BOAT WISE SYDNEY PTY LTD
ABN 83 644 502 116 | ACN 644 502 116

Training Terms and Conditions

Version 3.0 | Effective from 1 July 2025

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These Terms and Conditions (“Agreement”) constitute a legally binding contract between Boat Wise Sydney Pty Ltd (ABN 83 644 502 116) (“Boat Wise”, “we”, “us”, “our”) and the client, participant, vessel owner, skipper, passenger, guest, invitee, or any person attending or participating in any training activity arranged or delivered by Boat Wise (“you”, “your”).

By submitting a booking, completing an enrolment or inquiry form, making payment, ticking the acceptance checkbox on our website or booking platform, attending training, participating in any activity, or permitting any person to attend training arranged by you, you acknowledge and confirm that:

• you have read and understood these Terms in full;
• you agree to be legally bound by these Terms; and
• where you are accepting these Terms on behalf of another person or entity, you have authority to do so and that person or entity is bound accordingly.

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1. Recreational Services Warning

⚠ IMPORTANT LEGAL WARNING

• Boating, marine training, vessel manoeuvring, docking instruction, offshore navigation, and all related marine activities are dangerous recreational activities.
• Participation involves significant inherent risks including personal injury, serious illness, psychological injury, disability, and death.
• Under the Civil Liability Act 2002 (NSW), our liability for these risks is excluded to the maximum extent permitted by law.
• You are voluntarily assuming these risks by participating.

The following inherent risks are present in all training activities conducted by Boat Wise:

• Vessel collision, grounding, sinking, capsize, fire, flooding, or equipment failure
• Personal injury, illness, exhaustion, drowning, disability, psychological injury, or death
• Adverse weather, swell, wake, current, tides, and changing marine conditions
• Mechanical failure, steering failure, propulsion failure, or electrical failure
• Injury caused by ropes, cleats, pontoons, propellers, lines, winches, or marina infrastructure
• Limited or delayed access to emergency or medical assistance
• Errors of judgment by participants, vessel owners, crew, passengers, or third parties

By participating in training, you acknowledge and voluntarily assume all obvious and inherent risks associated with recreational boating and marine training activities. To the maximum extent permitted by law, you agree that Boat Wise excludes all liability arising from the supply of recreational services under the Civil Liability Act 2002 (NSW) and applicable Australian Consumer Law provisions relating to recreational services.

2. Electronic Acceptance and Formation of Agreement

These Terms may be accepted by any of the following methods, each of which constitutes valid and legally binding acceptance:

• Ticking the acceptance checkbox on the Boat Wise website or booking platform at the time of booking or enrolment
• Submitting a completed booking form, enrolment form, or inquiry form through the Boat Wise website or booking system
• Making payment for any training service
• Signing a physical copy of these Terms
• Attending training, participating in any activity, or permitting any person to attend training arranged by you

Electronic acceptance through the Boat Wise booking system or website is legally binding and constitutes a signed agreement for the purposes of applicable Australian law. A record of acceptance, including timestamp, form submission data, and where available, IP address, is retained by Boat Wise and constitutes conclusive evidence of acceptance. You acknowledge that you had a reasonable opportunity to read these Terms before accepting them and that electronic acceptance is equivalent in legal effect to a handwritten signature.

3. Client Remains Skipper in Command

You acknowledge and agree that at all times during any training activity:

• You remain the lawful skipper, master, and operator of the vessel
• Boat Wise does not take command, possession, custody, or operational control of your vessel
• All navigational decisions remain your sole responsibility
• You are solely responsible for the safe, seaworthy, and lawful operation of the vessel

Any instruction, guidance, demonstration, commentary, recommendation, emergency assistance, or temporary handling of vessel controls by Boat Wise personnel is performed solely for educational or safety purposes and does not constitute an assumption of command or operational control of the vessel, a master and servant relationship, an agency, employment, partnership, or joint venture relationship, or any transfer of skipper or operator liability. You remain fully responsible for all aspects of navigation, vessel operation, compliance with maritime laws and regulations, collision avoidance, passenger safety, weather and sea condition decisions, docking decisions, the use of safety equipment, and vessel seaworthiness throughout the training session.

4. Temporary Instructor Intervention

You acknowledge and agree that Boat Wise instructors may temporarily touch, adjust, or operate vessel controls during the course of training for educational demonstrations, emergency intervention or collision avoidance, safety instruction or assisted manoeuvres, or emergency stabilisation of the vessel. Any such action by a Boat Wise instructor is performed solely for educational or safety purposes, does not constitute an assumption of skipper responsibility or vessel command, does not create any employment, agency, master and servant, or operational control relationship, and does not transfer any liability from you to Boat Wise. You remain solely and fully responsible for the vessel and all persons on board at all times.

5. Vessel Seaworthiness and Compliance

You warrant to Boat Wise that prior to and throughout each training session:

• Your vessel is seaworthy and properly maintained
• Your vessel is suitable and fit for the proposed training activities
• Your vessel is registered and legally compliant under all applicable laws
• Your vessel is equipped with all legally required safety equipment in serviceable condition
• All engines, steering, propulsion, batteries, controls, electronics, and safety systems are fully operational
• The vessel carries sufficient fuel for the planned session
• The vessel is adequately crewed where required by law or practicality
• All equipment has been maintained to manufacturer standards

Boat Wise reserves the right to refuse, suspend, or immediately terminate training at any time if it forms the view, acting reasonably, that the vessel is unsafe, unseaworthy, or improperly maintained, the vessel is inadequately equipped or unsuitable for training, or continuation of training poses a risk to the safety of any person. No refund will be payable in these circumstances. You acknowledge that Boat Wise\’s decision to terminate training on safety grounds is final and binding.

6. Insurance Requirements

You must maintain and keep current comprehensive marine insurance for the vessel for the duration of all training activities. At a minimum, your insurance must provide cover for:

• Hull and machinery
• Third party liability
• Passenger liability
• Public liability
• Marina and property damage
• Training related incidents and activities

Boat Wise may request evidence of current insurance cover at any time prior to or during training. If satisfactory evidence is not provided, Boat Wise may refuse to commence or continue training, all training fees remain fully payable, and rescheduling is entirely at Boat Wise\’s discretion. You acknowledge and agree that all incidents, losses, accidents, claims, and damages relating to your vessel, third parties, marina infrastructure, passengers, or any other persons are to be managed and addressed solely through your own insurance arrangements. Boat Wise accepts no responsibility for any uninsured loss.

7. Medical Fitness and Participant Conduct

You warrant that at the time of each training session you are medically and physically fit to participate, you are not impaired by alcohol, drugs, medication, or any other substance, and you do not suffer from any medical condition, disability, or physical impairment that may make participation unsafe, unless that condition has been disclosed to Boat Wise in writing prior to the commencement of training and Boat Wise has confirmed it is able to accommodate the condition.

Boat Wise may immediately terminate training without refund if a participant appears intoxicated, impaired, or unfit to participate safely; dangerous, reckless, or unsafe behaviour occurs; reasonable instructions from the Boat Wise instructor are ignored or refused; safety concerns arise that make continuation of training inappropriate; or weather, sea state, or operational conditions become unsafe. No refund will be payable where training is terminated for any of the reasons described in this clause.

8. Participation of Minors

Where any person under the age of 18 years (“Minor”) attends, participates in, or is present during any training session arranged by you, you warrant that you are the parent or legal guardian of that Minor, or that you have obtained the written consent of the Minor\’s parent or legal guardian prior to attendance. You accept full responsibility for the Minor\’s safety, wellbeing, conduct, and supervision throughout the training session. The Minor is subject to these Terms in full and all warranties, assumptions of risk, and indemnities provided by you extend to the Minor\’s participation. Boat Wise may require you to produce written parental or guardian consent before permitting a Minor to participate in or attend any training activity. You acknowledge that Boat Wise does not accept responsibility for the supervision, safety, or conduct of any Minor attending a training session.

9. Assumption of Risk

You acknowledge and agree that marine activities are inherently dangerous and carry risks that cannot be entirely eliminated, and that accidents, incidents, and unexpected events may occur despite reasonable care, skill, and instruction. You voluntarily accept and assume all risks associated with your participation, including but not limited to personal injury, death, or psychological injury; vessel damage, marina damage, or third party property damage; mechanical failure, grounding, or collision; economic loss, loss of use, or consequential loss; passenger injury or death; and emergency response, salvage, or towage costs.

10. Exclusion of Liability

To the maximum extent permitted by the Civil Liability Act 2002 (NSW), the Australian Consumer Law, and all other applicable legislation, Boat Wise and each of its directors, officers, employees, contractors, instructors, agents, representatives, and affiliates (collectively, “Boat Wise Parties”) expressly exclude all liability to you or any other person for:

• Death or personal injury of any kind
• Psychological injury, trauma, or distress
• Vessel damage, loss, destruction, or loss of use
• Marina, pontoon, or third party property damage
• Passenger, crew, or guest injury or death
• Mechanical failure, grounding, sinking, capsizing, fire, or flooding
• Economic loss, loss of income, loss of business, or charter interruption
• Consequential, indirect, or special loss of any kind
• Emergency response, salvage, towage, or recovery costs
• Delays, rescheduling, or inability to complete training

This exclusion applies regardless of whether the liability arises in contract, tort (including negligence), statute, equity, maritime law, consumer law, or any other basis. Nothing in these Terms purports to exclude, restrict, or modify rights that cannot lawfully be excluded under Australian law, including any applicable consumer guarantees under the Australian Consumer Law.

11. Limitation of Liability

Where liability cannot be excluded by law, the total aggregate liability of the Boat Wise Parties to you in connection with any claim arising from or in connection with these Terms or any training services is strictly limited to the total fees actually paid by you for the specific training session from which the claim arises. This limitation applies to all claims, whether in contract, negligence, tort, maritime law, statute, equity, or otherwise, and whether arising from a single incident or a series of related incidents.

12. Client Indemnity

You indemnify, defend, and hold harmless the Boat Wise Parties from and against all claims, demands, actions, proceedings, liabilities, losses, damages, fines, penalties, costs (including legal costs on a solicitor-client basis), and expenses of any kind arising from or in connection with:

• Your vessel and its operation
• Any claim by a passenger, guest, crew member, or third party arising from the training session
• Vessel defects, lack of maintenance, mechanical failure, or unseaworthiness
• Collision, grounding, marina or pontoon damage, or third party property damage
• Injury, death, or psychological harm to any person on board or in the vicinity
• Environmental damage, fuel spills, pollution, or clean-up costs
• Your breach of any maritime law, regulation, or applicable standard
• Your breach of these Terms
• Any act or omission of passengers, guests, crew, or any Minor for whom you are responsible

This indemnity is continuing, unconditional, and survives the completion, termination, or cancellation of training. It is not reduced by any contributory negligence on the part of Boat Wise unless that negligence is the sole cause of the loss.

13. Emergency Assistance

You acknowledge that Boat Wise personnel may, in their absolute discretion, provide emergency assistance during a training session, including handling lines or fenders, assisting with docking or berthing, stabilising or controlling the vessel, emergency manoeuvring to prevent collision or grounding, contacting maritime authorities, emergency services, or vessel assist, and providing first aid or coordinating emergency response. Boat Wise accepts no liability for any loss, damage, injury, or claim arising from emergency assistance provided in good faith. The provision of emergency assistance does not constitute an assumption of command of the vessel or any transfer of skipper responsibility.

14. Cancellation, Rescheduling, and Late Arrival

Client cancellations are subject to the following schedule:

• More than 7 days before the scheduled session: full credit toward a rescheduled session (no refund)
• Between 3 and 7 days before the scheduled session: 50% of fees forfeited; 50% credited toward a rescheduled session
• Less than 48 hours before the scheduled session, or non-attendance without notice: 100% of fees forfeited

Rescheduling requests are subject to availability and must be made in writing. Boat Wise does not guarantee availability for rescheduled sessions within any particular timeframe. Where a client arrives late for a scheduled session, the session will commence at the scheduled time and conclude at the originally scheduled finish time. No extension of time will be provided for late arrival. No reduction in fees will be made for time lost due to the client\’s late arrival. No automatic entitlement to a rescheduled or make-up session arises from late arrival.

Boat Wise reserves the right to cancel, suspend, postpone, shorten, or relocate training at any time due to weather, swell, wind, current, mechanical issues, safety concerns, instructor illness, government restrictions, or operational requirements. In such circumstances, Boat Wise will offer a rescheduled session. Refunds are available only where required by law.

15. Vessel Breakdowns, Delays, and Additional Costs

If your vessel becomes inoperable, mechanically compromised, unsafe, or unavailable for any reason, all training fees remain payable in full, additional instructor time incurred as a result of the breakdown or delay is chargeable at Boat Wise\’s standard hourly rate, and all reasonable costs incurred by Boat Wise including transport, towing, marina fees, accommodation, and waiting time are recoverable from you. You must notify Boat Wise in writing at least 48 hours prior to a scheduled training session if your vessel is unavailable or unseaworthy. Failure to provide such notice does not relieve you of your obligation to pay the applicable fees. Boat Wise accepts no liability for fuel consumed during instructor-directed manoeuvres or for any additional berthing, marina, or fuel charges incurred during a training session that extends beyond its scheduled duration.

16. Contractors and Third Party Instructors

Boat Wise may engage contractors, subcontractors, or third party instructors to deliver all or part of any training service. Such persons are engaged as independent contractors and are not employees of Boat Wise or of you, do not assume command or operational control of the vessel, and are entitled to the full benefit and protection of these Terms, including all exclusions, limitations, and indemnities, as if they were named parties to this Agreement.

17. Intellectual Property

All training materials, instructional content, methodologies, handouts, workbooks, digital content, manuals, frameworks, and systems provided or made available by Boat Wise in connection with any training service (“Training Materials”) remain the exclusive intellectual property of Boat Wise Sydney Pty Ltd. You must not, without the prior written consent of Boat Wise, copy, reproduce, distribute, or publish any Training Materials; share, photograph, film, or record any Training Materials for distribution; use any Training Materials to deliver, develop, or promote competing training services; or reverse engineer, adapt, or create derivative works from any Training Materials. A breach of this clause may entitle Boat Wise to seek injunctive relief and damages without the requirement to establish financial loss.

18. Training Outcomes and No Guarantee

Boat Wise provides educational instruction only. No representation, warranty, or guarantee is given regarding competency or vessel handling ability following training, licensing or examination outcomes, insurance approval or coverage following training, or future boating performance or safety outcomes. Any assessment or opinion provided by a Boat Wise instructor regarding a participant\’s competency, readiness, or ability is an educational opinion only. It does not constitute professional certification, formal assessment, or a guarantee of any kind.

19. Media Release and Consent

Unless you notify Boat Wise in writing before training commences, you consent on behalf of yourself and any person attending training arranged by you (including any passengers, guests, or Minors for whom you are responsible) to Boat Wise capturing and using photographs, video footage, audio recordings, vessel imagery, and testimonials for marketing, advertising, social media, website content, educational content, and promotional campaigns. By attending training, passengers and guests consent to this use. Where you have arranged for a Minor to attend, you warrant that you have authority to provide this consent on the Minor\’s behalf. You waive, and procure the waiver of, any entitlement to compensation for such use. Written opt-out requests must be received by Boat Wise before the training session commences.

20. Privacy and Personal Information

Boat Wise collects, holds, uses, and discloses personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Personal information collected in connection with your booking and training is used for delivering training services, communicating with you regarding bookings, scheduling, and service updates, safety and compliance records, and marketing communications (with your consent). Personal information may be disclosed to third party instructors, booking platforms, CRM systems, and where required by law. You may request access to or correction of your personal information by contacting Boat Wise directly.

21. Dispute Resolution

In the event of a dispute arising from or in connection with these Terms or any training services, the parties agree to the following process before commencing any court proceedings:

• The party claiming a dispute exists must provide written notice to the other party describing the dispute in reasonable detail
• The parties must meet (in person, by telephone, or by video) within 14 days of the written notice to attempt to resolve the dispute in good faith
• If the dispute is not resolved within 28 days of the written notice, either party may refer the matter to mediation through the Australian Disputes Centre or a mutually agreed mediator
• If mediation does not resolve the dispute, either party may commence proceedings in the courts of New South Wales

Nothing in this clause prevents Boat Wise from seeking urgent injunctive or declaratory relief from a court where necessary to protect its rights or property.

22. Force Majeure

Boat Wise is not in breach of these Terms and is not liable for any failure or delay in performing its obligations caused by events beyond its reasonable control, including but not limited to adverse weather or sea conditions, natural disasters, pandemics, epidemic, government or regulatory restrictions, maritime closures or safety notices, industrial action, fuel shortages, equipment failures, or any other emergency or extraordinary circumstance.

23. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia and, where applicable, the laws of the Commonwealth of Australia including applicable maritime law. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales and any appellate courts exercising jurisdiction from them in respect of any dispute arising from or in connection with these Terms.

24. Severability

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, void, illegal, or unenforceable, that provision is severed from these Terms and the remaining provisions continue in full force and effect as if the severed provision had never existed.

25. Entire Agreement and Variation

These Terms constitute the entire agreement between the parties with respect to the subject matter herein and supersede all prior discussions, representations, negotiations, understandings, warranties, or agreements, whether oral or written. No variation of these Terms is effective unless it is made in writing and signed by an authorised officer of Boat Wise Sydney Pty Ltd. No verbal statement, representation, or assurance made by any Boat Wise personnel has legal effect unless confirmed in writing by Boat Wise Sydney Pty Ltd.

26. Post-Training Disclaimer and Cessation of Duty of Care

Upon the conclusion of each training session conducted by Boat Wise, you acknowledge and irrevocably agree that:

• All duty of care, supervision, and responsibility of Boat Wise and its instructors, directors, employees, contractors, and agents ceases absolutely at the moment the training session concludes.
• Any application, practice, use, or adaptation of skills, techniques, manoeuvres, procedures, or knowledge acquired during training is undertaken entirely at your own risk and under your own independent judgment.
• Boat Wise owes no ongoing duty of care, advisory obligation, or supervisory responsibility in respect of how you operate your vessel, make navigational or weather decisions, or conduct yourself on the water after training has concluded.
• Boat Wise accepts no liability whatsoever for any incident, accident, injury, death, vessel damage, third party property damage, marina damage, economic loss, consequential loss, or claim of any kind arising from or connected to your operation of your vessel or your application of any training content following the conclusion of any training session, whether immediate or at any future time.
• Your decision to operate your vessel independently following training is made solely on your own judgment and at your sole risk, regardless of any assessment or opinion provided by a Boat Wise instructor during training.
• Boat Wise makes no representation and provides no warranty that training has rendered you competent, safe, or ready to undertake any specific activity, manoeuvre, or voyage independently.

This clause applies to all training sessions conducted under this Agreement, including individual sessions forming part of a multi-session package. Nothing in this clause limits or qualifies the exclusions, limitations of liability, or indemnities set out elsewhere in these Terms.

27. Gift Vouchers and Third Party Bookings

Where a training session is booked or paid for by a person other than the participant (including by way of a gift voucher, corporate booking, or third party arrangement), both the person making the booking and the participant are bound by these Terms. The person making the booking warrants that they have brought these Terms to the attention of the participant and that the participant has read and agreed to them prior to attendance. Participation in training by any person constitutes that person\’s acceptance of these Terms in full, regardless of who made the booking or payment. Gift vouchers are non-refundable, non-transferable to cash, and valid for the period stated on the voucher or, where no period is stated, for 12 months from the date of issue.

28. Multi-Session Packages

Where a client purchases a training package comprising multiple sessions, these Terms apply to every session forming part of the package. Package sessions must be completed within 12 months of the date of purchase unless otherwise agreed in writing by Boat Wise. Sessions within a package are non-transferable to another person without the prior written consent of Boat Wise. Unused sessions within a package are forfeited upon expiry and are not refundable. Where a package is partially completed and the client elects not to continue, fees for completed sessions are non-refundable and Boat Wise\’s total obligation is limited to delivering the remaining unused sessions within the validity period.

29. Confidentiality

Each party agrees to keep confidential any information disclosed by the other party that is identified as confidential or that a reasonable person would understand to be confidential in the circumstances, including client personal information, vessel details, training session content, and business information. This obligation does not apply to information that is publicly available through no fault of the receiving party, or that is required to be disclosed by law or by order of a court or regulatory authority.

30. Amendment and Notice

Boat Wise reserves the right to amend these Terms at any time by providing reasonable notice to clients. Notice may be given by email to the address provided at the time of booking, publication of updated Terms on the Boat Wise website at boatwise.com.au, or written notice provided at the commencement of a training session. Continued participation in training following notice of an amendment constitutes acceptance of the amended Terms. Where a client does not accept an amendment, they must notify Boat Wise in writing prior to their next scheduled session.

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Acknowledgment of Acceptance

By accepting these Terms electronically or in writing, you confirm that you have read, understood, and agree to be legally bound by all provisions of this Agreement including the Post-Training Disclaimer at Clause 26.

Boat Wise Sydney Pty Ltd | boatwise.com.au | ABN 83 644 502 116

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Disclaimer: This document supersedes all prior versions of the Boat Wise Training Terms and Conditions. By accessing Boat Wise services, submitting a booking, or attending training, you agree to be bound by the most current version of these Terms as published at boatwise.com.au/training-terms-conditions/. Boat Wise Sydney Pty Ltd reserves the right to amend these Terms at any time in accordance with Clause 30. Last updated: 5 June 2026. Effective from: 1 July 2025. Boat Wise Sydney Pty Ltd | ABN 83 644 502 116.