1. Acceptance
By booking or participating in any activity with Balmoral Water Sports Center (referred to as "BWSC"), you agree to be bound by the following Terms & Conditions. If booking on behalf of a group or a minor, you accept these terms on their behalf.
2. Business Details
3. Bookings & Payments
- Full payment is required at time of booking unless otherwise arranged.
- Accepted payment methods: Visa, MasterCard, EFT.Bank transfer
- Group/corporate bookings may require a deposit and minimum numbers.
Bookings are only confirmed once payment, completed forms, and relevant waivers are received.
4. Cancellations, Refunds & Credits
Participant Cancellations:
- 8 weeks before: 100% refund
- 4–8 weeks: 50% refund
- 2-4 weeks: 25% refund
- <2 weeks: No refund
- Missed days (due to illness, injury, weather): no refund, credit, or makeup unless agreed at our discretion
Program Cancellations by Us:
We may cancel or reschedule activities due to:
- Dangerous weather
- Staff availability
- Equipment issues
- Low enrolments (e.g., fewer than minimum required participants)
Where we cancel, you will be offered a reschedule or credit. Refunds will be considered if no alternative is suitable.
5. Weather Conditions
Safety is our priority. Sessions may be modified, rescheduled, or cancelled in the event of:
- High winds (typically over 20 knots)
- Lightning or electrical storms
- Unsafe sea state
- Poor visibility
We do not offer refunds for weather-related adjustments, but we will always work to offer an alternative session or reschedule.
6. Medical Disclosure & Fitness to Participate
Participants must be in good health, able to swim at least 25 metres unaided, and free from any medical conditions that may affect their ability to safely take part in water sports activities. All participants must disclose any condition that could impact their safety or that of others. This includes but is not limited to:
- Asthma or respiratory conditions
- Epilepsy or neurological disorders
- Allergies (especially to insects, sunscreen, medication)
- Recent injuries or surgeries
- Conditions affecting balance or coordination
- Mental health conditions requiring support
You agree that:
- You are physically fit and able to safely participate in the activity
- You have consulted a medical professional where needed
- BWSC may refuse participation if we believe a condition poses a safety risk
7. Waiver & Acknowledgement of Risk
By booking or participating in any activity with Balmoral Water Sports Center, you acknowledge and agree to the following:
- Assumption of Risk
You understand that water sports involve inherent risks, including but not limited to drowning, collision, injury from equipment, exposure to weather, and interactions with marine life. You voluntarily accept all such risks.
- Fitness to Participate
You understand and accept the physical demands of our activities and confirm that you (or your child) meet the fitness and medical requirements outlined in Section 7 above.
- Release of Liability
To the fullest extent permitted by law, you release Balmoral Water Sports Center, its staff, contractors, and representatives from any and all claims or liability for injury, loss, or damage sustained while participating, unless caused by gross negligence.
- Indemnity
You agree to indemnify and hold harmless Balmoral Water Sports Center against any claims, losses, or damages arising from your (or your child’s) participation.
- Parental Consent (for minors)
If you are signing on behalf of a participant under 18, you confirm you are their parent or legal guardian and agree to these terms on their behalf.
Participants are strongly encouraged to hold personal accident insurance. Our public liability insurance does not cover personal medical expenses.
By proceeding with your booking, you confirm that you have read and understood this waiver and agree to be bound by it.
8. Supervision & Child Safety
We are committed to child safety and comply with NSW Child Safe Standards.
- All staff hold valid Working With Children Checks
- Children under 18 must have consent provided by a parent/guardian
- Children must be signed in/out of camps and activities by an authorised adult
- We maintain appropriate child-to-instructor ratios
- Children may be removed from programs if their behaviour poses a safety risk
We are not a childcare service. Parents/guardians must be contactable during sessions.
9. Participant Conduct & Responsibilities
- Participants must act respectfully and responsibly at all times, following the instructions of Balmoral Water Sports Center staff.
- Disruptive, unsafe, or inappropriate behaviour may result in removal from an activity without refund.
- Participants must respect other guests, staff, equipment, and the local environment.
- Alcohol, illegal substances, and smoking/vaping are strictly prohibited during all activities.
- Participants (or their parent/guardian) are responsible for bringing appropriate clothing, sun protection, and any required medication (e.g. asthma puffers, EpiPens).
- Balmoral Water Sports Center accepts no responsibility for the loss, theft, or damage of personal belongings. Items left in changerooms, onshore, in vehicles, or taken on the water are at the participant’s own risk.
9. Photography & Media Use
We may take photographs or videos during activities for promotional use (website, social media, brochures, etc.).
By participating, you grant permission for your image (or your child’s) to be used unless you notify us in writing before your session.
We:
- Do not sell media to third parties
- Store media securely and respectfully
- Will remove images upon request
10. Privacy
We collect personal data (e.g., names, contact details, medical info) solely for booking, communication, safety, and insurance purposes.
We comply with the Privacy Act 1988 (Cth). Your data will not be shared without consent, except as required by law or in emergencies.
11. Insurance & Indemnity
- BWSC holds public liability insurance
- This does not cover injury, illness, or loss of personal property
- Participants are responsible for their own belongings and safety
- You agree to indemnify BWSC against claims resulting from your conduct or negligence
12. Force Majeure
We are not liable for failure to provide services due to events beyond our control, including natural disasters, pandemics, fires, floods, or government restrictions.
13. Governing Law
These terms are governed by the laws of New South Wales, Australia. Any disputes will be handled in NSW courts.
14. Amendments
We reserve the right to change these Terms at any time. Updates will be posted on our website. Continued use of our services implies acceptance of the latest version.
15. Acknowledgment
By booking or participating in any activities with Balmoral Water Sports Center, you confirm that:
- You have read, understood, and agree to these Terms & Conditions
- You agree to the Waiver & Acknowledgement of Risk outlined in Section 8.
- You have disclosed all relevant medical or behavioural concerns.
- You accept all risks and agree to follow safety instructions.
- You release and indemnify the business from liability as outlined above.
- You confirm that you are legally authorised to accept these terms, and if you are booking on behalf of a minor, you do so as their parent or legal guardian.
Accredited AUSTRALIAN SAILING Training Course Terms & 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, by which I agree to become bound by and comply with:
these terms and conditions;
the Course enrolment form;
the National Integrity Framework; and
all other rules that govern the Course.
2. Definitions: For 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, such as handbooks, text books, booklets, apostils, instruction pages and videos, whether charged separately for;
(c) “Instructor” means the person or persons ministering the Course;
(f) “Training Centre” means an entity recognised or accredited by Australian Sailing to offer sailing or boating courses, including the Course, and its respective directors, officers, servants or agents;
(g) “Australian Sailing” means Australian Sailing Limited and its respective directors, officers, servants or agents.
3. Information: I acknowledge that it is my responsibility to obtain, read and understand all the applicable rules before proceeding with my enrolment and participation in the Course.
4. Code of Conduct: I acknowledge that there is great value on the time and commitment all participants invest in their participation in the Course and accept that behaviour which breaches any rules will not be tolerated. Key expectations from a participant in a Course are to:
encourage participants to play by the rules and respect the officials decisions and that of the Course, Instructor or Training Centre;
abide by the law;
appreciate good performances and the skill of all participants;
support all efforts to remove verbal and physical abuse from activities; and
respect the rights, dignity and worth of every participant regardless of their gender, ability, cultural background or religion
5. Enrolment: I acknowledge that my enrolment can be accepted or rejected by the Training Centre at its discretion in the exercise of its functions
6. If accepted I will be permitted to attend the Course subject to complying with the terms and conditions of the Course, this declaration and any reasonable direction issued by the Course organisers or their representatives.
7. Participation: If my enrolment is accepted, I will be permitted to attend the Course subject to complying with the rules and any reasonable direction given by the Instructor, either before or during the Course.
8. Course Completion: If I reach the end of a course and don’t fulfil the course competencies, I acknowledge that I won’t be provided with the course completion certificate. At the discretion of a training centre there may be additional sessions offered separately from the course to assist participants in reaching the competencies.
9. Fitness to Participate: I declare that I am, and must continue to be, medically and physically fit and able to participate in the Course. Should I suffer from or become aware of any illness and/or require medical attention for a pre-existing condition, I will fully disclose all details to the Training Centre so that I am not a danger to myself or to the health and safety of others. I will immediately notify the Training Centre in writing of any change to my fitness, health and ability to participate in the Course. I understand and accept that except if I advise otherwise in writing, the Centre will rely upon this declaration as evidence of my fitness and ability to participate in the Course.
10. Refund of fee: Unless otherwise specified by the Training Centre in the enrolment form to the Course, the Course fee will be refundable as follows:
In every circumstance where a refund is requested, the first option is to transfer the participant to another applicable Course/Event. Where this is not possible, the following conditions apply:
i) Notice period of Cancellation –
Less than 7 days prior to the Course/Event - No Refund
More than 7 and less than 14 days prior to the Course/Event - 50% Refund (less any transaction fees)
More than 14 days prior to the Course/Event - 100% Refund (less any transaction fees)
ii) Cancellation due to illness, injury or death:
If a participant is unable to participate in the Course/Event and can produce appropriate evidence, the fee will be fully refunded (less any transaction fee applied by the merchant).
iii) Event cancellation:
If the Event is cancelled by the event organiser, the fee will be fully refunded.
iv) Force Majeure:
If a Course/Event is cancelled due a reason outside the control of the organiser, a refund may be provided at the discretion of the Course/Event organiser.
11. Risks: I understand that participation in sailing or boating activities can be inherently dangerous. Risks include overexertion, equipment failure, dehydration, serious accidents, weather conditions, water quality, shark attack, crocodile attack and stinger attack which can and do happen and may result in me being personally injured or my property being damaged. After considering the risks involved, I have voluntarily decided to participate in the Course and assume all potential risks.
12. Weather Conditions: The Course and the conduct of; and participation in the Course will be affected by weather and associated conditions. Given there is often an element of luck with these conditions, I acknowledge and agree that the Training Centre cannot control weather and associated conditions and may postpone or cancel the Course as they think fit and no refund of fees apply
13. Assistance: If required, the Training Centre will arrange medical or hospital treatment (including ambulance transportation). I authorise such actions being taken by the Training Centre where my further consent cannot be obtained and agree to meet all costs associated with such action
14. Disclaimer: To the maximum extent permitted by law, I understand and agree, as a condition of my enrolment in the Course (if accepted), that the Training Centre and Australian Sailing disclaims any liability (whether in tort, including negligence, contract, statutory or otherwise) for any injury (whether fatal or otherwise) or damage arising out of my participation in the Course.
15. Indemnity: I acknowledge that the participation in the Course is my personal decision after having considered all the rules and risks and agree in consideration of the acceptance of my enrolment, to indemnify and hold harmless the Training Centre and Australian Sailing from and against any Claim that I or any other person, including my relatives or any other participant in the Course, may have in connection to the eventuation of any risk, damage or injury (including permanent or fatal) I may suffer or cause arising out of my participation in the Course. “Claims” means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising (whether in tort, including negligence, contract, statutory or otherwise), other than and except to the extent the claim is covered by the Training Centre or Australian Sailing’s insurance policies.
16. Insurance: Course participants are provided limited insurance cover under a Personal Accident Policy. I understand that the coverage is limited and in no circumstance the Training Centre or Australian Sailing will be responsible for any compensation directly and/ or in excess of the amount the insurer may pay under that Personal Accident Policy.
17. Privacy: I understand that the information I have provided in my enrolment, as well as any health information I further provide to the Training Centre or Australian Sailing, is necessary for the organisation and conduct of the Course and for the objects of Australian Sailing. Use of the information will be subject to the privacy policy of each of these entities, which I am responsible to obtain, read and understand. The Australian Sailing Privacy Policy can be located here.
18. Photographic materials: I consent to photographs and videos being taken of me during participation in the Course and authorise the Training Centre and Australian Sailing to use such photographs and videos for promotional or other sailing and boating development and marketing purposes without my further consent being obtained. Further, I consent to the Training Centre and Australian Sailing using my name, image, likeness and performance in the Course.
19. Course Materials: I acknowledge that all Course Materials are intellectual property of Australian Sailing or its licensors and will not copy or use the Course Materials for any purpose other than in connection with and for benefiting from the Course. I further acknowledge that although best efforts have been undertaken to ensure that the information is accurate, complete and correct at the time of publication, Australian Sailing take no responsibility and disclaims liability (in contract, tort including negligence, statutory or otherwise) for any error, omission or defect in the Contract Materials or any of its content. Any reference to specific products, companies or services does not necessarily constitute or imply recommendation or endorsement by Australian Sailing.
20. Capacity:. The applicant declares to be over 18 years of age or if under age, to have obtained authorisation from and be represented by the parent or guardian, who expressly agrees to be responsible for the applicant's behaviour and agrees to personally accept the conditions set out above, including the provision of an indemnity.
