Terms and Conditions

1. Agreement

I understand that by submitting my enrolment request to the Course and accepting these Terms and Conditions, I enter into an agreement with the Training Centre and agree to become bound by and comply with:

• These Terms and Conditions;
• The Course enrolment form; and
• All other rules governing the Course.

2. Definitions

For the purposes of these Terms and Conditions, the following definitions apply:

(a) "Course" means the sailing or boating course that I am seeking to register for, as selected in my enrolment form.

(b) "Course Materials" means any educational materials published, displayed or distributed as part of, or in connection with, the Course, including handbooks, textbooks, booklets, instructional pages and videos.

(c) "Instructor" means the person or persons delivering the Course.

(d) "Training Centre" means an entity recognised or accredited by Australian Sailing to deliver sailing or boating courses, including the Course, together with its directors, officers, employees and agents.

(e) "Australian Sailing" means Australian Sailing Limited and its respective directors, officers, employees and agents.

3. Information

I acknowledge that it is my responsibility to obtain, read and understand all applicable rules before proceeding with my enrolment and participation in the Course.

4. Code of Conduct

I acknowledge that there is great value in the time and commitment invested by all participants and agree that behaviour which breaches any rules will not be tolerated.

Participants are expected to:

• Encourage others to play by the rules and respect the decisions of officials, Instructors and the Training Centre.
• Abide by all applicable laws.
• Appreciate good performances and the skills of fellow participants.
• Support all efforts to eliminate verbal and physical abuse.
• Respect the rights, dignity and worth of every participant regardless of gender, ability, cultural background or religion.

5. Enrolment

I acknowledge that my enrolment may be accepted or rejected by the Training Centre at its sole discretion.

6. Acceptance

If my enrolment is accepted, I will be permitted to attend the Course subject to complying with these Terms and Conditions and any reasonable direction issued by the Training Centre or its representatives.

7. Participation

If my enrolment is accepted, I agree to comply with all Course rules and any reasonable directions given by the Instructor before or during the Course.

8. Course Completion

If I do not successfully demonstrate the required competencies by the end of the Course, I acknowledge that I may not receive a Course completion certificate.

At the discretion of the Training Centre, additional sessions may be offered separately to assist participants in achieving the required competencies.

9. Fitness to Participate

I declare that I am, and will remain, medically and physically fit to participate in the Course.

I will immediately notify the Training Centre in writing of any illness, injury or medical condition that may affect my ability to participate safely.

I understand that, unless advised otherwise in writing, the Training Centre will rely on this declaration as evidence of my fitness to participate.

10. Refunds, Transfers and Cancellations

Unless otherwise specified by the Training Centre in the Course enrolment information, the following policy applies.

i) Transfer Requests

Requests to transfer a registration to another eligible Course or Event are subject to availability and must be approved by the Training Centre at its sole discretion.
Any difference in the Course or Event fee will be charged or adjusted accordingly.
An administration surcharge may apply to all approved transfers.

ii) Cancellation Requests

Where a participant chooses to cancel their enrolment, refunds will be issued as follows:

• Less than 7 days prior to the Course/Event commencement date – No Refund
• More than 7 days and less than 14 days prior to the Course/Event commencement date – 50% Refund (less any applicable transaction fees)
• More than 14 days prior to the Course/Event commencement date – 100% Refund (less any applicable transaction fees)

iii) Cancellation Due to Illness, Injury or Death

If a participant is unable to attend due to illness, injury or death and provides appropriate supporting evidence (such as a valid medical certificate), they may:

• Transfer to another available Course/Event without the $50 administration fee; or
• Receive a full refund (less any applicable transaction fees).

iv) Course/Event Cancellation

If the Course/Event is cancelled by the Training Centre, participants will be offered either:

• A transfer to another available Course/Event; or
• A full refund.

v) Force Majeure

If a Course/Event is cancelled due to circumstances beyond the reasonable control of the Training Centre, including but not limited to severe weather, natural disasters or government restrictions, refunds or transfers may be offered at the discretion of the Training Centre.

11. Risks

I understand that participation in sailing and boating activities is inherently dangerous.

Risks include, but are not limited to:

• Overexertion
• Equipment failure
• Dehydration
• Serious accidents
• Adverse weather conditions
• Water quality
• Shark attacks
• Crocodile attacks
• Marine stingers

I voluntarily accept these risks and choose to participate in the Course.

12. Weather Conditions

The Course and participation in the Course may be affected by weather and associated conditions.

The Training Centre reserves the right to postpone, reschedule, modify or cancel the Course where necessary to ensure participant safety.

Rain alone is not grounds for cancellation.

Where a Course is cancelled by the Training Centre, any refunds or transfers will be managed in accordance with Clause 10 of these Terms and Conditions.

13. Assistance

If required, the Training Centre may arrange medical or hospital treatment, including ambulance transportation.

I authorise such action where my further consent cannot reasonably be obtained and agree to meet all associated costs.

14. Disclaimer

To the maximum extent permitted by law, I understand and agree that the Training Centre and Australian Sailing disclaim any liability (whether in negligence, contract, statute or otherwise) for any injury, loss or damage arising from my participation in the Course.

15. Indemnity

I acknowledge that participation in the Course is my personal decision.

I agree to indemnify and hold harmless the Training Centre and Australian Sailing against any claim, demand, action, loss, damage or expense arising from my participation, except to the extent covered by applicable insurance.

16. Insurance

Participants are provided with limited insurance cover under Australian Sailing's Personal Accident Policy.

I acknowledge that this cover is limited and that neither the Training Centre nor Australian Sailing is responsible for compensation beyond the insurer's approved benefits.

17. Privacy

I understand that the personal and health information provided during enrolment is required for the administration and delivery of the Course.

This information will be managed in accordance with the Privacy Policies of the Training Centre and Australian Sailing.

18. Photography and Video

I consent to photographs and videos being taken during the Course.

I authorise the Training Centre and Australian Sailing to use these images, together with my name and likeness, for promotional, educational and marketing purposes without further consent.

19. Course Materials

I acknowledge that all Course Materials remain the intellectual property of Australian Sailing or its licensors.

I will not reproduce, distribute or use Course Materials for any purpose other than my participation in the Course.

Australian Sailing accepts no liability for any errors or omissions contained within the Course Materials.

20. Capacity

I declare that I am over 18 years of age.

If I am under 18 years of age, my parent or legal guardian has authorised my participation and accepts these Terms and Conditions on my behalf, including the indemnities contained within them.