THE SURF SHUTTLE
PARTICIPATION AGREEMENT, RISK ACKNOWLEDGEMENT AND MEDICAL
CONSENT
1. Acknowledgement of Risk
Participation in activities organised or facilitated by The Surf Shuttle ("the Facilitator") may include, but is not limited to, surfing, snorkelling, skating, beach and ocean activities, outdoor recreational activities, excursions, and transport to and from activity locations ("the Event").
The participant and or parent or guardian acknowledges that participation in these activities involves inherent risks which cannot be completely eliminated even when reasonable care and precautions are taken by the Facilitator.
These risks may include injury from falls, collisions, or contact with equipment or other participants, risks associated with ocean environments including waves, currents, tides, marine life, submerged objects and changing weather conditions, risks associated with outdoor environments and recreational facilities, risks associated with transport to and from activity locations, and physical exertion which may result in illness, injury, or aggravation of a pre existing condition.
By participating in the Event the participant and or parent or guardian acknowledges and accepts that such risks exist and that participation is undertaken voluntarily.
2. Participant Health and Medical Information
The participant confirms that they are physically capable of participating in the Event.
The participant and or parent or guardian agrees to inform the Facilitator of any relevant medical conditions, injuries, allergies, medications, or health concerns that may affect participation or require special attention.
The Facilitator reserves the right to decline or discontinue participation if it is reasonably believed that
continuing the activity may place the participant or others at risk.
3. Water Competency
For activities conducted in or around water environments the participant and or parent or guardian confirms that the participant is comfortable in the water and possesses a level of swimming ability appropriate for participation in the activity.
Ocean environments are dynamic and conditions such as waves, currents, tides, and marine life may change rapidly.
The Facilitator may decline or modify participation if it is reasonably believed that a participant’s swimming ability or comfort in the water is not adequate for the conditions or activity.
4. Emergency Medical Treatment
In the event of illness or injury during the Event the participant and or parent or guardian authorises the Facilitator to provide basic first aid where appropriate and to seek medical assistance including ambulance transport if considered reasonably necessary.
Any medical costs incurred remain the responsibility of the participant or their parent or guardian.
5. Participant Responsibilities and Supervision
Participants agree to follow all safety instructions provided by the Facilitator or activity supervisors, behave in a respectful and responsible manner, comply with applicable laws and safety requirements, and use equipment responsibly and only as instructed.
The Facilitator provides supervision appropriate to the nature of the activity and the group setting. Activities may involve multiple participants and may take place across beach areas, ocean environments, skate areas, or other outdoor recreational spaces.
Participants acknowledge that supervision is provided on a group basis and that facilitators may be assisting multiple participants at any given time. While reasonable care and supervision are provided, constant one to one supervision of each participant at every moment cannot be guaranteed.
Participants may at times move within designated activity zones or preparation areas under the direction of the Facilitator. In water based activities participants, particularly those in more advanced groups, may be spread across a wider area in the water while remaining within the supervised activity zone.
Participants must follow all instructions provided by the Facilitator and remain within designated areas unless directed otherwise.
6. Environmental and Ocean Conditions
Activities facilitated by The Surf Shuttle may occur in natural environments including beaches, oceans, skate areas, parks, and other outdoor recreational locations.
Participants acknowledge that these environments involve inherent risks and that conditions such as surf, waves, tides, currents, weather, marine life, submerged objects, surface conditions, and visibility may change rapidly and cannot be completely controlled or predicted.
While the Facilitator will assess conditions and implement reasonable safety measures the natural environment remains dynamic and unpredictable and risks associated with these environments cannot be entirely eliminated despite reasonable care.
7. Activity Modifications
The Surf Shuttle aims to deliver the activities advertised for each program. However due to changing
environmental conditions or safety considerations the Facilitator may modify, postpone, relocate, or adjust the activity.
Where the planned activity cannot proceed safely the session may include alternative activities such as skill development, safety instruction, land based training, or other recreational activities appropriate to the environment and participant group.
Such modifications may occur without refund where a reasonable alternative activity is provided.
8. Activities Conducted Outside New South Wales
Activities facilitated by The Surf Shuttle may occasionally take place outside New South Wales including
interstate excursions, surf trips, or activity camps.
This agreement applies to participation in any activity organised or facilitated by The Surf Shuttle regardless of the location where the activity occurs.
9. Transport, Collection and Participant Drop Off
Some activities may involve transport to and from activity locations arranged by The Surf Shuttle. Participants acknowledge that reasonable care will be taken during transport however travel to and from activity locations forms part of the Event and carries risks associated with normal road travel.
Where The Surf Shuttle provides collection of participants from a designated pickup location the participant must be present at the agreed pickup location at the nominated collection time. The participant is not considered to be in the care or supervision of The Surf Shuttle until they have been collected by the Facilitator.If a participant is not present at the pickup location at the nominated collection time The Surf Shuttle may be required to continue to the next scheduled stop or activity in order to avoid delays affecting other participants. In such circumstances the session may be forfeited and may not be eligible for refund.
Parents and guardians acknowledge that pickup and drop off locations may be public places such as beaches, car parks, parks, skate areas or other public spaces which are not owned or controlled by The Surf Shuttle.
Parents or guardians are responsible for ensuring participants are available at the designated pickup location and time at the start of an activity and for ensuring appropriate arrangements are in place following the conclusion of the activity.
Where participants are transported and returned to a designated drop off location the Facilitator may release the participant at the agreed drop off location even if a parent or guardian is not present unless alternative arrangements have been communicated and agreed in advance.Where a participant has permission from their parent or guardian to depart independently from the designated drop off location including walking home or leaving the location without supervision the parent or guardian acknowledges that responsibility for the participant transfers from The Surf Shuttle to the parent or guardian once the participant has been released at the agreed drop off location.
Parents and guardians acknowledge that The Surf Shuttle operates on scheduled transport and activity times and may be required to continue to the next scheduled stop or activity to avoid delays affecting other participants.
10. Emergency Contact and Authorised Collection
Parents or guardians must provide at least one emergency contact who may be contacted in the event of illness, injury, or other circumstances requiring immediate communication during the Event.
Where a participant is to be collected by someone other than the parent or guardian the parent or guardian must notify the Facilitator in advance of the authorised person responsible for collecting the participant.
11. Participant Safety and Behaviour
The safety of all participants is a priority for The Surf Shuttle. Participants are expected to follow all safety instructions provided by the Facilitator and to behave in a manner that does not place themselves or others at risk.
If a participant repeatedly ignores safety instructions, behaves in a manner considered unsafe, disruptive, or inappropriate, or interferes with the safe conduct of the activity the Facilitator may require the participant to stop participating in the activity for that session.
Where necessary for safety reasons the Facilitator may remove a participant from the activity area or require the participant to remain under supervision until they can be safely returned to the designated drop off location.
Removal from an activity for behavioural or safety reasons may occur without refund.
12. Limitation of Liability
Nothing in this agreement excludes, restricts, or modifies any rights or remedies which cannot lawfully be excluded under Australian Consumer Law or other applicable legislation.
To the extent permitted by law the participant and or parent or guardian acknowledges that participation in recreational activities organised by the Facilitator involves inherent risks and agrees that the Facilitator will not be held responsible for injury or loss arising from those inherent risks.
13. Cancellation Policy
For group activities places are limited and cancellations may affect the availability of spaces for other
participants.
Unless otherwise approved by the Facilitator group activity bookings are non refundable, private sessions may be rescheduled or refunded with at least 48 hours notice, and cancellations within 48 hours may result in the session being forfeited.
Details regarding makeup sessions or alternative arrangements may be provided at the Facilitator’s discretion.
14. Acceptance of Agreement
By signing this agreement or confirming acceptance electronically the participant and or parent or guardian confirms that they have read and understood this agreement, acknowledge the inherent risks associated with participation, and consent to the participant taking part in activities facilitated by The Surf Shuttle.
Where the participant is under 18 years of age the person signing confirms they are the parent or legal guardian of the participant and provide consent on their behalf.
15. Severability
If any provision of this agreement is found by a court of competent jurisdiction to be invalid, unlawful, or unenforceable that provision shall be deemed severed from the agreement and the remaining provisions shall continue in full force and effect to the extent permitted by law.
16. Governing Law
This agreement is governed by the laws of New South Wales Australia and any disputes will be subject to the jurisdiction of the courts of New South Wales.
17. Definitions
Facilitator means The Surf Shuttle and its employees, contractors, and activity supervisors.
Event means any activity organised or facilitated by The Surf Shuttle including surfing, skating, snorkelling, beach activities, outdoor recreation activities, excursions, and transport associated with those activities.
TryBooking is an online system for organisations and community groups that has been designed to look after the entire event ticketing and registration needs.
All issues relating to the sale of tickets and the hosting of their associated event(s) are the responsibility of the “Event Organiser” and not that of TryBooking Pty Ltd (Australian Business Number 71126987915).
Please visit https://www.trybooking.com/info/customer-terms-and-conditions for our terms and conditions.