate group, within 5 days prior to the lesson time, will attract a 15% cancellation fee. A full refund will be given outside this 5 day period.

WEBSITE TERMS & CONDITIONS

1. Deemed to be bound by terms and conditions
By using TSA's website you shall be deemed to have accepted these terms and conditions and these terms and conditions shall form the contractual basis between TSA and yourself.


2. Intellectual Property Rights
All intellectual property rights relating to all material on TSA's website shall be the property to TSA unless otherwise stated.


3. Use of TSA's Website
You agree to only use TSA's website for personal use and are prohibited from, in any way, using any material on the website for any commercial use.


4. Limitation of Liability
Whilst every endeavour is made to ensure that all information on TSA's website is accurate, by using the information on the website you acknowledge and agree to release TSA from any claims or demands relating to the use of the website.


5. Variation
TSA may at any time vary the terms and conditions whereupon the varied terms and conditions from time to time shall form the contractual basis between TSA and you.


6. Entire Agreement
These terms and conditions shall form the entire agreement between you and TSA.


7. Law
The exclusive jurisdiction in relation to any matter arising in relation to these terms and conditions shall be the Australian Courts.

HIRE TERMS & CONDITIONS

THIS IS AN IMPORTANT DOCUMENT AFFECTING YOUR RIGHTS, YOU SHOULD READ IT VERY CAREFULLY AND SIGN IT ONLY AFTER YOU ARE SATISFIED THAT YOU UNDERSTAND AND ACCEPT ALL TERMS AND CONDITIONS

In consideration of the Surf School agreeing to hire the Hired Product to me/I acknowledge and agree that:

1. Definitions: In this agreement: "Surf School" means Torquay Surfing Academy , and includes, where the context so permits, its directors, officers, servants or agents; "Claim" means and includes any action, suit, proceeding, claim, demand, damage, cost or expense however arising including but not limited to negligence; and "Hired Product" means the surfing or other aquatic recreational equipment hired by me from the Surf School.

2. Security: If required by the Surf School, I will provide the Surf School with a security amount which will be held by the Surf School for the duration of my hire of the Hired Product and, subject to clause 7 below, refunded to me upon return of the Hired Product.

3. Warning: Surfing and the use of the Hired Product (even in accordance with its intended use) can be inherently dangerous. I acknowledge that I am exposed to certain risks in using the Hired Product including but not limited to physical hazards, unpredictable and sometimes dangerous surf and weather conditions and actions of other persons. I acknowledge that accidents can and often do happen which may result in me being injured or even killed, or the Hired Product being lost or damaged. I have voluntarily read and understood this warning and accept and assume the inherent risks in using the Hired Product.

4. Use of Hired Product: Use of the Hired Product by me is beyond the control of the Surf School. I acknowledge and agree that any advice, recommendation, information or services provided by the Surf School regarding the Hired Product and its use shall not be construed as contractual conditions or warranties. I agree that the Surf School shall not, subject to clause 5, be liable to me for any loss or damage sustained by me as a consequence of any incorrect advice, recommendation, information or services provided by the Surf School regarding the Hired Product or the methods or conditions of use of the Hired Product whether such loss was caused by any act of negligence, act of recklessness or any breach of any duty of care which may be owed to me by the Surf School.

5. Exclusion of Implied Terms: Where I am a consumer of recreational services, as defined by any relevant law, certain terms and rights usually implied into a contract for the supply of goods or services may be excluded. I acknowledge that these implied terms, as well as other terms and rights implied into consumer contracts by statute, and any liability of the Surf School flowing from them, are expressly excluded to the extent possible by law, by this agreement. To the extent of any liability arising, the liability of the Surf School will be limited to the resupply of the hiring services or payment of the cost of having the hiring services supplied again. The Surf School’s liability does not extend to consequential loss.

6. Release and Indemnity: In consideration of Surf School agreeing to hire to me the Hired Product I, to the extent permitted by law:
(a) release and will release the Surf School from all Claims that I may have or may have had but for this release arising from or in connection with my hire and use of the Hired Product; and
(b) indemnify and will keep indemnified the Surf School in respect of any Claim by any person arising as a result of or in connection with my hire or use of the Hired Product.

7. Damage to Hired Product: I agree to accept all responsibility and liability for any loss of or damage to the Hired Product (however caused) which occurs during the course of my hire of the Hired Product. I agree to compensate the Surf School for any and all loss of or damage to the Hired Product (including, if required by the Surf School, the replacement of the Hired Product) which may occur during the course of my hire of the Hired Product and authorise the Surf School to apply any security amount provided by me to the Surf School against the costs of such compensation.

8. Fitness to Participate: I declare that I am medically and physically fit and able to participate in the sport of surfing and to use the Hired Product. I understand and accept that the Surf School will rely upon this agreement as evidence of my fitness and ability to properly use the Hired Product.

9. Privacy: I understand that the information I have provided above is necessary for the objects of Surf School. I acknowledge and agree that the information will only be used for the objects of the Surf School and its general business. I understand that I will be able to access the information through the Surf School upon reasonable notice. If the information is not provided my application for hire may be rejected.

10. Severance: If any provision of this agreement is invalid or unenforceable in any jurisdiction, the phrase or clause is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable. If the phrase or clause cannot be so read down it will be severed to the extent of the invalidity or unenforceability. Such severance does not affect the remaining provisions of this agreement or affect the validity or enforceability of it in any other jurisdiction.

11. Governing Law: This agreement is governed by and construed in accordance with the law of the State of Victoria and the parties irrevocably submit to the jurisdiction of the courts of that State.

12. I have provided the information required above and I warrant that all information provided is true and correct. I acknowledge this agreement cannot be amended. If I do amend this agreement it cannot be accepted by the Surf School.

I have read, understood, acknowledge and agree to the above terms including the warning, exclusion of implied terms, release and indemnity.

ABN 291 203 350 88.