Terms and Conditions

Kayaking with Sydney by Kayak

1. Paddlers must agree to these terms and conditions including the completion and signing of the digital Agreement form which is provided upon booking.
2. The Agreement will become a legally binding contract between paddlers and Sydney by Kayak. It is important that all paddler’s read and understand these terms and conditions, the clauses relating to acceptance of risks, release from claims and indemnity. The Agreement shall be binding on paddler’s heirs, executors, assigns and next of kin. If you require any help in understanding this Agreement, please ask the staff of Sydney by Kayak for assistance.
3. Paddler’s must accept these terms and conditions to participate in the Kayaking Activity. If not, Sydney by Kayak will, on request, refund any participate fees paid, minus a 10% administration fee.
4. All terms and conditions stated are subject to change without notice.
5. Paddlers, to the best of knowledge, must not suffer from any illness, ailment or incapacity that may hinder or affect your ability to paddle, or which may prevent you from participating in the Kayaking Activity with Sydney by Kayak.
6. Paddlers must advise Sydney by Kayak if of any known health or medical condition or disability affecting them and any prescribed medication that may be used in their treatment.
7. Paddlers must wear a lifejacket at all times on the water and stay within earshot of your Kayak Fitness Trainer listening for instructions at all times.8. Paddlers must be over the age of 8 and children under 15 must be accompanied by a parent/guardian 18 years or above and weigh less than 110kg/240lb.
8. Paddlers must act as a reasonably prudent person when engaging in Kayaking Activities with Sydney by Kayak, and to obey and follow the instructions, rules, warnings and regulations notified (whether in writing, on signs, verbally or otherwise) at any time by staff. This always includes avoiding walking on the boat ramp area.
9. Paddlers must not participate in Kayaking Activities conducted by Sydney by Kayak intoxicated or under the influence of alcohol or drugs. Sydney by Kayak reserve the right to breathalyse paddlers and refuse paddlers participation if intoxicated, with no refund given.
10. Paddler’s must notify Sydney by Kayak staff of any incident or accident involving personal injury or illness experienced by you or witnessed by you during any of the Kayaking Activities with Sydney by Kayak.
11. Should paddlers suffer an injury or illness during the Kayaking Activity, Sydney by Kayak staff may, at your own cost, arrange such medical treatment and emergency evacuation service, as they shall consider necessary for your health and safety.

Your COVID obligations In the interest of protecting the health and well-being of Sydney by Kayak staff and guests, paddlers must not attend their scheduled kayaking activity if they:

• have been diagnosed with COVID-19
• have been in close contact with a person who has a reported or suspected case of coronavirus (COVID-19) in the 14 days prior to my Kayaking Activity
• have a fever, cough, sore throat, shortness of breath or other cold/flu-like symptoms in the 72 hours prior to my Kayaking Activity.
• have been notified by NSW Health that we are close contacts of a COVID case.

Photographs and image capture

1. Sydney by Kayak photographs paddlers while participating in Kayaking Activities and provides these complimentary photographs to paddlers digitally.
2. Photographs obtained from Sydney by Kayak remain copyright to Sydney by Kayak and may only be used or reproduced by the paddler or recipient for private or domestic purposes and must not be used for any commercial purpose, including promotion of any supplier or any supplier’s products or services, without Sydney by Kayak’s prior written permission.
3. Paddlers agree that Sydney by Kayak and its authorised sub-contractors have the authority to use and reproduce any photograph taken of a paddler for any disclosed purpose including display and purchase by or on behalf of paddlers, without prior notice or payment of compensation to the paddler.
4. Paddlers that do not agree to having their photographs taken, must advise the Kayaking Guide prior to commencement of the Kayaking Activity.

Cancellations and refund policy

1. Sydney by Kayak reserves its right to determine the suitability of the weather and other conditions (‘the conditions’) on the day for participation in the Kayaking Activity and is at liberty to cancel the Kayaking Activity at its own discretion.
2. If Sydney by Kayak determines prior to the commencement of a Kayaking Activity that the conditions are not safe, then you will be offered an alternative date, a store credit or a 90% refund. Decisions on the safety and conditions for kayaking will be made on real time weather at the boat ramp on the morning of the tour, so you will need to show up for your paddle regardless.
3. If Sydney by Kayak determines that the conditions are safe for the Kayaking Activity, but you elect not to participate, then Sydney by Kayak will not be at liberty to provide a refund or reschedule. If Sydney by Kayak determines at a point during the course of the Kayaking Activity, including at the boat ramp prior to a kayaking activity, that the conditions are not safe for the activity, then Sydney by Kayak will offer an alternative date, store credit or 90% refund. Sydney by Kayak will not be responsible for any inconvenience (financial or otherwise) caused by cancellation of the activities upon your arrival at the location determined for the kayaking activity.
4. If you book a Kayaking Activity and opt to cancel due to ‘change of mind’ or other circumstances, outside of 7 days, an alternative date will be offered, free of charge, or a 90% refund. Sydney by Kayak retains 10% of the activity cost to cover fees incurred.
5. If you book a Kayaking Activity and opt to cancel due to ‘change of mind’ or other circumstances, within 3–7 days of your Kayaking Activity, an alternative date will be offered with a 20% rebooking fee to make up the Kayaking Activity, but no refund will be offered this close to your tour.
6. No refund, alternative date or store credit will be provided for cancellations within 72 hours and ‘no shows’ on the day.
7. If Sydney by Kayak are unable to operate due to Government restrictions, Sydney by Kayak will provide open-ended store credits/digital gift certificates to the full value of your seats booked. These will apply to everyone booked in for the upcoming 2 weeks, rolling out these store credits weekly until restrictions are lifted. As restrictions and rules are constantly changing, we will monitor restrictions and post regular updates on our social pages, Facebook and Instagram. These codes can be used anytime in the future, once restrictions have lifted. They are transferable to friends and family if you are unable to redeem them. Refunds will not be provided.
8. Sydney by Kayak are an all-weather experience, kayaking during the time of the Sunrise and mid-morning, but cannot guarantee what the sunrise or weather will be. Don’t forget to bring a raincoat in case of rain and dress for the conditions on the day.

The Sydney by Kayak team love to kayak but will postpone tours during electrical storms or during times of extremely high wind. If you have any questions, please contact us Consumer law obligations

1. Section 139A of Competition and Consumer Act, 2010 (Cth) permits Sydney by Kayak, the provider of the Kayaking Activity and associated services, to ask you to agree that the statutory guarantees under the Australian Consumer Law (Cth) do not apply to you.

Release of liability acknowledgment/risk warning

1. Paddler’s acknowledge that while participating in the Kayaking Activity/s with Sydney by Kayak, they will be exposed to certain risks or dangers including, amongst others:
• suffering bodily injury; strains; twists, ligament damage, fractures; broken bones; other physical injury; paralysis; disease; and / or death
• falling into water or being affected by other foreseeable risks associated with paddling, swimming, entering and exiting the kayak and using the kayak and other associated equipment
• extremes of weather including sudden and unexpected changes and/or other natural occurrences such as the presence of any kind of marine life which may harm you in any way or form (such as the presence of blue bottles)
• being involved in an accident or contracting an illness in any case, generally or requiring the assistance of medical / emergency services.
2. Paddlers acknowledge, agree and understand that the risk warning above and below constitutes a formal ‘risk warning’ for the purposes of the relevant legislation, including for the purpose of: i. Section 5M of the Civil Liability Act 2002 (NSW); ii. Section 5l of the Civil Liability Act 2002 (WA); iii. Section 48 of the Consumer Affairs and Fair-Trading Act (NT); iv. Section 43 of the Civil Law (Wrongs) Act 2002 (ACT); and / or v. Sections 13-19 of the Civil Liability Act 2003 (QLD).

Acceptance of risk/release and indemnity All paddlers irrevocably undertake in favour of Sydney by Kayak:

1. That participation in any Kayaking Activity with Sydney by Kayak is at their own risk.
2. To the extent permitted by law (including under section 139A of the Competition and Consumer Act 2010 (Cth) and the to release Sydney by Kayak and its agents, contractors and employees from all liabilities for any actions, claims, demands, losses, damages, costs and expenses arising from any death or injury to any persons and damage to, or loss of, any property, which may be suffered or sustained as a result of paddlers participation in any of the Kayaking Activity/s with Sydney by Kayak.
3. To indemnify Sydney by Kayak and its agents, contractors and employees against all actions, claims, demands, losses, damages, costs and expenses suffered or incurred in relation to paddlers participation in any of the Kayaking Activity/s with Sydney by Kayak.
4. Paddlers agree that Sydney by Kayak holds, and may enforce, the release and indemnity in respect of the above.