Boat Wise Sydney – Training Terms & Conditions
These Terms and Conditions (“Agreement”) form a legally binding agreement between Boat Wise Sydney Pty Ltd (ABN 83 644 502 116, ACN 644 502 116) (“Boat Wise”, “we”, “us”, “our”) and the client (“you”). By submitting an enrolment form, booking, or attending any training session, you accept and agree to be bound by these Terms.
1. Client as Skipper and Vessel Responsibility
You are the skipper of the vessel at all times. At no time will Boat Wise staff, contractors, or employees assume command of the vessel, even temporarily, unless explicitly required for the immediate safety of persons or property.
You are solely responsible for:
• The safe and lawful operation of the vessel,
• Ensuring the vessel is serviced and maintained to the manufacturer’s specifications,
• Supplying all fuel, crew, and required safety equipment,
• Maintaining current registration and compliance,
• Ensuring the vessel is fully insured at all times.
2. Insurance Requirement
You must hold comprehensive marine insurance that covers:
• Hull and machinery,
• Third-party liability,
• Passenger liability,
• Incidents, accidents, or claims occurring during training.
Proof of insurance may be requested prior to training. Training will not proceed unless valid cover is in place. Boat Wise reserves the right to refuse training if proof of insurance is not provided prior to commencement. Fees remain payable in such circumstances.
3. Cancellations, Rescheduling, and Breakdowns
If your vessel is unseaworthy or inoperable, you must notify Boat Wise at least 48 hours prior to the scheduled session. Failure to notify will result in forfeiture of fees. At Boat Wise’s discretion, exceptions may be made for unforeseen emergencies.
If your vessel breaks down during training:
• Training fees remain payable in full,
• Any additional trainer time required (waiting, assisting, or extended hours on board) will be charged at Boat Wise’s standard hourly rate,
• Any costs incurred by Boat Wise as a result (e.g. transport, towing assistance, delays) will be payable by you.
If Boat Wise cancels due to weather, trainer illness, or unforeseen circumstances, sessions will be rescheduled at no additional cost. Refunds will only be provided as required under the Australian Consumer Law.
4. Accidents, Incidents, and Risk
Boating activities involve inherent risks including injury, exhaustion, equipment failure, adverse weather, and limited access to medical care. All incidents and claims must be dealt with through your insurance. Boat Wise and its instructors are excluded from any liability arising from your vessel’s condition, maintenance, or operation.
5. Exclusion of Liability
To the maximum extent permitted by law, Boat Wise, its employees, staff, trainers, and contractors are not liable for:
• Death, personal injury (physical or mental), loss, or damage connected with training,
• Any incident, accident, breakdown, or damage occurring on your vessel,
• Costs, losses, or delays arising from poor maintenance, inadequate servicing, or mechanical failure of your vessel,
• Any consequential, indirect, or economic loss, including but not limited to loss of business, charter income, or use of the vessel.
If Boat Wise is found liable despite this clause, liability is strictly capped at the total service fees paid for the relevant session.
6. Indemnity
You indemnify and hold harmless Boat Wise, its directors, employees, contractors, and agents against any and all claims, costs, damages, or liabilities arising from or in connection with:
• Accidents, incidents, or injury involving your vessel,
• Your failure to maintain and service your vessel to manufacturer’s specifications,
• Any claims made by passengers, invitees, or third parties,
• Any breakdown, unseaworthiness, or operational failure during training,
• Any breach of this Agreement,
• Any injury sustained by Boat Wise staff, contractors, or representatives arising from the condition, operation, or use of your vessel.
7. Training Outcomes
Boat Wise will use best efforts to deliver high-quality training. No guarantee is given that you will achieve any qualification, licence, or competency as a result of training. Any statements by Boat Wise regarding competency, readiness, or outcomes are expressions of opinion only and not guarantees.
8. Governing Law and Venue
This Agreement is governed by the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales and waive any objection on the basis of inconvenient forum.
9. Force Majeure
Boat Wise is not liable for failure or delay in performance arising from circumstances beyond its reasonable control, including but not limited to weather events, natural disasters, government restrictions, or pandemics.
10. Changes to Terms
Boat Wise may update these Terms at any time. Updated Terms will not affect sessions already booked but will apply to all future bookings once published on our website.
11. General Provisions
• Fees are payable in full prior to training unless otherwise agreed in writing.
• By booking or attending training with Boat Wise, you confirm that you have read and understood these Terms, accept full responsibility as skipper and vessel owner, hold appropriate insurance, and release Boat Wise from all liability to the maximum extent permitted by law.
• If any part of this Agreement is found invalid or unenforceable, the remainder continues in full force and effect.
