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Whitby Surf School Ltd Terms and Conditions of Business

1. Booking - When booking a contract is made when the booking is confirmed by Whitby Surf School either in writing, email or verbally. In the case of late telephone bookings the agreement is a verbal contract. All participants must have completed and signed the medical and photographic declaration form before taking part in any activities. This can be either filled in online from our website, a hard copy of which will be available to sign on the day of the activity or by hand at our HQ at West Cliff Beach. Whitby Surf School do not accept any liability for loss caused by failure to complete the declaration form.

2. Payment - Whitby Surf School require payment of the full cost of activity at the time of booking, except for bookings which exceeds a value of £150. In this case a 50% non-refundable deposit is taken with the balance due on arrival. Payment can be made by cash, cheque or online using the payment facility on our website. The person making the booking accepts full responsibility for payment from each individual in the group and that all group members are aware of our terms and conditions.

3. Changing your booking - Whitby Surf School will make every effort to arrange any changes requested after the booking has been confirmed, providing it is not less than 28 days before the start date of the activity. After this time changes will only be made at the discretion of Whitby Surf School and are subject to the availability of course dates. In the case where your group size drops in numbers from the original booking we must receive notification of this by writing / email not less than 7 days before the start date of your booking otherwise for each absent participant a 50% refund will only be applicable. In exceptional and extenuating circumstances we may waiver the above. i.e. bereavement or serious illness.

4. Cancellations - Any cancellations must be sent in writing/email and will be effective from the date they are received by Whitby Surf School. Refunds for cancellations are as follows: • 28 days or more from activity start date - full refund. • 14- 21 days before activity start date - 50% refund. • less than 14 days - no refund. • Gift vouchers are non-refundable but can be transferred to different recipients, valid for 1 year from date of purchase. In the rare event that Whitby Surf School deem sea/weather conditions unsuitable for surfing or SUP instruction or river/weather conditions unsuitable for SUP instruction a credit voucher will be issued. Credit for any lessons owed can be used within one year of the date of the cancelled lesson. Any lessons owed must be booked in advance and are subject to availability. No refunds are issued.

5. Course Participation, Liability and other Important Information - Sport, specifically surfing carries with it a degree of risk to both people and property, even if enjoyed under proper supervision by qualified coaches. It is also a strenuous activity that requires those taking part to have a reasonable standard of swimming and fitness. All course members must therefore make us aware of any medical conditions, illnesses or allergies they may have and any prescribed medication they are taking, on the declaration form at the time of booking. It is down to the participant with a medical condition to check with his or her doctor to find out if surfing or stand up paddleboarding is within their physical and or mental parameters. No-one should participate in any of Whitby Surf Schools activities if they are suffering from a heart condition or if they are pregnant. Participants must be able to swim at least 25 metres in open water unaided and must in no circumstances be under the influence of any alcohol, drugs or medication at the time of the lesson which may adversely affect their physical abilities. All course participants must agree to abide to decisions that Whitby Surf School and its coaches make in order to secure the safety and well being of all participants. Participants will have the use of Whitby Surf Schools equipment during their lessons. Whereas Whitby Surf School takes all reasonable measures to ensure the safety and good condition of that equipment, participants are responsible for immediately reporting any damage caused to the equipment or which becomes apparent whilst the equipment is in their possession. The minimum age to learn to surf in a group environment is 8 years although private 1:1, 1:2, lessons can be given to 6 and 7 year olds. All parents or guardians of Juniors aged 8-16 years must make themselves known to coaches on the day of the activity. Whitby Surf School assumes no liability in respect of personal injury, loss, damage or third party claims which occur through no fault of its own or its coaches. Whitby Surf School cannot accept responsibility for any of the reasons cited above that a person may incur whilst participating in any of the activities unless Whitby Surf School can be proved negligent. I accept that I participate at my own risk and I confirm that I have my own insurance to cover any such injury, loss or damage or have chosen not to take out such insurance even though I understand that this is my responsibility. If I should loose, have stolon or use Whitby Surf Schools equipment in an inappropriate manner I will have to pay for any repairs or replacements. I agree to abide by all decisions and adhere to all instructions Whitby Surf Schools coaches make whilst under their supervision. This includes sea-related conditions beyond Whitby Surf Schools control (flat days, fog, dangerous sea conditions).

6. Brochure and website accuracy - Whilst every effort is made to ensure the accuracy of Whitby Surf School’s brochure and website it is intended only as a guide to the services we provide and Whitby Surf School is relieved of any liability due to any errors or omissions it may contain, or any minor discrepancies between the brochure or website's content and that service. Any likeness or image of you secured or taken during any of our activities may be used by us without charge in all media for genuine promotional or marketing purposes. This includes promotional materials of any kind, such as brochures, leaflets, videos and the internet. If you would prefer not to be used in any promotional materials please make sure you express this fact on the photographic declaration form.

7. Accommodation - Any reference to places to stay on our website or brochures is intended only as a guide to assist booking accommodation. When booking accommodation Whitby Surf School cannot be held responsible for any aspect of or problems arising from participants accommodation arrangements.

8. Prices - The prices printed on our website or brochures are valid at the time of publication. Whitby Surf School reserves the right to increase or reduce any of these prices any time after publication.

9. Law and Jurisdiction - These conditions form a contract between us which will be construed in accordance with English Law and it is agreed between us that each will submit to the jurisdiction of the English Courts.

Terms and Conditions of Hire

1:Definitions in this agreement

‘Surf School’ means Whitby Surf School and includes, where the context so permits, its directors, officers, servants or agents.
‘Claim’ means and includes any action, suit, proceeding, claim, demand, cost or expense however arising including but not limited to negligence.
‘Hired Product’ means the surfing or other aquatic recreational equipment hired by me from the surf school.

2: Security: As required by the Surf School, I will provide the Surf School with a valid driving licence, passport or a security amount which will be held by the Surf School for the duration of my hire of the Hired Product and, subject to clause 7 below, returned / refunded to me upon return of the Hired Product.

3: Warning: Surfing and the use of the Hired Product (evening accordance with its intended use) can be inherently dangerous.
• I acknowledge that I am exposed to certain risks in using the Hired Product including but not limited to physical hazards, unpredictable and sometimes dangerous surf and weather conditions and actions of other persons. .
• I acknowledge that accidents can and often do happen which may result in me being injured or even killed, or the Hired Product being lost or damaged.
• I have voluntarily read and understood this warning and accept and assume the inherent risks in using the Hired Product.

4: Use of Hired Product: Use of the Hired Product by me is beyond the control of the Surf School.
• I acknowledge and agree that any advice, recommendation, information or services provided by the Surf School regarding the Hired Product and its use shall not be construed as contractual conditions or warranties. s.
• I agree that the Surf School shall not, subject to clause 5, be liable to me for loss or damage sustained by me as a consequence of any incorrect advice recommendation, information or services provided by the Surf School regarding the Hired Product or the methods or conditions of use of the Hired Product whether such loss was caused by any act of negligence, act of recklessness or any breach of duty of care which may be owed to me by the Surf School.

5: Exclusion of Implied Terms: Where I am a consumer of recreational services, as defined by any relevant law, certain terms and rights usually implied into a contract for the supply of goods or services may be excluded.
• I acknowledge that these implied terms as well as other terms and rights implied into consumer contracts by statute and any liability of the Surf School flowing from them, are expressly excluded to the extent possible by law, by this agreement. nt.
• To the extent of any liability arising, the liability of the Surf School will be limited to the resupply of the hiring services or payment of the cost of having the hiring services supplied again. The Surf School’s liability does not extend to consequential loss.

6: Release and Indemnity: In consideration of the Surf School agreeing to hire to me the Hired Product I, to the extent permitted by law: • Release and will release the surf school from all Claims that I may or may have had but this release arising from or in connection with my hire and use of the Hired Product; and • indemnify and will keep indemnified the Surf School in respect of any Claim by any person arising as a result of or in connection with my hire or use of the Hired Product.

7: Damage to Hired Product:
• I agree to accept all responsibility and liability for any loss or damage to the Hired Product (however caused) which occurs during the course of my hire of the Hired Product. uct.
• I agree to compensate the Surf School, for any and all loss of or damage to the Hired Product including, if required by the Surf School, the replacement of the Hired Product and authorise the Surf School to apply any security amount provided by me to the Surf School against the cost of such compensation.

8: Fitness to Participate:
• I declare that I am medically and physically fit and able to participate in the sport of surfing and to use the Hired Product. uct.
• I understand and accept that the Surf School will rely upon this agreement as evidence of my fitness and ability to properly use the Hired Product.

9: Privacy:
• I understand that the information I have provided above is necessary for the objects of the Surf School. chool.
• I acknowledge and agree that the information will only be used for the objects of the Surf School and its general business.
• I understand that I will be able to access the information, through the Surf School, upon reasonable notice.
• If the information is not provided my application for hire may be rejected.

10: Severance: If any provision of this agreement is invalid or unenforceable in any jurisdiction, the phrase or clause is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable.
• If the phrase or clause cannot be so read down it will be severed to the extent of the invalidity or unenforceability. bility.
• Such severance does not affect the remaining provisions of this agreement or affect the validity or enforceability of it in any other jurisdiction.

11: I have provided the information required above and I warrant that all information provided is true and correct.
• I acknowledge this agreement cannot be amended. amended.
• If I do amend this agreement it cannot be accepted by the Surf School.