Sydney Sunrise Kayak 2 Hours

Terms and Conditions

Kayaking with Sydney Kayak Experience

Paddlers must agree to these terms and conditions including the completion and signing of the digital Agreement form which is provided upon booking.

The Agreement will become a legally binding contract between paddlers and Sydney Kayak Experience. 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 Kayak Experience for assistance.

Paddler’s must accept these terms and conditions to participate in the Kayaking Activity. If not, Sydney Kayak Experience will, on request, refund any participate fees paid, minus a 10% administration fee. (however this must happen at least 48hrs prior to the booked session)

All terms and conditions stated are subject to change without notice.

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 Kayak Experience.

Paddlers must advise Sydney Kayak Experience if of any known health or medical condition or disability affecting them and any prescribed medication that may be used in their treatment.

Paddlers must wear a lifejacket at all times on the water and stay within earshot of your Kayak Guide listening for instructions at all times. (no smoking/vaping in our lifejackets)

 Paddlers must be over the age of 12 and children under 15 must be accompanied by a parent/guardian 18 years or above in a double kayak and weigh less than 110kg/240lb.

Paddlers must act as a reasonably prudent person when engaging in Kayaking Activities with Sydney Kayak Experience, 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. During our morning sessions launching from Milson Park, walk on our marine grade-non slip mats, we don’t take responsibility for injuries suffered from walking on the boat ramp.

Paddlers must not participate in Kayaking Activities conducted by Sydney Kayak Experience intoxicated or under the influence of alcohol or drugs. Sydney Kayak Experience reserve the right to breathalyse paddlers and refuse paddlers participation if intoxicated, with no refund given.

Paddler’s must notify Sydney Kayak Experience 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 Kayak Experience.

Should paddlers suffer an injury or illness during the Kayaking Activity, Sydney Kayak Experience staff may, at your own cost, arrange such medical treatment and emergency evacuation service, as they shall consider necessary for your health and safety.

Photographs and image capture

Sydney Kayak Experience photographs paddlers while participating in Kayaking Activities and provides these complimentary photographs to paddlers digitally.

Photographs obtained from Sydney Kayak Experience remain copyright to Sydney Kayak Experience 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 Kayak Experience’s prior written permission.

Paddlers agree that Sydney Kayak Experience 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.

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

Sydney Kayak Experience 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.

If Sydney Kayak Experience 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.

If Sydney Kayak Experience determines that the conditions are safe for the Kayaking Activity, but you elect not to participate, then Sydney Kayak Experience will not be at liberty to provide a refund or reschedule. If Sydney Kayak Experience 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 Kayak Experience will offer an alternative date, store credit or 90% refund. Sydney Kayak Experience 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.

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 Kayak Experience retains 10% of the activity cost to cover fees incurred.

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.

No refund, alternative date or store credit will be provided for cancellations within 72 hours and ‘no shows’ on the day.

If Sydney Kayak Experience are unable to operate due to Government restrictions, Sydney Kayak Experience 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.

Kayaking with Sydney Kayak Experience is an all-weather experience, kayaking during the time of the Sunrise, mid-morning, or Sunset we cannot guarantee what the sunrise/sunset 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 Kayak Experience 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

Section 139A of Competition and Consumer Act, 2010 (Cth) permits Sydney Kayak Experience, 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

Paddler’s acknowledge that while participating in the Kayaking Activity/s with Sydney Kayak Experience, 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.

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 Kayak Experience:

That participation in any Kayaking Activity with Sydney Kayak Experience is at their own risk.

To the extent permitted by law (including under section 139A of the Competition and Consumer Act 2010 (Cth) and the to release Sydney Kayak Experience 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 Kayak Experience.

To indemnify Sydney Kayak Experience 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 Kayak Experience.

Paddlers agree that Sydney Kayak Experience holds, and may enforce, the release and indemnity in respect of the above.