Refunds/Waiver & Policies

Please ensure you read the waiver document and refund policies (different refund policies apply).

In booking and paying for the course you are confirming you have read and understood our waiver policy and refund policies (relevant to your course).

Our onboard Waiver is downloadable by clicking: SST Waiver Document, or please scroll down to the bottom of this page and read FULL WAIVER

Refund Policy
Sailing Courses: Click here: Refund Policy Sailing Courses
All F2F courses (excluding Boat Licence), REFUNDS F2F COURSES
Boat Licence/PWC only (RMS/Services course), REFUNDS BOAT LICENCE

All online courses, REFUNDS ONLINE COURSES’

Refunds for cruises/sailing courses as per www.sailingeden.com booking form. (The wavier below applies).

 

You can read our privacy policy here.

You can read our DCMA Process(Digital Millenium Copyright Act) here.

You can read our Use of Website T&Cs here

 

FULL WAIVER

AGREEMENT TO WAIVER AND RELEASE

AGREEMENT TO WAIVER AND RELEASE

 

 

DEFINITIONS

  1. In this agreement the term:
  • ‘SisterShip Training’ and ‘the supplier’ means SisterShip Training Pty Ltd 635 698 896 and includes Sailing Eden Activities.
  • “the Activities” means water sports, sailing, day chartering, swimming, multi-day cruising, yachting, hiking, sail training, powerboat training, sailing training, commercial training, transport on small water vessels (including dinghy, rowboat, or motorboat) and associated sporting, recreational or commercial activities and leisure time pursuits offered by SisterShip Training.
  • ‘you’ and ‘your’ means the customer as set out above and includes their heirs, successors, legal personal representatives and assigns.
  • “Claims” means any present or future, actual or contingent, claim, cause of action, complaint, liability, demand, cost or expense (including any legal costs or expenses) that any person has or might have in connection with or arising in any way from the Activities, whether or not the facts, matters or circumstances giving rise to that claim, cause of action, complaint, liability, demand, cost or expense are known to that person or to any other person at the date of this form.

 

ACKNOWLEDGMENT OF RISKS

  1. You acknowledge the Activities are dangerous recreational and commercial training activities and that by participating in the Activities you are exposed to certain risks. These risks include physical injury, mental injury, death, and the contraction, aggravation or acceleration of a disease (“the Risks”).

 

  1. You agree to participate in the Activities with full knowledge of the Risks and so do at your own risk.

 

  1. You acknowledge there are additional risks such as damage to personal belongings and personal belongings being lost or stolen.

 

  1. You warrant you are in good health and have disclosed any pre-existing health condition(s) to SisterShip Training.

 

 

WAIVER AND RELEASE

  1. In consideration of SisterShip Training consenting to your participation in the Activities you agree, to the extent permitted by law:

 

  • to waive the right to any and all Claims against SisterShip Training and its employees, directors, agents, volunteers, and associated entities in relation to the Risks which may in any way arise from your participation in the Activities and in any other activities offered by SisterShip Training; and

 

  • to release SisterShip Training and its employees, directors, officers, agents, volunteers, and associated entities from any liability, loss, damage and Claims in relation to the Risks which you may incur either now or in the future as a result of your participation in the Activities and in any other activities offered by SisterShip Training; and

 

  • to indemnify SisterShip Training and its employees, directors, officers, agents, volunteers, and associated entities from any liability, loss, damage and Claims in relation to the Risks which you may incur either now or in the future as a result of your participation in the Activities and in any other activities offered by SisterShip Training; and

 

  • to waive any Claims and hold harmless SisterShip Training in respect of any loss you may sustain due to your personal belongings being damaged, lost or stolen.

 

  1. This agreement shall bind your heirs, legal personal representatives, successors and assigns.

 

  1. If any portion of this agreement becomes unenforceable, invalid or invalidated, then:

 

  • the unenforceable or invalid provisions shall be deemed to be severable; and
  • the balance of provisions of this agreement shall remain in full force and effect.

 

  1. This agreement shall be governed by the laws of NSW. The parties submit to the non-exclusive jurisdiction of the Courts of the State of NSW and of the Commonwealth of Australia.

CONSENT TO MEDICAL SERVICES

  1. You agree to pay the cost of and authorize SisterShip Training to take all steps it considers reasonably necessary in the event you sustain an injury, including the administration of any emergency medical treatment and ambulance transportation.

 

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012

  1. Under the Australian Consumer Law (NSW), several statutory guarantees apply to the supply of certain goods and services.  These guarantees mean that the supplier named on this form is required to ensure that the recreational and commercial services it supplies to you—
  • are rendered with due care and skill; and
  • are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
  • might reasonably be expected to achieve any result you have made known to the supplier.

Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you.  If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.

NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part.  Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission.  See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.

You have read and understood the terms of this agreement and are aware that by being onboard our vessels/undertaking any training/event (as detailed in this agreement) you are waiving certain legal rights.