Parties

"The Club", “us”, ”our” and “we” and similar words used in this agreement means The Water Sports Club, a trading name of Marine Lifestyles Pty Ltd, ABN 45 621 672 991.

"You” and “your” and similar words used in these terms mean the person, persons, or entity identified in these terms that is not us.

Agreement

Any advertisement of our goods or services, including pricing or quotations for pricing or supply, constitutes an invitation to treat only.

Your Order and these terms together constitute an offer by you to us to provide you with goods and services as described in the order in accordance with these terms.Acceptance by us of your Order or our communication to you confirming that your Order has been accepted will constitute your agreement as to the contents of these terms.

Membership Inclusions - All Membership Levels

Members on all membership plans may take full advantage of Upgrade Options listed on the Pricing page.

This includes the option to upgrade equipment from standard to premium level, add a battery and/or charger, book drop-off and pick-up of equipment, book extra equipment, and/or book an additional day to fit travel plans.

Additional upgrades may be available from time to time.

If The Club is offering a free booking on your birthday, you may book the equipment on that day, including weekdays, weekend days and public holidays and this does not impact your limit.

If The Club is offering a free lesson as part of the membership, this relates to the Club Member only unless specified otherwise. If the Club Member has undertaken a free lesson prior to joining, the price of the lesson will be refunded or the member can gift it to a friend or family member.

If The Club is offering free bonus equipment, this is for a single standard piece of equipment, which could be a water scooter, SUP, kayak or similar. At the Club Operator's discretion, they may offer additional equipment to enhance your experience.

With all memberships, once you've used your booking, you may rebook again and again all year subject to the same terms.

Membership Inclusions - Bronze

Bronze membership includes up to 4 separate or combined whole day bookings of standard (not premium) equipment, which consists of 2 on Monday to Friday excluding public holidays and 2 on weekend days or public holidays. If you would like to use premium equipment, you can upgrade at a discounted member's price, even at Bronze level.

Membership Inclusions - Silver

Silver membership includes up to 3 separate or combined whole day bookings of premium equipment Monday to Friday excluding public holidays.

Membership Inclusions - Gold

Gold membership includes up to 4 separate or combined whole day bookings of premium equipment, which consists of 2 on Monday to Friday excluding public holidays and 2 on weekend days or public holidays.

Membership Inclusions - Platinum

Platinum membership includes up to 4 separate or combined whole day bookings of premium equipment, which consists of 2 on Monday to Friday excluding public holidays and 2 on weekend days or public holidays. Platinum membership also includes TWO units of premium equipment and an extra battery and charger with every booking.

Equipment Levels

Premium equipment generally includes a single piece of high-end name-brand equipment like e-foils, jet surfboards, jet body boards, premium e-SUPs, premium-brand water bikes, hydrofoil bikes, premium kayaks and dual-unit water scooters. You can see a full list of the premium equipment at all of our Club Locations via the Booking Sheet link on the "Book" page.

Standard equipment includes a single piece of anything else on our Booking Sheet (see a link on the Book page), from non-brand-name water bikes, e-SUPs, single unit water scooters, most kayaks, SUPs, surfboards and more. You can see a full list of the standard equipment at all of our locations via the vailability Sheet link on the "Book" page.

*** PLEASE ENSURE THAT YOUR LOCAL CLUB LOCATION(S) HAVE THE EQUIPMENT THAT YOU WANT BEFORE JOINING ***

We classify our Club Locations as Bronze, Silver, Gold and Platinum to indicate the membership level they can support fully. You are welcome to book equipment at any Club Location, but if you are, for example, a Gold member at a Bronze club, you won't be able to book an e-foil on a Saturday.

It is your responsibility to assess whether you will have easy access to the equipment which is most important to you at a location close to you.

Membership Term, Payments and Security Bond

Membership terms are for 12 months. Payment terms are either upfront or in 12 equal monthly payments. Bonuses and/or discounts may be available for upfront payments. These may include discounted membership fees or other inclusions such as free lessons. These bonuses and/or discounts may vary from time to time but will be shown on the Product Description during checkout.

Monthly payments will commence upon signup and be paid on the same day each month over 12 equal payments.The commencement of the 12 month membership will be the date of the first confirmed equipment booking. Since lessons may need to be completed first, the commencement date will often be after the signup date. For example, if someone signs up on 1st Jan, books a lesson for 8th Jan and then books equipment for collection on 26th Jan, the 12 month membership will run from 26th Jan to 25th Jan the following year. In this example, if the monthly plan is chosen, the monthly payments will be drawn on the 1st of each month, from 1st Jan to 1st Dec inclusive.

Choosing a monthly payment plan is to commit to making 12 monthly payments in full. If any monthly payments are unable to be drawn due to a problem with the credit card limit, date or other invalidity, a non-payment fee will be charged (see "Fees" below) and contact will be made to resolve the issue. If the issue is unable to be resolved quickly, payment may be drawn from the Security Bond. The Security Bond will then need to be returned to the full amount required before any further equipment can be booked.

The monthly membership payments commence upon acceptance of these terms and conditions and do not align to the membership period, that is, the membership period may commence well after the commencement of the payments.

All our prices, unless otherwise stated, are inclusive of Goods and Services Tax in Australia.

Identity Verification and Credit Check

In order to protect against financial loss, we require all members to provide copies of the following upon joining to verify identity and to provide us confidence: driver's license, boat/pwc license (if needed), vehicle registration, 2 copies of utility bills/similar with home address. We also need your credit card on file to cover upgrade charges and other fees, and a refundable security bond held for the duration of your membership. We are regularly loaning members equipment valued in excess of $20,000, and we need to protect this equipment for the use of our members and for the future of our business.

Lessons

You must take a lesson offered by The Club before booking e-foils and jet surfboards. Furthermore, any companions who wish to use the equipment must also take a lesson with The Club. This is essential for your safety, the safety of other waterway users and the protection of our equipment. No exceptions.

Waiver

You must sign the Club Waiver before you take any equipment out for the day. You only need to sign once when you first join The Club. All of your companions must also sign the Club Waiver before using any of The Club's equipment. You can request a printed copy of the Club Waiver to take with you for your guests.

Bookings

A booking is a reservation of a single specific piece of equipment for collection and return on a specific day or days in accordance with the limits of your membership level, along with any additional bonus equipment offered by The Club at the time. A booking is not valid until The Club has confirmed the equipment is available and has been reserved for the member.

You can always see equipment availability on our Availability Sheet, accessible via the "Book" page. The sheet is not updated immediately, as we want to ensure that every piece of equipment is available and in good working order before committing to your booking. When you want to book equipment, send us an email. We will do our best to turn around your booking request as quickly as possible to minimise disruption to your plans or those of other members.Members may have a limited number of concurrent bookings open at any time. That is, you can reserve specific equipment on specific days subject to your membership level, which may be 2 or 3 weekday bookings and up to 2 weekend day bookings. You cannot block book equipment for extended periods of time as part of your membership. This is to ensure that all members, old and new, get equal access to The Club's equipment.

You can book equipment as far in advance as you like. However, note that this will consume one of your concurrent bookings limit between now and then.You may make one paid booking at a time, so if there is a particular day you wish to book, you can guarantee it that way (still subject to availability at the time of booking).You will also get one free bonus birthday booking, which allows you to book equipment on your birthday without it impacting your limit.

It is best to also review the Inventory Sheet via the "Book" page to ensure it is suitable for your use and for your destination, e.g. some watercraft have strict weight limits and some watercraft are not allowed in some places like Sydney Harbour.

If you have any questions, concerns, issues or special requests, please get in touch!

Silver and Gold Membership Inclusions

For electric watercraft bookings, we include the watercraft, one battery, controller, accessories and safety equipment (life vest and helmet for high-performance equipment). Some equipment may come with a carry bag for the watercraft and battery and accessories, and tools to assemble, if required.

Single day bookings only include a single battery and no charger. Whilst we acknowledge that electric watercraft don't usually run for a whole day on one battery, the primary reason for a whole day booking is for your convenience with regards to collection, travel, play and return, rather than any sort of guarantee that you can use the equipment continuously for the whole day. If you would like to use the equipment for more time than one battery allows, you can upgrade your booking with an extra battery or a battery charger.

Multi-day bookings include a single battery and a battery charger. Please see "Battery Safety" below regarding recharging and storing batteries.

We do not provide roof racks or kayak straps or ratchet straps or rope or any other equipment required to secure the equipment to your roof racks, ute or trailer. Please ensure that you purchase your own kayak straps or lockable kanu-locks before collecting equipment.

Upgrades

You may choose to purchase upgrades for your booking. However, upgrades are limited to ensure that equipment remains available for other members of The Club. Upgrades are a way of maximising benefits for members, not a way of allowing members to get around the design of the system. As such, we limit the number of extra batteries to one per piece of equipment, and extra days also to one. You do not need to purchase any upgrades to still have full access to equipment per your membership level.

Sharing

Whilst we welcome sharing of The Club's equipment with friends and family, all users of the equipment MUST be licensed as required by any local, state or federal government authorities, MUST have taken lesson(s) with The Club as required, MUST have signed the Club Waiver and MUST wear safety gear in line with regulations and best practice.

Furthermore, all operators must always use equipment in compliance with local laws and regulations, and being courteous of other waterway users. Bad behaviour can lead to increased restrictions in the use of the equipment, which could negatively impact you and all other members of The Club.

Fair Use

Members who exceed reasonable “fair use” limits will be required to either cut back their usage or pay a "heavy user" surcharge. We need to do this to protect our Club Operators financial viability. Our Club Operators receive a capped membership-based revenue each month, which is required because our membership fees are not usage-based. We do not accept that either The Club nor our Club Operators should be paid below minimum wage, no-matter what some unscrupulous members may expect.

Operating Licenses

Some states and territories may require operator licensing to use some of our equipment, for example e-foils, jet surfboards or jet body boards. Whilst we are able to provide our understanding of the requirements for your state or territory, you are responsible for verifying such information for yourself with the relevant regulatory authority.

Restricted Operating Areas

Some equipment may be restricted from operation in some places, for example as at Nov-24 e-foils, jet surfboards and jet body boards are not allowed to be operated on Sydney Harbour and tributaries (West of the Sydney Heads) because they are classified as Personal Watercraft like Jet Skis. You are responsible for verifying that you are allowed to operate the equipment at the place you intend to visit.

Collection and Return

All booked equipment must be collected from the Club Location in accordance with their operating times. This will normally be between 08:00 and 09:00 on the day of the booking. The equipment must be returned to the same Club Location. This will normally be between 17:00 and 18:00 on the same day.Equipment booked but not collected on time may be subject to a "No Show Fee". Equipment returned late may be subject to a "Late Return Fee". We need to charge these fees to ensure that equipment is available to all members to the maximum extent possible, and that we are able to staff our operations within reasonable operating hours - we do not operate 24x7!

Transport

Some equipment may require specific facilities to transport it. If we do not believe that the equipment can be safely transported in your vehicle, we may refuse to release the equipment to you. This is at the Club Operator's discretion.e-Surfs, SUPs, kayaks and surfboards generally require a roof rack, ute or trailer. Some models may fit in a car or SUV.e-Foils, water scooters, inflatable SUPs and modular kayaks fit in most cars.Please ensure that you are able to transport the equipment safely and securely before making a booking. If required, you must provide your own kayak straps to ensure that you have a means of securing the equipment to your roof rack, ute or trailer.If in doubt, please call.

Damaged, Lost or Stolen Equipment

You are accountable for any damaged, lost or stolen equipment regardless of how or why it happens. The cost of repairs or replacement plus administration overheads will be charged to your credit card on file.

Rebooking

Members are welcome to rebook up to 24 hours before the collection time without incurring a No Show fee - see "Fees" below. Please ensure that you either speak with the Club Operator or, if you send an email or other electronic communication, ensure that you receive an acknowledgement that the message was received before the 24 hour deadline. Please don't leave voicemails, they can be difficult to hear sometimes.

User Manual

If provided, please read the user manual to ensure you familiarise yourself with the use of the equipment you've booked. You are welcome to request a copy of the user manual in advance of the booking if you do not have a copy and would like to review it beforehand. It's a good idea!

Fleet Changes

The equipment being offered at each location is subject to change without notice. If there is specific equipment to which you always want to have access, please let us know and we'll do our best to accommodate you. In some cases, equipment may break, or we may find that there is significantly more demand at another Club Location than the one closest to you, and seek to move it around. More often, we will be growing the number and quality of choices at your closest Club Location, but we may make mistakes. We want everyone to love The Club, so let us know if we mess up! We aim to have the ability to purchase additional equipment to keep everyone happy, so it's likely that any issue will be temporary.

Battery Safety

Batteries, especially large electric watercraft batteries, are classified as dangerous goods. No matter how well we maintain, store, charge and check our batteries, there is always the risk that a battery will have a problem while it is in your possession. You must ensure that you following the Battery Safety instructions provided with your booked equipment, including: always store the battery in the provided battery storage bag/box when it is not being used inside the watercraft, do not leave batteries in the hot sun for extended periods of time (either inside or outside the watercraft), do not store batteries unattended inside your house or vehicle or boat, never store batteries somewhere that they limit your ability to safely escape in the case of a fire, and do not ever charge your batteries unattended or inside your house or vehicle or boat.

This list is non-exhaustive - please use your common sense, do your own research, and always follow The Club's Battery Safety instructions.

Security

You are responsible for the security of the product from the moment it is signed out at the Club Location until it is returned to us and signed back in. If you cannot secure the equipment inside or on top of your vehicle, you should not leave it unattended at any time.

Recommended Purchases

Although we will provide you a life vest if you need it (one per piece of equipment), we recommend that you purchase life vests for you and your companions for your comfort during your membership. You can use your member discount to buy at one of our retail partners - you can find them listed on the "Team", "Watercraft" or "Pricing" pages.

For the same reason, we also recommend purchasing a helmet for yourself if you intend to book e-foils and jet surfboards regularly.

For some larger equipment, you may also need roof racks for your vehicle, and you must purchase your own kayak straps to be confident that they are in perfect working order before use. You may also wish to consider Kanulock locking straps in case you ever need to leave the equipment unattended for even the briefest time. You are accountable for any lost or stolen equipment.

Ownership

All equipment provided by The Club is ether owned by The Club, financed by The Club or leased by The Club from 3rd parties. Ownership of any of The Club's equipment by club members is not offered or implied.

Use of Equipment

The equipment is provided for recreational use by the member and their companions only, and all users must be appropriately licensed, trained by The Club and have signed the Club Waiver.The equipment may not be loaned, leased, hired, sold or possession transferred through any other transaction, whether temporary or permanent. Such use is a breach of these terms and conditions and will be subject to forfeiture of all membership fees due for the 12 month membership as well as any additional costs and damages. If the equipment is damaged, lost, stolen or otherwise not returned to The Club, you will also be held accountable for all associated equipment-related costs.

Fees

Failed Payment Fee $20 - Stripe will automatically retry failed monthly plan credit card payment attempts 4 times in the week following the payment due date. After this time, the Failed Payment Fee covers the time it takes us to chase up payment and retry payment, or deduct from the Security Bond, if required.

No Show Fee $50 - a No Show fee is charged if booked equipment is not collected within the pickup time for the Club Location. No Show fees are implemented to minimise the number of times that equipment is booked (and reserved) by members when it shouldn't be. The intention is to maximise the availability of all equipment to all club members. Fees may be waived at the discretion of the Club Operator, depending on exceptional circumstances.

Late Return Fee $200 - equipment returned up to 2 hours late (closing time) is charged a Late Return Fee which covers the time it takes us to chase up the equipment return and to then stay late onsite to clean and recharge the equipment. Fees may be waived at the discretion of the Club Operator, depending on exceptional circumstances.

No Return Fee $500 - equipment not returned during opening hours (>2 hours late) is charged based on an additional hire rate plus administration charge for the time it takes us to chase up the equipment return, and to contact any member who has booked the equipment the next day and arrange different equipment (potentially from another Club Location) or rebook. Fees may be waived or reduced at the discretion of the Club Operator, depending on exceptional circumstances.

Damaged Equipment Fee $1000 - equipment lost, stolen or returned damaged beyond "reasonable wear and tear". This is the minimum charge to cover our administration including rebooking of member bookings, police reports or other administration activities, and repair or replacement up to the cost of $500. Any costs beyond $500 will be charged on top of the Damaged Equipment Fee.

Some fees may be waived or reduced at the discretion of the Club Operator, depending on exceptional circumstances

Termination

All memberships are for a term of 12 months from the date of the first booking, regardless of the payment plan chosen.

Membership fees are not generally able to be paused or refunded, as The Club may have had to make financial commitments to service the member which are also not able to be paused or refunded, such as equipment purchase, operating premises leasing, storage facility leasing, staff recruitment and so forth.

However, membership fees may be paused or refunded in part or in full at the discretion of the Club Operator under exceptional circumstances.

Outstanding Amounts

We may recover from you, as a debt due, any amount due and payable under these terms and you agree to pay interest compounding monthly on any sum due to us from time to time at the rate of 2% per month compounding.

Use of equipment, indemnity and release

USING THE EQUIPMENT AND ALL ASSOCIATED PRODUCTSTHE USE OF WATERCRAFT IS AN INHERENTLY RISKY ACTIVITY AND YOU HEREBY ACKNOWLEDGE AND UNDERSTAND THAT THE USE OF THE EQUIPMENT IN A WATERWAY, EITHER PROPERLY OR IMPROPERLY, CARRIES WITH IT A REAL RISK OF PERSONAL INJURY OR DEATH. YOU MUST ENSURE THAT ALL USE OF THE EQUIPMENT EITHER BY YOU OR BY ANY PERSON YOU PERMIT TO USE THE EQUIPMENT (WHETHER UNDER A CLUB MEMBERSHIP AGREEMENT OR HIRE AGREEMENT OR OTHERWISE) IS CONDUCTED IN A SUPERVISED, SAFE AND SENSIBLE MANNER AND IN ACCORDANCE WITH ALL APPLICABLE LOCAL LAWS, RULES, AND REGULATIONS.

You hereby release, hold us harmless, and indemnify us in relation to any claim made against us in respect of loss or damage (including for personal injury or death) howsoever arising in connection with your use or the use by any other person (whether under membership, hire or rental agreement or not) of the equipment.

The above indemnity extends to legal costs we incur in any action required by us against you to enforce our rights, including any legal costs incurred in relation to any breach of this agreement.We will not be liable to you for any consequential loss, loss of profit, loss of opportunity or loss of chance you suffer from a breach of this agreement or arising from your use or misuse of the equipment (or the use or misuse of the equipment by a person who has rented or hired the equipment from you).

Privacy

We treat the information provided to us by customers in accordance with our Privacy Policy available on our website.

No Waiver

To the extent that we do not enforce any right we may have under this agreement, such action will not constitute a waiver of that right.

Severability

To the extent that any part of these terms is found to be unenforceable by operation of law or otherwise invalid, that part only is to be severed from this agreement and the balance of the agreement will stand.

Whole agreement/legal advice

You confirm that you have been provided with the opportunity to negotiate the terms of this agreement and have had the opportunity to obtain your own legal advice in respect of the effect of this agreement.This document and your acceptance of the same constitutes the whole of the agreement between the parties and may only be varied in writing signed by both parties.You warrant that you have not entered into this agreement on the basis of any representation made by us not recorded in this agreement.

Confidentiality

You agree that any communications with our office concerning your experience with the equipment or services, including any issues raised concerning quality or fitness for purpose of the equipment is to be treated with the utmost confidentiality and you agree not to place any negative comments or reviews of the equipment or services online without first contacting us in writing and providing us with an opportunity to respond to your concerns.You agree that a breach of this clause would cause irreparable harm to us and that this clause does not constitute a penalty.

Notice

The parties agree to accept service of any written notice, including payment claims, payment schedules, court processes or other documents by post, fax or email if an address, fax number or email address is provided in the purchase order.

Dispute Resolution

We take the satisfaction of our members very seriously. Club member renewals are what makes The Club profitable. If you are unhappy with the service, the products or their availability, please let us know straight away. There is a lot we can do to keep you happy, so please let us know early.

Any dispute or difference whatsoever arising out of or in connection with this contract shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation Rules.

The parties to this agreement agree that the laws of New South Wales shall govern this agreement and the courts of that State shall have non-exclusive jurisdiction over any dispute arising from this agreement.

Nothing in this clause prevents either party from seeking urgent interlocutory relief from a court of competent jurisdiction.

Last updated 21 Nov 2024