T&Cs - Waiver
RISK WARNING AND EXCLUSION OF LEGAL LIABILITY
"Paddleboarding can be an enjoyable and exciting activity.
However, like many recreational activities that require physical exertion, paddleboarding carries the risk of bodily injury.”
The risks associated with paddleboarding include the following:
You will be exposed to cold water (and potentially polluted water) and sun for an extended period
You will be physically exerting yourself in ways you may not be accustomed to
You may collide with another SUP (or other ocean-user) or their (or your own) SUP or some other watercraft
You may lose your balance and fall from your board onto a shallow sandbank or reef
You may be caught in a rip or dragged out to sea or into an area where the waves are breaking with high-impact pronto rocks or a headland
Travelling to and from paddleboarding venues can result in a car accident and or being hit by a car when crossing roads as a pedestrian
You may be stung or bitten by an ocean creature such as a bluebottle jellyfish, stingray or even a shark
As a result, you may aggravate an existing injury (especially shoulder/knee injuries) or suffer serious injury, disease or death (including drowning).
You should wear an appropriate wetsuit or rash shirt (in hotter months) and apply maximum sunscreen protection on all exposed skin.
By participating in paddleboarding activities and equipment provided by Sunlark either at this time or in the future, I agree:
To comply promptly with all directions, information and security briefings given to me by instructors, employees or agents of Sunlark
That I participate at my own risk
That Sunlark has no liability to me for personal injury, disease or death arising from the services and equipment that Sunlark provides to me.
That the agreement for services provided by me to Sunlark at this moment excludes liability that results from a breach of any implied or express warranty and any liability for their breach that any equipment supplied by Sunlark in connection with the paddleboarding activities or separately will be fit for the purpose for which they are provided.
That it is my responsibility to consult with a physician before and regarding my participation in Sunlark SUPs Activities. I represent and warrant that I am physically fit, and I have no medical condition that would prevent my full participation in the classes.
In consideration of being permitted to participate in SUP classes/rentals/tours, I agree to assume full responsibility for any risks, injuries or damages, known or unknown, which I might incur as a result of participating in classes.
In further consideration of being permitted to participate in SUP classes/rentals/tours, I knowingly, voluntarily and expressly waive any claim I may have against Sunlark, or its owners and teachers, for any injury or damages that I may sustain as a result of participating in the classes.
I, my heirs or legal representatives, forever release, waive, discharge and covenant negligence or other acts. I have read the above release and waiver of liability and fully understand its contents. I voluntarily agree to the terms and conditions stated above.
Additional charges due to equipment damage are as follows:
Mirage Drive (Fin system) damage - up to $999
Handlebar damage - up to $569
Pedal damage - up to $153
Paddle board damage - up to $500
Broken Rudder - $40
By signing this waiver, I understand that:
Adults must accompany children under 12
All sessions are pre-paid
Must arrive 15 mins before classes
All persons booking SUP Rentals must provide I.D & Credit Card Details
Must sign waiver/enrolment form
No Refund Policy
At Sunlark Watersports, we prioritise safety and flexibility while maintaining clear refund guidelines. Please review the following:
If you book an activity and choose to cancel due to a ‘change of mind’ or other reasons:
1. Cancellation More Than 7 Days in Advance:
You will be offered either a free reschedule to an alternative date or a 90% refund. Sydney by Kayak retains 10% of the activity cost to cover associated fees.
2. Cancellation Within 3-7 Days of the Activity:
A reschedule to an alternative date is available with a 20% rebooking fee. However, no refunds will be issued within this timeframe.
3. Cancellation Within 72 Hours or No Shows:
No refund, alternative date, or store credit will be provided for cancellations made within 72 hours of the activity or for no-shows on the day.
Credits:
• A credit will be issued if the client informs Sunlark at least 48 hours before the scheduled activity.
• If the instructor cancels the activity due to unsafe or unsuitable conditions, a credit will be provided.
Rain and Weather:
• Rain does not warrant a refund, but you will be given a credit.
• Should water or weather conditions become hazardous during the activity, the instructor may adapt by stopping activities or rescheduling for another suitable time.
Non-Compliance:
• No refund or credit will be provided if the client does not adhere to Sunlark’s policies and the instructor determines they cannot participate safely.
Medical Conditions:
• If a medical condition arises after the session begins, and the instructor deems it unsafe for the client to continue, a credit or rescheduling will be granted.
Gift Vouchers:
• Vouchers are non-refundable but can be transferred to another person.
We appreciate your understanding and cooperation in ensuring a safe and enjoyable experience for everyone. If you have any questions or concerns, feel free to reach out.