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Terms & Conditions

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1. Acceptance

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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

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  • Business Name: Nor'Easter Pty Ltd trading as Balmoral Water Sports Center

  • ABN: 20 688 721 477

  • Location: Balmoral Sailing Club, The Esplanade, Mosman NSW 2088

  • Contact: info@sailingschool.com.au | +61 431 113 188

 

3. Services Provided

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We offer:

  • Sailing, windsurfing, winging, and standup paddle boarding lessons,

  • Equipment hire,

  • Water sports school holiday camps,

  • Birthday parties and corporate groups/team building events,

  • School sport programs.

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Minimum participant age is 7 years old unless stated otherwise. All participants must be able to swim 25 meters unassisted and be in good health.

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4. Bookings & Payments

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  • Full payment is required at time of booking unless otherwise arranged.

  • Birthday party bookings require a non-refundable $135 deposit, with balance due at least 7 days before the event.

  • 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.

 

5. 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.

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6. 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.

 

7. 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.

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8. Waiver & Acknowledgement of Risk

By booking or participating in any activity with Balmoral Water Sports Center, you acknowledge and agree to the following:

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  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

 

9. 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.

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10. Participant Conduct & Responsibilities

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  • 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.

 

11. Gift Vouchers

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  • All gift vouchers are valid for 3 years from the date of issue, as per Australian Consumer Law.

  • Vouchers are non-refundable and not redeemable for cash.

  • They can be used toward any service offered by Balmoral Water Sports Center, unless otherwise stated.

  • Bookings using a voucher are essential and subject to availability.

  • Standard cancellation policies apply to voucher bookings.

  • Lost, stolen, or expired vouchers cannot be replaced.

  • No activation or service fees apply.

 

12. 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 respect all school and organisational policies regarding photography and media. No photos or videos of students will be taken or used by Balmoral Water Sports without prior written permission from the school or organiser.

We:

  • Do not sell media to third parties.

  • Store media securely and respectfully.

  • Will remove images upon request.

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13. 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.

You can access our full privacy policy HERE.

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14. Equipment Hire (if applicable)

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  • You are responsible for hired equipment during the session.

  • Lost or damaged equipment may incur a replacement fee.

  • Equipment must be returned on time and in original condition.

 

15. 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.

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16. Force Majeure

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We are not liable for failure to provide services due to events beyond our control, including natural disasters, pandemics, fires, floods, or government restrictions.

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17. Governing Law

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These terms are governed by the laws of New South Wales, Australia. Any disputes will be handled in NSW courts.

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18. 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.

 

19. 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.

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