PARTICIPATION AGREEMENT AND CONDITIONS
1.Acceptance of Terms
By booking and/or participating in any kayak tour operated by Top Sydney Kayak [ABN 40134597558], participants acknowledge that they have read, understood, and agreed to these Terms and Conditions. Acceptance is confirmed through the completion and submission of the digital Agreement provided at the time of booking together with signing the waiver provided before the tour. This Agreement forms a legally binding contract between the participant and Top Sydney Kayak and is enforceable against the participant’s heirs, executors, administrators, and assigns. Participants who do not agree to these terms in full are not eligible to take part in the tour.
2.Health, Fitness and Medical Conditions
Participants must be physically capable of safely taking part in kayaking activities. By joining a tour with Top Sydney Kayak, participants confirm that, to the best of their knowledge, they do not suffer from any medical condition, illness, injury, or impairment that may affect their ability to paddle or that may pose a risk to themselves or others.
Participants must inform Top Sydney Kayak of any relevant medical condition, disability, or prescribed medication prior to the activity, including pregnancy. Engaging in the activity while having any medical condition is entirely at the participant’s own responsibility and risk.
Participants are responsible for managing their own physical effort throughout the activity and should adjust their pace according to their personal comfort and capability. Please be aware that our staff are not qualified to provide medical assessments and cannot determine whether you are medically fit to participate, participation is voluntary and at your own risk.
3.Safety Requirements
All participants must wear a lifejacket at all times while on the water and must remain within visual and hearing distance of the guide. Participants are required to follow all instructions, safety briefings, warnings, and operational rules issued by Top Sydney Kayak staff, whether provided verbally, in writing, or displayed on signage.
4.Age and Weight Requirements
Participants must be at least 16 years old and must weigh under 110 kg (240 lb).
Participants under the age of 15 must be accompanied by a parent or legal guardian aged 18 or over.
5.Conduct and Responsible Behaviour
Participants are expected to act responsibly and with reasonable care at all times during the activity. Unsafe behaviour, failure to follow instructions, or conduct that may endanger others may result in removal from the activity without refund.
- Arrive 10 minutes before the tour to avoid disruption. Late arrivals may result in your place being reassigned, and no refund will be provided. The instructor will wait for a maximum of 10 minutes; after this point, the booking will be treated as a late arrival. We also ask that participants remain for the full duration of the tour, as leaving early can disrupt the experience for others.
6.Alcohol and Drug Policy
Participation while under the influence of alcohol or drugs is strictly prohibited. Top Sydney Kayak reserves the right to refuse participation or remove any participant suspected of intoxication. No refunds will be issued in such circumstances.
7.Incident Reporting
Participants must promptly notify Top Sydney Kayak staff of any accident, injury, illness, or safety concern experienced or witnessed during the activity.
8.Medical Assistance
In the event of suffering an illness or injury during the tour, Top Sydney Kayak staff may arrange medical treatment or emergency evacuation if deemed necessary for the participant’s safety. All associated costs are the responsibility of the participant.
9.Public health risks, including infectious illnesses
Participation in our activities may involve exposure to COVID‑19 or other infectious illnesses. By joining any tour, you acknowledge this risk and accept that participation is entirely at your own discretion and responsibility. Top Sydney Kayak is not liable for any illness or related consequences arising before, during, or after the activity.
10.Refunds and Withdrawal
Participants who do not agree to these Terms and Conditions may request a refund of any participation fees paid,, provided the request is made prior to the cancellation policy deadlines.
11.Amendments
Top Sydney Kayak may update or amend these Terms and Conditions at any time without prior notice. The version in effect at the time of the activity will apply.
PERSONAL INFORMATION
By making a booking, you consent to providing personal information such as your name, phone number and email address. You must also advise us in advance of any relevant medical condition or age‑related consideration that may affect your participation. You confirm that all information supplied is accurate, complete and current. Your personal information will be managed according to our Privacy Policy.
PHOTOGRAPHY AND USE OF IMAGES
During our tours, Top Sydney Kayak may capture photographs or other visual media of participants as part of the experience. These images are provided digitally to participants for personal use. All photographs taken by Top Sydney Kayak remain the intellectual property of Top Sydney Kayak and may not be used for commercial purposes, including advertising or promoting any business, product, or service, without our prior written consent.
By taking part in any activity, participants grant Top Sydney Kayak and its authorised contractors permission to use, reproduce, and display images taken during the tour for purposes such as participant viewing, purchase, or other disclosed uses. No compensation or additional notice will be provided for such use.
Participants who prefer not to be photographed must inform the guide before the activity begins so that reasonable steps can be taken to accommodate their request.
CANCELLATIONS AND REFUND POLICY
Top Sydney Kayak reserves the right to assess weather conditions and any other relevant factors on the day of the activity to determine whether a tour can proceed safely. The decision to cancel, postpone, or continue an activity is made at the sole discretion of Top Sydney Kayak.
If, prior to the scheduled start time, Top Sydney Kayak determines that conditions are unsuitable or unsafe, participants will be offered the choice of an alternative date, a store credit, or a refund of 100% of the booking value. The same applies if conditions deteriorate before or during the activity, including immediately prior to launching As weather assessments are based on real‑time conditions at the launch site, all participants are required to attend the meeting point unless notified otherwise.
If conditions are deemed safe by Top Sydney Kayak but a participant chooses not to take part, no refund, reschedule, or credit will be provided.
Top Sydney Kayak is not responsible for any inconvenience, financial or otherwise, resulting from cancellations made on the day.
For participant‑initiated cancellations due to change of mind or personal circumstances:
- More than 3 days before the activity: participants may request a new date at no additional cost or receive a 90% refund (10% retained to cover administrative and processing fees).
- Between 3 days and 24 hours before the activity: participants may reschedule to a new date; refunds are not available during this period.
- Within 24h hours of the activity or in the case of a no‑show: no refund, reschedule, or credit will be issued.
If Top Sydney Kayak is unable to operate due to government‑imposed restrictions, participants will receive a refund of the full value of their booking.
Top Sydney Kayak operates in a range of weather conditions, including rain, and cannot guarantee sunrise visibility or specific weather outcomes. Participants are encouraged to dress appropriately for the conditions and bring suitable wet‑weather gear. Tours may be postponed in the event of electrical storms or extreme winds.
CONSUMER LAW AND LIABILITY
Under Section 139A of the Competition and Consumer Act 2010 (Cth), providers of recreational services may ask participants to accept certain limitations to the statutory guarantees that would normally apply under the Australian Consumer Law. By joining any activity offered by Top Sydney Kayak, you acknowledge that some guarantees relating to injuries or risks inherent to kayaking may not apply. This limitation is permitted only for the natural risks of the activity and does not remove or reduce any rights or remedies that cannot legally be excluded under Australian law.
RISK WARNING
By participating in any kayaking activity with Top Sydney Kayak, participants acknowledge that kayaking involves inherent risks that cannot be completely eliminated. These risks may include, but are not limited to:
- physical injuries such as sprains, strains, impact injuries, fractures, or more serious harm including paralysis or death
- falling into the water or experiencing difficulties while entering, exiting, or using the kayak and associated equipment
- exposure to changing weather conditions, strong winds, rain, sun, cold, or other natural elements
- encounters with marine life or environmental hazards that may cause harm
- accidents, medical emergencies, or illnesses that may require assistance from emergency or medical services
This notice is provided as a formal risk warning for the purposes of applicable legislation, including but not limited to: Section 5M of the Civil Liability Act 2002 (NSW), Section 5I of the Civil Liability Act 2002 (WA), Section 48 of the Consumer Affairs and Fair Trading Act (NT), Section 43 of the Civil Law (Wrongs) Act 2002 (ACT), Sections 13–19 of the Civil Liability Act 2003 (QLD).
ASSUMTION OF RISK, RELEASE AND INDEMNITY
By taking part in any activity operated by Top Sydney Kayak, participants agree that they do so voluntarily and at their own risk. To the extent permitted by law, including Section 139A of the Competition and Consumer Act 2010 (Cth), participants:
- release Top Sydney Kayak, its staff, contractors, and agents from all liability for any injury, loss, damage, death arising from participation in the activity,unauthorised access, or interference by third parties, except where such liability cannot legally be excluded.
- indemnify Top Sydney Kayak, its staff, contractors, and agents against any claims, demands, losses, damages, or expenses incurred as a result of their participation in the activity.
Top Sydney Kayak is entitled to rely on, and enforce, this release and indemnity.
Participants are responsible for their own personal items during the tour. Top Sydney Kayak does not accept liability for the loss, theft, or damage of any belongings brought to the activity. We recommend leaving valuables at home or securing them prior to the tour.
Top Sydney Kayak is not responsible for delays, cancellations, or failure to perform obligations due to events outside our reasonable control. These may include severe weather, natural disasters, public health emergencies, or other unforeseen circumstances that prevent safe operation.
BOOKING AND FEES
Current tour prices and session times are published on our Website and may be updated periodically. Any changes will be reflected online, and we will make reasonable efforts to notify you if an update affects an existing booking. Check our Cancellation Policy for more information on reeschedules, refunds or cancellations.
As places on our tours are limited, bookings are confirmed only once full payment has been received. Reservations can be made through our Website at https://topsydneykayak.com or by contacting us at topsydneykayak@gmail.com.
TERMINATION AND REFUNDS
Top Sydney Kayak may terminate this Agreement or refuse participation if a participant breaches any of these Terms. In such cases, no refund will be issued, and any outstanding fees become immediately payable.
DISPUTE RESOLUTION
We value privacy and the reputation of our business. Any concerns or disputes must be raised directly with us for confidential resolution. Public statements that are defamatory or damaging may result in legal action and claims for compensation. If a matter cannot be resolved informally, both parties agree to engage an independent arbitrator, with each party responsible for their own associated costs.
GOVERNING LAW
These Terms and Conditions are governed by the laws of New South Wales, Australia. They replace any previous agreements or representations, and where inconsistencies arise, these Terms take precedence. If any provision is found to be unenforceable, it will be removed without affecting the validity of the remaining terms. All obligations that are intended to continue after termination will remain in effect.
KEY TERMS
Agreement. Refers to these Terms and Conditions together with any other policies, notices, or documents published on, or linked from, our Website, including our Privacy Policy and Website Terms of Use.
Website and Services. Means the website located at www.topsydneykayak.com and all services, information, products, and booking functions made available through it.
We, Us, Our. Refers to Top Sydney Kayak [ABN 40134597558] and includes our officers, employees, contractors, agents, and authorised representatives.
Fees. The amounts payable by you for any Kayak Tour or related service offered by us.
Kayak Tours. Refers to the guided kayaking activities conducted on Sydney Harbour or other enclosed waterways, typically departing from 1 Railway Ave, Lavender Bay NSW 2060, unless an alternative launch point is arranged. Our operations are licensed within New South Wales.
Claims. Includes any demand, action, proceeding, liability, cost, or expense, whether arising under statute, contract, tort, negligence, or any other legal basis.
Loss or Damage. Covers all forms of loss, harm, or damage—whether direct or indirect—including financial loss, loss of opportunity, reputational harm, data loss, personal injury, death, property damage, and associated legal or professional costs.
Medical Condition. Any illness, injury, disability, physical impairment, mental health condition, or other health‑related issue that may affect participation in the activity.
Australian Consumer Law. Refers to Schedule 2 of the Competition and Consumer Act 2010 (Cth).