Terms of Hire

 

EQUIPMENT HIRE TERMS & CONDITIONS

These Equipment Hire Terms and Conditions (Terms) are between Sydney Harbour Surf Club (ABN 53 627 506 647), its successors and assignees, (referred to as “we”, “us” or “our”) and you, the person, organisation or entity that purchases services and related products from us (referred to as “you” or “your”), and collectively the Parties. These Terms apply to all sales made by us to you.

These Terms form the agreement under which we will provide equipment hire services and related products to you. Please read these Terms carefully. If you have any questions, please contact us using the contact details below, before you purchase our services or related products from us. We may provide the services to you using our employees, contractors and third party providers, and they are included in these Terms.

1. Application & Acceptance:

(a) You accept these Terms by applying to hire equipment from us. Your application indicates that you have had sufficient opportunity to access these Terms and contact us, that you have read, accepted and will comply with these Terms, and that you are 18 years or older, or have the consent of a legal guardian who is 18 years or older.
(b) You cannot hire equipment from us if you are under 18 years of age or do not have the consent of a legal guardian who is 18 years or older. If you do not agree to these Terms, you should not apply to hire equipment from us.

2. Equipment Hire:

(a) You may apply to hire equipment from us by agreeing to this form. We may at our discretion accept or reject your application depending on factors including availability of the equipment and our ability to validate payment for the services.
(b) It is your responsibility to check your details, including pricing, before you apply for this membership or pricing option.
(c) We will provide you with confirmation of your equipment hire, including the time of hire and length of the hire period when your payment has been validated.
(d) A binding agreement comes into existence between you and us once we have confirmed your equipment hire as a weekly membership for a period of 52 weeks.
(e) It is your responsibility to book into your classes via the Sydney Harbour Surf Club app. The classes will be available for booking from 12pm Sunday the week commencing and will only be open for 14 days in advance.
(f) If you cannot make your weekly paddling classes you will still be charged your weekly membership.

(g) You can cancel your equipment hire contract at any time, your cancellation will apply from the next payment week.
(h) You can pause your equipment hire contract at any time for a maximum of 4 calendar weeks, your membership will be paused from the next payment week. A maximum of 4 membership pauses per year is permitted, with a minimum of 4 weeks active membership between each membership pause.
(i) If you would like to change your membership, please provide to us in writing the option you wish to undertake, and we will apply this from the next payment week.

3. Price and Payments:

(a) You agree to pay the equipment hire fee specified at the time that you apply for the equipment hire. All amounts are stated in Australian dollars. All prices include Australian GST.
(b) You must pay for the equipment hire by direct debit or credit card in advance. If you are on a equipment hire plan, your payment will be processed in accordance with the plan. You must not pay, or attempt to pay, your membership costs through any fraudulent or unlawful means. If your payment is not able to be successfully processed then your equipment hire will be cancelled.
(c) If amounts owing are unpaid, we have the right to cancel your equipment hire, engage debt collection services for the collection of unpaid and undisputed debt, and the right to commence legal proceedings for any outstanding amounts owed to us.

4. Equipment Hire Suspension and Cancellation:

(a) We may at our discretion suspend the equipment hire or restrict the area in which the equipment can be used if in our sole opinion the current or forecast weather conditions would make it dangerous to use the equipment.
(b) If for any reason we cannot provide or continue to provide you with the equipment hire, we will give you the option to delay your equipment hire until such time that we are able to provide the equipment or alternatively cancel your equipment hire. You will be refunded the full hire fees if you choose to cancel the equipment hire.

5. Cleaning and Repair or Replacement Charges:

(a) Cleaning: You must return the equipment in a clean condition.
(b) Repair & Replacement: You will be responsible for the cost of any repair to or replacement of the equipment due to theft, damage or destruction of the equipment that occurs during your hire period. Sydney Harbour Surf Club management have the right to charge and deduct your nominated credit card any reasonable amount for damages or replacement of our equipment. 

6. Code of Conduct:

By applying to hire our equipment you are agreeing to comply with our code of conduct. You agree:

(a) to follow any instructions provided regarding the use of the hire equipment or our facilities;
(b) you are able to swim at a level in which you could rescue yourself if you capsize in deep water;
(c) you have previous experience with the equipment or have taken instructions from us in the use of the equipment. We may require you to demonstrate your equipment and swimming skills prior to hiring the equipment;
(d) to respect our equipment and facilities by ensuring you leave equipment as you found it, ensure you clean the equipment after use and reporting any misuse or damage to our equipment of facilities as soon as possible;
(e) to keep your belonging’s safe. Please do not bring any valuables with you. Unfortunately, things can go missing and it is your responsibility to look after your belongings;
(f) to wear suitable clothing at all times when using our facilities including a Personal Flotation Device or Life Jacket;
(g) to respect and be courteous to all customers, guest and staff of Sydney Harbour Surf Club;
(h) that we will not tolerate rude or offensive behaviour; and
(i) to inform us of any medical of health conditions which may affect your ability to use the equipment.

Any breach of this code may result in the suspension or termination of your equipment hire.

Sydney Harbour Surf Club On and Off Water Code of Conduct

At Sydney Harbour Surf Club, we pride ourselves on fostering a culture of respect, inclusivity, safety and camaraderie among all members. Our club is more than just a place to paddle; it's a community where everyone, regardless of skill level or competitive nature, should feel valued and supported. We encourage every member to embrace these principles:

Mutual Respect: Treat fellow paddlers and the broader community with respect at all times.

Recognise each person’s right to enjoy surf ski paddling and the natural environment.

Inclusivity: We strive to be an inclusive club where everyone feels welcome. We celebrate diversity in our membership and seek to accommodate all members in our activities.

Encouragement and Support: Offer encouragement and support to your fellow paddlers. Applaud their successes, offer constructive advice when asked, and provide assistance when needed. 

Integrity: Conduct yourself with integrity both on and off the water. Be honest in your dealings and take responsibility for your actions.

By embodying these values, we not only enhance our own experiences but also contribute positively to the broader community. By following these guidelines, all members of Sydney Harbour Surf Club will contribute to a safe and enjoyable environment for everyone. 

On Water Code of Conduct

Right of Way and Overtaking

Right of Way: The paddler ahead always has right of way.

Overtaking with special consideration:

Overtaking should be done to the left where possible and safe with at least two metres distance “Two boats Two Metres”. Paddles should not be able to clash.

The overtaking paddler must verbally indicate their intention when approaching a paddler by calling out e.g. ‘on your left/right’.

The paddler being passed must hold their course as the overtaking paddlers pass.

Yielding: Veer right to avoid an oncoming surf ski paddler. 

Group Paddling with special consideration:

• Paddlers often like to maintain a wash ride formation when passing.
• Allow plenty of space when paddling in formation, considering the dimension and pace of the pack and the wash left to deal with.
• Follow the coach not the leading paddlers as the coach is always directing the group to safer waters and to make better use of the conditions.

Safety

Life Jackets: Wearing a life jacket compliant with NSW Maritime laws is mandatory.

Skill Limits: Paddle within your abilities.

Avoid water conditions or routes that exceed your skill level.

Equipment Check: Regularly inspect your boat and gear for any potential issues before setting out.

Surf Ski lights: In the dark, affix a low lumen white light to the bow (front) and a low lumen red light at the very end of the stern (rear). Lights are so you can be seen, not so you can see. (see website for purchase).

Respect for All Users

Consideration: The Harbour is a shared resource. Be considerate of other recreational paddlers, rowers, and wildlife.

Avoid Ferries when crossing Ferry lanes. Communicate with the Ferry driver by pointing your surf ski away from the Ferry and potential danger.

Handling Emergencies

Know Emergency Procedures: Carrying a whistle and waterproof communication device is recommended particularly in winter.

• Assistance: Help fellow paddlers in need, ensuring you do not compromise your own safety. Always stop and assist capsised paddlers if you can do so safely.
• In the dark: If a paddler is capsised and you are ahead of the capsised paddler, do not reverse if there are other paddlers behind you. The upcoming paddlers must stop and assist the capsised paddler.

Feedback and Continual Improvement

Receptiveness: Be open to feedback regarding your on-water behaviour.

Participation: Engage with Sydney Harbour Surf Club coaching team and management to discuss any safety or behaviour concerns identified on the water.

7. Privacy:

We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
Our Privacy Policy sets out how we collect, use and protect your personal information. This policy is available on request.

8. Discount Codes and Promotions:

We may from time to time offer promotional discounts or offers which may be applicable to you. The conditions of use relating to any discount code will be specified at the time that it is issued.

9. Dispute:

(a) Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our services, please contact us.
(b) You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us. The obligations under this clause will survive termination of these Terms.

10. Consumer Law:

(a) ACL: Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of services to you by which cannot be excluded, restricted or modified (“Statutory Rights”).
(b) Our liability is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
(c) Services: If you are a consumer as defined in the ACL, the following applies to you: We guarantee that the services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the services for or for a result which you have told us you wish the services to achieve, unless we consider and disclose that this purpose is not achievable; and will be subject and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our services is limited to us re-supplying the services to you, or, at our option, us refunding to you the amount you have paid us for the services to which your claim relates.
(d) Limitation: Our total liability arising out of or in connection with our services, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the equipment hire fees paid to us by you, if no amount is paid, it will not exceed one hundred dollars.

11. General:

(a) Email: You acknowledge that we may send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
(b) Accuracy: While we endeavour to keep the information up to date and correct, we make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
(c) Termination: We reserve the right to refuse supply of the equipment to you and terminate our contract with you, at our sole discretion, without incurring any liability to you.
(d) GST: If and when applicable, GST payable on our services or products will be set out in our invoices. By accepting these Terms you agree to pay us an amount equivalent to the GST imposed on these charges.
(e) Relationship of Parties: These Terms are not intended to create a relationship between the Parties of partnership, joint venture, or employer-employee.
(f) Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 1 months, we may terminate our agreement with you by giving you 5 business days’ notice in writing.
(g) Notice: Any notice in connection with these Terms will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the Party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other Party.
(h) Waiver: Any failure by a Party to insist upon strict performance by the other of any provision in these Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of these Terms shall be effective unless we expressly state it is a waiver and we communicate to you in writing.
(i) Assignment: You must not assign any rights and obligations under these Terms, whether in whole or in part, without our prior written consent.
(j) Severability: If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
(k) Jurisdiction and Applicable Law: Your use of the services and any dispute arising out of your use of it is subject to the laws of New South Wales and the Commonwealth of Australia. These Terms are governed by the laws of New South Wales and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in New South Wales.
(l) Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.

For any questions or notice, please contact us at:
Sydney Harbour Surf Club
Luke and Josephine Horder
ABN : 53 627 506 647
admin@sydneyharboursurfclub.com.au
Last update: 1st January 2024

DISCLAIMER

NOTICE TO PARTICIPANTS TO PARTICIPATE AT YOUR OWN RISK

1. Your participation in any ocean paddling, paddling events or training sessions (each “an Event”) officially or unofficially conducted, sponsored or endorsed by Sydney Harbour Surf Club is at your own risk.

2. You must be a competent paddler and swimmer, in reasonable health and fitness and can swim to shore from out at sea to participate in any Event conducted by Sydney Harbour Surf Club. Any person suffering from any medical condition must consult his/her medical adviser and follow such advice regarding participating in any Event.  Any person under the influence of or affected by alcohol, drugs, medication or other substances must not participate in any Event.

3. Open water paddling can be a dangerous recreational activity. Each such activity has obvious risks and particular risks of harm, including but not limited to: 

• Drowning, hypothermia or sunburn;
• Shark attack or injury from other dangerous marine life;
• You may be allergic to stingers, bluebottles, etc;
• Polluted or contaminated water can cause sickness/infection;
• Heavy seas and dangerous water conditions can cause injury/loss of life;
• Collision or physical contact with other paddlers, buoys, boats or other objects can cause injury;
• You could suffer a heart attack, epileptic fit, collapse, severe cramp, etc;
• Lightning might strike during an Event;
• Submerged rocks or other hidden objects can cause injury;
• Bare feet can be injured whilst launching your boat;
• You could be run down by a power boat, yacht or ferry;
• You could be washed onto rocks or capsized by wave action and hit your head;
• You could be hit by another paddler causing cuts or abrasions.

4. Whilst all participants in Events at their own risk, nevertheless every participant should exercise care and courtesy to avoid accidents, collisions with or injury to other participants. It shall be the sole decision of each participant whether to take part or continue to participate in an Event.

5. Events are intended to be good fun, promote wellbeing and fitness, and comradeship. Participants should enjoy themselves, but not at the expense of other participants. 

6. To participate in any Event, a participant must be eighteen (18) years of age or more and have signed an adult Waiver Form.

7. Compulsory safety equipment for any open water paddle:

• Suitable high vis PFD (lifejacket)
• Surf Ski leg leash in working order
• Mobile phone in waterproof case
• Safe trx tracking App on phone with tracking link sent to the group at each paddle.
• VHF radio (channel 77)
• EPIRB or location beacon device 

(“I” known as the “Participant”) wish to participate in one or more open water paddling events or training session (each an “Event”) conducted, sponsored or endorsed (whether officially or unofficially, by Sydney Harbour Surf Club.

I have read and accept the conditions set out in the Notice to Participants and I acknowledge that each Event involves a range of risks (not limited to the risks identified by Sydney Harbour Surf Club, including the risk of serious personal injury to me and that each Event could not be held unless all participants are willing to accept full responsibility for the consequences of these risks.

 Therefore, and in consideration of Sydney Harbour Surf Club accepting me as a participant in any such Event, for myself, my heirs, successors, executors and administrators, I hereby:

• acknowledge that my participation in any Event is entirely at my own risk;

• waive, release and discharge Sydney Harbour Surf Club Organisers, Coaches, Management, officials, and all other participants (or any one or more of them and their respective heirs, successors, executors and administrators) (collectively “the Releasees”) from all claims and demands whatsoever, including any claim for loss or damages caused by negligence of any of them arising out of the conduct or otherwise of any Event (including failure to warn of any particular risk), or arising from any act or omission before, during or after an Event, including any claim for reimbursement of any costs or expenses (including, but not limited to, legal, medical, hospital, and rehabilitation expenses) that may be incurred by me or anybody on my behalf (collectively “Claims”);

• agree to indemnify and hold harmless the Releasees and each of them against all Claims that I or anybody on my behalf may make against the Releasees or any of them; and

• accept full responsibility for my personal possessions before, during and after an Event;

• agree that Sydney Harbour Surf Club Management and/or Coaches may publish or use any photographs of me or any member of my family taken at any Event in any of Sydney Harbour Surf Club publications, promotions or records, or in such other manner as Sydney Harbour Surf Club may from time to time decide without my prior approval or consultation with me.

8. In consideration of being provided with the hire equipment you agree by clicking the agree button on the SHSC App when lodging an account. By clicking agree you are accepting all responsibility to the fullest extent of the law for injury caused to you, by others or yourself, through accident or negligence. You release and indemnify us, our directors, servants, agents and associated entities, against any action or claim arising from the use of the hire equipment.

I HAVE READ AND UNDERSTAND THAT MY RIGHTS ARE LIMITED BY THIS DISCLAIMER