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BALMORAL WATER SPORTS CENTER SCHOOL HOLIDAYS PROGRAMS AND LESSONS TERMS AND CONDITIONS

By submitting a Booking form you are consenting to be bound by the terms and conditions. Please read the below Terms and Conditions carefully before you apply for your course. 

 

Contract:

This document, together with the information provided to you in brochures and associated literature, forms a contract between you and Balmoral Water Sports Center.

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  • Balmoral Water Sportsmay subcontract any of its obligations under this Contract at its completion discretion. The terms of this Contract shall apply to all Sub-Contractors. 

 

Payment:

No formal booking exists until the School has received full payment, a completed application form and medical form for each person booking a course.

 

Cancellation:

    • 4 weeks or more prior - 25% course fee 

    • 2 weeks or more prior - 75% course fee

    • 2 week or less all fees retained by Balmoral Water Sports Center.​

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Changing dates:

  • If the Participant requests for their booking to be Postponed, Balmoral Water Sports will use reasonable endeavours to agree to a new date. Agreement to Postponement will be at Balmoral Water Sports' absolute discretion. If the parties agree to Postpone the booking Registration:

    • 15 days or more prior to the Commencement Date - 100% of fees paid by the Participant will be transferred to the new date

    • 14 days or less prior to the Commencement Date - $50 administration fee to be deducted from fees already paid. With the balance remaining of fees paid to be transferred to the new date

    • If the parties cannot agree on a date to which the Experience may be postponed, the parties will deem the requested postponement as a cancellation, and the Cancelation conditions will apply.

 

Refunds:

Refunds where applicable will only be made to the person who made the payment. Refunds will not be given on no shows, or loss'. This includes injury, illness, damage, accident, expense, delay, inconvenience or other claim whether direct, indirect, special, general or consequential, and “any other circumstances” include fire, flood, smoke inclement weather, Acts of God or governments, negligence, transport delays, operating causes, failure of equipment and industrial action.

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Courses:

Fees for courses include: instruction, equipment, certificates, and essential protective equipment as appropriate to the course. 

 

Safety management:

The School and its representatives have complete discretion over the management and operation of all water-based and land based activities and any other activities arranged by the School. In agreeing to these terms and conditions you are agreeing to follow and act upon the advice and guidance given by the School and its representatives in all respects. 

 

Disclosure:

It is of paramount importance, for your safety and the well being of other course members that the school/instructor is aware of any medical or physical condition that could have a bearing on your ability to carry out the requirements of the course. It is a condition of your acceptance on the course that you complete and sign a medical disclosure in full with no omissions. 

 

Age:

With the exception of those courses offered specifically for children, the School will only accept students under the age of 18 at its discretion. Acceptance will depend upon the requirements of the course, nature of the activity and the opportunity to provide acceptable levels of supervision. 

 

Water confidence.

Students attending courses afloat must be either competent swimmers or water confident 

 

Personal effects:

Although all possible measures are taken to ensure security the School, its servants, its employees or agents are not under any liability whatsoever in respect of loss or damage to students property or belongings while attending a course. 

 

Adjustment of Conditions:

The School reserves the right to: a) Alter prices where necessary. b) Cancel a course up to 2 weeks before it is due to start c) Decline a booking for reasons of safety, experience or other reasonable cause d) Request a student to withdraw from a course e) Change the advertised craft programme. 

 

Exclusions:

" The School takes no responsibility for any consequential losses incurred as a result of course cancellation, change of program, vessel, or other change in advertised conditions. The School carries compulsory public liability insurance, but does not provide other non compulsory insurance " 

 

Satisfaction:

We make the utmost effort to ensure our service and tuition is to your satisfaction. However if you become dissatisfied in any way you are obliged to inform the School at the earliest opportunity to enable us to address the error before the end of the course. 

 

Force Majeure:.

The School cannot be responsible for matters outside its control. These include (but not by way of limitation) outbreak of hostilities, civil commotion, riot, pandemic, adverse weather conditions, or any act of God effecting the conduct of the course. In this event Balmoral Water Sports Center will not be liable to refund any fees or pay any compensation. 

 

Litigation:

Any referring to the contract will be dealt with according to Australian law in an Australian court. 

 

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Photographic consent:

We take photos and they may be used on our website and in other printed promotional material. Where a photo is used in this way, prints will be made available to you on request. To have this clause deleted from this agreement, please not your request on the bottom of this form. 

 

Medical treatment:

Other than as disclosed on this form I warrant that myself (or my child) have no relevant health or learning problems of which I am aware and in the case of the child that I have the authority to enroll the child in Balmoral Sailing School and permit medical treatment. I authorize medical treatment; including first aid ; for myself (or the child) at the sole discretion of Balmoral Water Sports Center and shall indemnify Balmoral Water Sports Center for all and any costs arising. On behalf of myself (or the child), and relatives, I release Balmoral Water Sports Center CAN 100723091 (Balmoral Water Sports Center and its staff) for all claims, rights and actions arising from any incident to myself (or the child). 

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I acknowledge that water sports can be dangerous and that Balmoral Watersports Center is not a child care facility, when my daughter/son/ward’s will participate in Water Sports, elements of the program could be physically and emotionally demanding. Furthermore, I acknowledge that I am aware that certain inherent physical and/or emotional risks and dangers exist in the activities in which my daughter/son/ward will be participating. I acknowledge that while Balmoral Water Sports Center and its staff will make every reasonable effort to teach my daughter/son/ward proper outdoor techniques and to minimise exposure to known risks, all hazards and dangers associated with these activities cannot be foreseen or may be beyond the control of Balmoral Water Sports and its instructors or staff.

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