These Terms for Fishing Classes apply to all participants or all potential participants of 2 Bent Rods [ABN 78638302116 ] (“we, us, our”). These Terms for Fishing Classes together with any other terms and conditions and policies we publish or link to on our website and services form an Agreement with us (“Agreement”). “You” could be any participant or the parent/ guardian of the participant, or organisation agreeing to these terms on their behalf.
By clicking that you understand and agree to these Terms for Fishing Classes, you are agreeing to be legally bound by these terms and conditions; if you do not agree, you cannot purchase any of our fishing classes, or fishing school packages, or fishing birthday party packages. We may change these Terms for Fishing Classes at any time, and by continuing to use or access our website and services, you are accepting those changes.
All participants must be 5 years of age or older to take part in our Fishing Classes. All particilants or their parent or guardians must sign the Release and agree to these Terms for Fishing Classes.
PRICES AND DESCRIPTIONS ON OUR WEBSITE
All our prices are in Australian dollars. We may change prices for Fishing Classes without notice to you. We may discount or offer free entry to Fishing Classes from time to time. We may also discontinue any unbooked Fishing Classes at any time or change our range of Fishing Classes at any time without notice to you. We are not liable for any price changes, other changes, or any discontinued Fishing Classes.
The descriptions of Fishing Classes may also change without notice to you. There may on occasion be errors or omissions in class descriptions or prices, times, availability and promotions. We may, but are not obliged to, correct any errors or omissions, or change and update information or cancel Fishing Classes if information is inaccurate at any time, without prior notice to you.
YOUR OBLIGATIONS AND CONDUCT RULES
By registering for a Fishing Class you agree to provide us with various information. You represent and warrant that:
all information you provide is true, correct and up- to date;
you will respond promptly to any of our requests for further information.
You must contact us via our website, phone call or email to book any of our Fishing Classes.
In the event that we find that any information is not true, correct or current, we may at our sole discretion ban you from future Fishing Classes.
You agree that you will pay us the Fee for the Fishing Class in advance via our website. Your place in a Fishing Class cannot be reserved or confirmed until payment has been received.
You authorise us to deduct any outstanding unpaid Fees from your credit card provided. – We don’t keep card details.
Where you miss a group class for any reason, we cannot provide a refund. Any transfers to other classes or schools are made at our sole discretion and are subject to numbers and availability.
To the extent permitted by law, any refunds are at our absolute discretion. We do not provide refunds for your change of mind, or where you failed to provide us with adequate information, or can no longer attend for any reason, including if you are sick. On occasion where we need to cancel the Fishing Class because of weather and cannot arrange a future date we may give you a refund. Where the Fishing Class cannot be rescheduled due to your time restraints eg a birthday party, we may, but are not obliged to provide a refund.
FISHING CLASS CHANGES
Despite our reasonable endeavours, on occasion we may need to change locations, times or dates at short notice or even cancel a Fishing Class. We will notify you as soon as possible of any Fishing Class changes. In these circumstances we may offer a transfer to another Fishing Class if the new location, time or date is inconvenient to you. We do not provide refunds except as required under the Australian Consumer Law.
Our Fishing Classes go ahead in light rain. In the event that weather appears to be inclement, we will reschedule the Fishing Class. During the Fishing Class if the weather is deemed to become unsafe, our staff will also cancel the remainder of the class and reschedule where there is more than half the class time left.
CONSUMER GUARANTEES AND REFUNDS
You are entitled to various consumer guarantees, rights, and remedies under the Australian Consumer Law including, but not limited to, the right to the Fishing Classes being delivered with due care and skill.
If you consider that we have failed to meet a consumer guarantee, please notify us at firstname.lastname@example.org.
By joining in activities facilitated by 2 Bent Rods I hereby grant permission to 2 Bent Rods and their representatives to photograph & use my image/s in their markering. I release the aforementioned involved from any liability connected with the taking, recording of said photograph, video or computer images. I further more give 2 Bent Rods permission to take and use photographs and/or digital images/video of me. If under 18 years, I declare I have the consent of my parent or guardian) for use in:
1. Media releases, media articles – including newspapers, radio, television – printed publications and/or educational materials
2. Electronic publications and communications such as the 2 Bent Rods Facebook site and website
3. I agree that my name and identity may be revealed in descriptive text or commentary in connection with the image(s).
4. I authorise the use of these images without compensation to me. All negatives, prints, digital reproductions and shall be the property 2 Bent Rods.
Where you have provided consent to your photo or video being taken, you permit us to use the photographs or videos for marketing and information purposes, or publications exhibitions and professional awards. You must seek our prior written consent before any publication of information about us.
We may refuse to provide Fishing Classes to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement we may immediately terminate ban your purchase of any classes. We can also stop offering our Fishing Classes at any time, for any reason, and without notifying you. We are not responsible to you for any changes, or if we suspend or stop our classes.
LIABILITY AND INDEMNITY
Your use of, or inability to use our website and services at your sole risk. To the maximum extent permitted by law, we are not liable for any Loss or damage arising from your attendance at a Fishing Class including, but not limited to, any errors or omissions in any website content, price changes or discontinued services, changes to the location, dates and times of Fishing Classes, and any interruptions, any changes, cancellation of a class.
To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:
the supply of equivalent services eg participation in another Fishing Class; or
the payment of the cost of the Fishing Class.
In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent class you have paid for.
You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, including the Conduct Rules, where you provide incorrect personal information, any disclosure of your personal information.
IF THERE IS A DISPUTE
In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
This Agreement is to be construed in accordance with the laws of QLD , Australia, and you and we submit to the jurisdiction of the courts of QLD, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between these Terms for Fishing Classes and other terms and conditions on our website, these Terms for Fishing Classes prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right, or enforce any provision in these Terms does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Agreement survive termination of this Agreement.
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Fishing Classes are the individual or group fishing classes, or birthday party classes we agree to provide to you.
Loss or damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs.
We, us, or our means Samantha Beckmann t/as 2 Bent Rods (ABN 78638302116) and includes any of our employees, agents, partners, contractors
Website and services means www.2bentrods.com.au, and everything available on this website including, but not limited to, all Fishing Classes and other products and services.