Terms and Conditions

Booking, Transfers & Cancellation Policy – Summary

Please review the following policy carefully before completing your booking.

• Transfers requested more than 14 days before the Course/Event commencement date are free of charge, subject to availability.

• Transfers requested 14 days or less before the Course/Event commencement date incur a $50 administration fee per participant, per transfer, unless accompanied by a valid medical certificate or other appropriate supporting documentation.

• Any difference in price between the original booking and the new Course/Event must be paid before the transfer is confirmed.

• Cancellations made more than 14 days before the Course/Event commencement date receive a 100% refund, less any applicable transaction or booking fees.

• Cancellations made between 7 and 14 days before the Course/Event commencement date receive a 50% refund, less any applicable transaction or booking fees.

• Cancellations made less than 7 days before the Course/Event commencement date are non-refundable.

• Refunds or transfer-fee waivers due to illness or injury require a valid medical certificate or other appropriate supporting documentation.

• All transfers are subject to availability and approval by the Training Centre.

• Where a session is postponed or rescheduled by the Training Centre, the participant's booking will automatically transfer to the replacement date. A rescheduled session does not automatically entitle the participant to a refund.

By proceeding with your booking, you acknowledge that you have read and agree to these Terms and Conditions.

1. Agreement

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

• These Terms and Conditions;

• The Course enrolment form;

• Any specific conditions communicated as part of the Course/Event information; and

• All other reasonable rules and requirements governing the Course.

2. Definitions

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

(a) "Course" or "Event" means the sailing, boating, training, recreational or related activity that I am seeking to register for, as selected in my enrolment form or booking.

(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, digital resources and videos.

(c) "Instructor" means the person or persons delivering, supervising or assisting with the Course.

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

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

(f) "Participant" means the individual registered to participate in the Course/Event and, where the Participant is under 18 years of age, includes their parent or legal guardian where applicable.

3. Information

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

I agree to provide accurate and current information during the enrolment process and to advise the Training Centre of any relevant changes before or during the Course.

4. Code of Conduct

I acknowledge the value of the time, commitment and safety of all participants, instructors, volunteers and staff involved in the Course.

Participants are expected to:

• Follow the rules and respect the decisions and directions of officials, Instructors and Training Centre staff.

• Abide by all applicable laws and regulations.

• Demonstrate appropriate sportsmanship and respect towards other participants.

• Appreciate good performances and the skills and achievements of fellow participants.

• Refrain from verbal, physical or discriminatory abuse.

• Respect the rights, dignity and worth of every participant.

• Behave in a manner that does not compromise their own safety or the safety of others.

• Treat Training Centre facilities, vessels and equipment with reasonable care.

The Training Centre reserves the right to remove a participant from an activity where their behaviour presents a safety risk, significantly disrupts the Course or breaches applicable rules or codes of conduct.

5. Enrolment

I acknowledge that my enrolment is subject to acceptance by the Training Centre.

Places may be limited and enrolment is not considered confirmed until all required registration information and applicable fees have been received.

The Training Centre reserves the right to determine whether a Course is appropriate for a participant based on factors including age, experience, competency, safety requirements and Course prerequisites.

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, Instructor or authorised representative.

7. Participation

If my enrolment is accepted, I agree to:

• Comply with all Course and safety rules;

• Follow reasonable directions given by Instructors and Training Centre staff;

• Use all required safety equipment;

• Participate in a manner that does not unnecessarily place myself or others at risk; and

• Advise an Instructor if I do not understand an instruction or do not feel able to safely undertake an activity.

The Training Centre or Instructor may modify or restrict a participant's involvement in an activity where reasonably necessary for safety.

8. Course Completion

Where a Course includes competency requirements, participants must successfully demonstrate the required competencies before receiving the relevant Course completion certificate.

Attendance alone does not guarantee successful completion or certification.

If a participant does not successfully demonstrate the required competencies by the end of the Course, they may not receive a Course completion certificate.

At the discretion of the Training Centre, additional sessions or training opportunities may be offered separately to assist the participant in achieving the required competencies. Additional fees may apply.

9. Fitness to Participate

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

I agree to disclose any relevant illness, injury, medical condition, disability or other circumstance that may affect my ability to safely participate or that the Training Centre or Instructor should reasonably be aware of for my safety.

I will notify the Training Centre as soon as reasonably practicable of any relevant change to this information.

Unless otherwise advised in writing, the Training Centre will rely on the information provided during enrolment when determining my ability to participate.

10. Refunds, Transfers and Cancellations

Unless otherwise specified in the relevant Course/Event information, the following policy applies.

i) Transfer Requests

Requests to transfer a registration to another eligible Course/Event are subject to availability and approval by the Training Centre.

• Transfers requested more than 14 days before the original Course/Event commencement date are free of charge.

• Transfers requested 14 days or less before the original Course/Event commencement date incur a $50 administration fee per participant, per transfer.

• The $50 administration fee may be waived where the participant is unable to attend due to illness or injury and provides a valid medical certificate or other appropriate supporting documentation.

• Any difference in price between the original booking and the new Course/Event must be paid before the transfer is confirmed.

• Where the replacement Course/Event has a lower fee, any applicable adjustment will be determined by the Training Centre.

• A transfer is not confirmed until approved by the Training Centre.

• Approval of a transfer does not guarantee availability in a particular Course/Event, date or session.

ii) Cancellation Requests

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

• More than 14 days before the Course/Event commencement date – 100% refund, less any applicable transaction or booking fees.

• Between 7 and 14 days before the Course/Event commencement date – 50% refund, less any applicable transaction or booking fees.

• Less than 7 days before the Course/Event commencement date – No refund.

The applicable cancellation period is calculated from the scheduled commencement date of the Course/Event.

Failure to attend a Course/Event without providing notice does not entitle the participant to a refund or credit.

iii) Cancellation Due to Illness, Injury or Death

Where a participant is unable to attend due to illness, injury or death and provides appropriate supporting documentation, such as a valid medical certificate, the Training Centre may offer:

• A transfer to another available Course/Event without the $50 administration fee; or

• A full refund, less any applicable transaction or booking fees.

Requests will be assessed based on the circumstances and supporting documentation provided.

iv) Course/Event Cancellation by the Training Centre

If the Training Centre cancels an entire Course/Event and does not provide a suitable replacement or rescheduled Course/Event, participants will be offered either:

• A transfer to another available Course/Event; or

• A full refund of the applicable Course/Event fee.

v) Postponed or Rescheduled Sessions

Sailing and boating activities are subject to weather, water conditions, venue availability and other operational and safety considerations.

Where the Training Centre postpones or reschedules a Course/Event or individual session, the participant's booking will automatically transfer to the replacement date.

A postponement or rescheduling does not automatically entitle the participant to a refund.

Where a participant is unable to attend the replacement date, they should contact the Training Centre as soon as possible. Any alternative arrangements will be considered in accordance with these Terms and Conditions and applicable consumer law.

vi) Force Majeure

Where a Course/Event is affected by circumstances beyond the reasonable control of the Training Centre, including but not limited to:

• Severe or unsafe weather;

• Strong winds, storms or lightning;

• Unsafe water conditions;

• Flooding;

• Natural disasters;

• Government restrictions;

• Emergency situations;

• Venue closures; or

• Other circumstances that prevent the safe or reasonable delivery of the activity,

the Training Centre may postpone, reschedule, relocate, modify or cancel the Course/Event.

Any applicable refund, credit or transfer will be managed in accordance with these Terms and Conditions and applicable consumer law.

vii) Consumer Rights

Nothing in these Terms and Conditions is intended to exclude, restrict or modify any rights or remedies that cannot lawfully be excluded under the Australian Consumer Law or other applicable legislation.

11. Risks

I understand and acknowledge that participation in sailing, boating and water-based activities involves inherent risks.

These risks may include, but are not limited to:

• Slips, trips and falls;

• Capsizing;

• Collision with other vessels, participants, structures or objects;

• Overexertion;

• Equipment failure;

• Dehydration and exposure to the sun;

• Serious accidents or injury;

• Adverse or rapidly changing weather conditions;

• Wind, waves, tides and currents;

• Water quality;

• Marine wildlife;

• Shark attacks;

• Crocodile attacks;

• Marine stingers; and

• Other risks associated with participation in water-based activities.

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

I agree to follow all safety instructions and use safety equipment as directed by the Training Centre and Instructors.

12. Weather and Water Conditions

Sailing and boating activities are dependent upon suitable weather and water conditions.

The Training Centre continually considers conditions relevant to participant safety and reserves the right to postpone, reschedule, relocate, modify or cancel a Course/Event or session where reasonably necessary.

Factors considered may include:

• Wind strength and direction;

• Storms and lightning;

• Tidal conditions and currents;

• Visibility;

• Water quality;

• Temperature;

• Participant age and experience;

• Vessel and equipment suitability; and

• Other relevant safety considerations.

Rain alone is not necessarily grounds for cancellation.

Where possible, participants will be notified of changes to scheduled activities using the contact information provided during enrolment.

Where a Course/Event or session is postponed, rescheduled or cancelled, the arrangements outlined in Clause 10 will apply.

13. Equipment and Safety

Participants must use all safety equipment required by the Training Centre or Instructor.

Participants must not intentionally misuse, damage or interfere with vessels, equipment or safety devices.

Any equipment fault or damage must be reported to an Instructor or staff member as soon as possible.

The Training Centre reserves the right to prevent a participant from using equipment where the Instructor reasonably believes it would be unsafe for them to do so.

14. Emergency and Medical Assistance

If required, the Training Centre may arrange or provide first aid, medical assistance, hospital treatment or ambulance transportation for a participant.

I authorise the Training Centre to take reasonable action in an emergency where my further consent, or the consent of a parent or guardian, cannot reasonably be obtained.

I acknowledge that I may be responsible for costs associated with ambulance transportation, medical treatment or hospital care, subject to applicable law and insurance arrangements.

15. Disclaimer

To the maximum extent permitted by law, I acknowledge that participation in sailing and boating activities involves inherent risks.

The Training Centre and Australian Sailing do not accept liability for loss, damage or injury arising from participation to the extent that such liability may lawfully be excluded or limited.

Nothing in this clause excludes, restricts or modifies any guarantee, right or remedy available under the Australian Consumer Law or other applicable legislation that cannot lawfully be excluded.

16. Indemnity

To the extent permitted by law, I acknowledge that participation in the Course is my personal decision and agree to take reasonable responsibility for my actions while participating.

I agree to indemnify the Training Centre and Australian Sailing against claims, loss, damage or expenses arising directly from my negligent, reckless or intentional conduct, except to the extent that the loss or damage was caused or contributed to by the Training Centre, Australian Sailing or another party.

Nothing in this clause is intended to exclude or limit rights that cannot lawfully be excluded.

17. Insurance

Participants may be provided with limited insurance cover under applicable Australian Sailing insurance arrangements.

I acknowledge that any insurance cover is subject to the relevant insurer's policy terms, conditions, exclusions and benefit limits.

Participants are responsible for considering whether they require additional personal insurance, private health insurance, ambulance cover or other insurance.

Neither the Training Centre nor Australian Sailing guarantees that insurance will cover every injury, loss, expense or circumstance arising from participation.

18. Privacy

I acknowledge that personal information, including relevant health and emergency contact information, may be collected for the administration, safety and delivery of the Course.

This information will be managed in accordance with applicable privacy laws and the relevant privacy policies of the Training Centre and Australian Sailing.

Information may be shared with Instructors, staff, emergency services or other relevant persons where reasonably necessary for participant safety, Course administration or where required by law.

19. Photography and Video

Photographs and video footage may be captured during Courses, Events and activities.

Where appropriate consent has been provided, the Training Centre and Australian Sailing may use photographs or video footage, together with the participant's name or likeness, for legitimate promotional, educational, communication and marketing purposes.

Where the participant is under 18 years of age, consent must be provided by their parent or legal guardian.

Participants or parents/guardians should notify the Training Centre if they do not consent to photography or video use, subject to the enrolment and consent options provided by the Training Centre.

20. Course Materials

I acknowledge that Course Materials may be protected by copyright and other intellectual property rights belonging to Australian Sailing, the Training Centre or their licensors.

Course Materials are provided for the participant's personal educational use in connection with the Course.

Unless authorised, Course Materials must not be reproduced, distributed, published or commercially used.

21. Participants Under 18 Years of Age

Where the participant is under 18 years of age, the participant's parent or legal guardian must complete or authorise the enrolment and accept these Terms and Conditions on the participant's behalf.

The parent or guardian confirms that:

• The information provided regarding the participant is accurate;

• Relevant medical, behavioural or safety information has been disclosed;

• They consent to the participant taking part in the Course/Event; and

• They understand the inherent risks associated with sailing and boating activities.

22. Changes to Course Delivery

The Training Centre may make reasonable changes to Course delivery where necessary for safety, operational or instructional reasons.

Changes may include:

• Changes to instructors;

• Changes to vessels or equipment;

• Changes to the planned sailing area;

• Modified on-water activities;

• Shore-based instruction;

• Changes to session times where reasonably necessary; or

• Alternative activities relevant to the Course.

Such reasonable changes do not necessarily constitute cancellation of the Course/Event.

23. Participant Removal

The Training Centre reserves the right to remove or suspend a participant from a Course/Event where the participant:

• Repeatedly fails to follow reasonable safety instructions;

• Behaves in a way that places themselves or others at risk;

• Engages in abusive, threatening or inappropriate behaviour;

• Intentionally damages equipment or property; or

• Otherwise seriously breaches these Terms and Conditions or applicable codes of conduct.

Where removal results from serious or repeated misconduct by the participant, a refund may not be provided, subject to applicable consumer law.

24. Acceptance of Terms and Conditions

By completing and submitting an enrolment or booking, I acknowledge that:

• I have read and understood these Terms and Conditions;

• I have had the opportunity to ask questions before participating;

• The information provided during enrolment is accurate to the best of my knowledge;

• I understand the risks associated with sailing and boating activities;

• I agree to comply with reasonable safety instructions and Course requirements; and

• I agree to the Booking, Transfer and Cancellation Policy contained in these Terms and Conditions.

Where the participant is under 18 years of age, these acknowledgements are made by the participant's parent or legal guardian on their behalf.

By proceeding with your booking, you acknowledge that you have read, understood and agree to these Terms and Conditions.