Terms of service.


These Booking Terms and Conditions incorporate your booking form, our COVID-19 Policy and the Waiver of Liability and together are the Agreement between you and At One Swimming Pty Ltd. By signing the waiver of liability or by electronically checking the box on your booking form that you have read and agree to our terms and conditions, you are signifying acceptance and willingness to enter into this Agreement on these terms.

In this Agreement, “Participant”, “you” or “your” means you and anyone else named on the booking and anyone who later replaces a person named on a booking; “we”, “our” or “At One Swimming” means At One Swimming Pty Ltd.

Bookings and Payment

Bookings can be made online through our website. Full payment or a deposit of $600 is required at the time of booking. Final payment for swim camps is due 90 days prior to the camp commencement. Payments may be made via PayPal or by direct deposit in Australian dollars only. By making a booking you agree to and accept our terms and conditions, including these Booking Terms and Conditions, our Covid-19 Policy, Cancelation Policy and the Waiver of Liability. Your booking is final once you receive an email confirmation, usually sent shortly after payment.

If you are booking on behalf of another Participant, we rely on your authority in making the booking as acting on behalf of the other person(s) listed on the booking, and you will bind all Participants on the booking to the Agreement. Each Participant must complete their own Waiver of Liability.

The minimum age to book in for all adventures is 18 years of age unless otherwise stated. 

The price and inclusions for each camp are set out on the website. Prices include GST.  Please read the camp description carefully as any costs not mentioned are the sole responsibility of the Participant.

By making a booking, you acknowledge that we have relied on the information, including the completeness of the information, provided by you in the booking form, including in relation to health and medical status, fitness, general wellbeing, and personal circumstances and you confirm and warrant that the information you have provided is complete, true and correct.

We reserve the right to cancel a Participant’s booking if we reasonably consider that your participation is inadvisable for health, safety or wellbeing reasons.

If there is a change to any information you have previously provided to us, you must notify us immediately of that change.

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Swim Camps

Your booking is final and no refunds will be given.  In some circumstances, we may accept a transfer to another participant over the age of 18.  Participants should contact us if they are unable to attend or wish to request a transfer their camp. We reserve the right to refuse a transfer at our absolute discretion.

We work hard to organise the rights camp for you from start to finish. We forward book accommodation and boats and pay our and pay our third-party providers early to ensure everyone can have the best experience possible. The reason we have cancellation fees is the money you pay in deposit, holding fees and payments are used to pay other small tourism businesses and local guides.

​If a Participant wishes to cancel a Swim Camp for any reason (including illness, injury, bereavement, change of mind) cancellation fees will apply as follows: 

​Cancellation Terms:
After booking, we reserve the right to charge any administration costs and any camp costs incurred by up prior to the time of cancellation.

  • Between 120 and 90 days before the camp commences 50% of the camp fee will be retained plus administration costs.

    Between 90 and 60 days before the camp commences, 85% of the camp fee plus any administration costs.

    Within 60 days of the camp commencement 100% of the camp fee will be retained.

Once the camp begins, there will be no refunds granted.

It is required that you have a purchased comprehensive travel insurance policy at the time of booking.

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Cancellation by us:

There are occasionally times when we need to amend or cancel a swim camp including with very little notice. There are a number of reasons this may occur, including weather, government restrictions, flight restrictions, changes to the planned destinations , minimum numbers not met etc. 

The safety of our Participants and coaches is particularly important in this regard. We reserve the right to amend or cancel a swim camp for any reason.  You agree that we may make amendments to a swim camp that we consider as not changing the general character of the camp (such as varying locations to include lower-risk activities suitable to the conditions). 

No refunds will be given for amendments to a camp. If we cancel an camp prior to its commencement,  you will be offered the option of credit towards an alternative camp or a credit towards a rescheduled date for the cancelled camp or a refund minus an administration fee no greater than $200. If we reschedule a camp you will be offered the option of credit towards a rescheduled date for the cancelled camp. Where a camp is cancelled/rescheduled by us, we will not be liable for any costs (including but not limited to transportation costs) associated with your planned participation in the camp. Travel insurance is a requirement of all camps.

 

Acceptance of Risk and Indemnity

You acknowledge that our adventures involve physical activity in unpredictable outdoor environments. You acknowledge that participation in a swim camp is a potentially dangerous activity, and you agree that you will participate in any activity voluntarily and absolutely at your own risk and with your own full appreciation of the nature and extent of the risks involved.

You agree, to the fullest extent permitted by law, to release and hold harmless At One Swimming, SwimMastery, its owners, directors, guides, employees, agents and third-party partners from all liability arising out of or in any way connected with any loss, damage, injury, illness or death to you or your property or to any other person or property that arises out of or is in any way connected with your participation in an adventure and whether such loss, damage, injury, illness or death was caused by a negligent or other tortious act or omission, breach of contract or other act or omission on the part of At One Swimming.

Indemnity

You agree to indemnify and keep indemnified and hold harmless At One Swimming, its owners, directors, coaches, employees, agents and third-party partners from and against all claims, proceedings and demands and also all liabilities, costs, expenses, losses and damages (including any legal costs and expenses) incurred or suffered by any person arising out of or in any way connected either directly or indirectly to:

  1. your use of our website;

  2. your participation in a swim camp ; or

  3. your breach of this Agreement. 

Our waiver of liability is attached to this Agreement. It forms part of the Agreement between you and us and is a legally enforceable contract. It is a condition of all camps that Participants sign a waiver of liability.  We strongly recommend you read and understand the waiver of liability before you make a booking.  Failure to sign the waiver of liability may result in you being unable to participate in the camp. If this occurs, notwithstanding any other provision of these terms, we will not be liable for any costs you may have incurred (including the cost of the camp).

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Depending on the camp, you may also be required to sign a waiver for one of our third-party partners. Failure to sign a third-party partner waiver may result in you being unable to participate in the camp. If this occurs, notwithstanding any other provision of these terms, we will not be liable for any costs you may have incurred (including the cost of the camp).

 

Limitation of Liability

Other than as required by law, we provide no warranty or guarantee of any kind, implied or otherwise.

Notwithstanding anything else in this Agreement and to the extent permitted by law, our liability for any loss, damage, injury, illness or death to you or your property or to any other person or property that arises out of or is in any way connected with your participation in a swim campand howsoever caused is limited, at At One Swimming’s option, to the resupply of services that are the same or similar in nature to the camp from which the liability arose, or the refund of the booking cost for the camp from which the liability arose.

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Insurance

You are responsible for ensuring that you have appropriate levels of insurance for the camp you are booking. Australian residents should note that domestic travel insurance does not provide financial reimbursement for ambulance or air ambulance services. We recommend Participants ensure adequate coverage via their health insurance provider. 

Participants in multi-day adventures must take out travel insurance at their own expense. Acquiring travel insurance is the sole responsibility of the Participant. Travel insurance providers' policies do vary, and we strongly recommend you check with your individual insurer for coverage that suits your individual needs, including in relation to evacuation and COVID-19 cancellation (among other things).

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Privacy Policy

At One Swimming is committed to your privacy. We receive your personal information when you make a booking, or if your booking is made by another Participant, when you provide us with this information via email or in-person prior to your participation in a swim camp, or when you provide personal information to us in another way. We use this information for any purpose associated with providing a swim camp. We may periodically send you promotional emails about new products, special offers or other information which we think you may find interesting.

You may notify us via email or by unsubscribing if you do not wish to receive promotional emails. You may ask us to correct any of your personal information by contacting us at info@atoneswimming.com .

Your information is held in the cloud on a secure server using encryption technology. We use SquareSpace to manage our camp registrations and mailing lists. We disclose your information to our guides and employees. We will not knowingly share any of your personal information with any third party other than our third-party partners who assist us in providing camps.

Some of our third-party partners are overseas and may not be subject to Australian privacy laws.  Please contact us if this is of concern to you.

We use social networking services such as Facebook and Instagram to communicate with the public about our work. When you communicate with us using these services we may collect your personal information, but we only use it to help us to communicate with you and the public.

Any information that you provide to us is subject to this Privacy Policy .  ​

Photography

Unless you advise us otherwise by notifying us prior to a camp or by advising your coach at the start of a camp, you consent to photographs and videos being taken of you while participating in the camp.  You agree that we will own these photographs and video and you give us your permission to use this material, including for promotional purposes, without any compensation to you or further permission from you. If you provide photos and video content to us as part of a contribution for an article or social media post, you agree to grant us a perpetual, free and unlimited license to use any images or materials in any manner we see fit to do so.

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Complaints and Disputes

If you have any concerns about your participation in a camp, you should raise these with us prior to booking or with your coach if the camp has commenced. If you have any feedback on your booking process or camp, please email us.

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Waiver of Liability

This Waiver of Liability is a contract made between me and At One Swimming Pty Ltd. _________________________________________________________________________

In consideration of my participation in the swim camp provided by At One Swimming Pty Ltd, SwimMastery, ts owners, directors, guides, employees, agents, third-party partners and any other persons or entities acting in any capacity on their behalf , I agree to release, indemnify and hold harmless At One Swimming in accordance with the terms of this Waiver of Liability.

In entering this Waiver of Liability, I acknowledge that I have been given the opportunity to consider its terms. I understand that I am not able to participate in the swim camp unless I sign this Waiver of Liability. I understand that this document is a legally binding and enforceable contract and that it releases WEA from liability, including for negligence. 

RISK WARNING

I understand that the Swim Camp involved inherent risks including:

  1. takes place in open water, around marine life, on beaches, in pools, on unstable ground, on or around waterways, cliffs, and/or rock formation;

  2. involves exposure to the natural environment including unpredictable weather, risk of fire, flood or other weather event;

  3. may take place in remote locations where access to medical care or treatment facilities, evacuation and search services is limited and may be hours away;

  4. requires some physical exertion and my participation may test my physical and mental limits; and

  5. carries inherent risks, including the risk of death, serious injury and illness and that these risks cannot be eliminated.

Although there are significant risks associated with my participation in the Swim Camp, I agree to participate in the Swim Camp at my own risk.

WAIVER OF MY STATUTORY RIGHTS

To the extent permissible at law, I agree that my rights (including my statutory rights that would otherwise exist) to sue or otherwise claim against At One Swimming in relation to the recreational services provided, for:

  1. death; or

  2. physical or mental injury (including the aggravation, acceleration or recurrence of an injury); or

  3. the contraction, aggravation or acceleration of a disease; or

  4. the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:

  1. that is or may be harmful or disadvantageous to me or community; or

  2. that may result in harm or disadvantage to me or the community; is excluded. 

If the exclusion above is determined to be unenforceable, I agree that the liability of At One Swimming for breach of any statutory guarantees or warranties is limited, at At One Swimming’s option, to the resupply of the recreational services that are the same or similar in nature to the Swim Camp, or the payment of the booking cost for the Swim Camp.

GENERAL RELEASE AND INDEMNITY

I agree, to the fullest extent permitted by law, to release and hold harmless At One Swimming from all liability arising out of or in any way connected with any loss, damage, injury, illness or death to me or my property or to any other person or property that arises out of or is in any way connected with my participation in an adventure and whether such loss, damage, injury, illness or death was caused by a negligent or other tortious act or omission, breach of contract or other act or omission on the part of At One Swimming.

I agree to indemnify and keep indemnified and hold harmless At One Swimming from and against all claims, proceedings and demands and also all liabilities, costs, expenses, losses and damages (including any legal costs and expenses) incurred or suffered by any person arising out of or in any way connected either directly or indirectly to my participation in the swim camp or my breach of the Agreement, including any such claims that allege negligence on the part of At One Swimming. 

MY DISCLOSURE

I acknowledge that I have provided information about my physical and medical well being and have been provided the opportunity to advise At One Swimming about any other matter that may be relevant to my participation in an adventure. I acknowledge that At One Swimming has and will rely on the information, including the completeness of the information, provided by me, including in relation to health and medical status, fitness, general wellbeing, and personal circumstances and I confirm and warrant that the information I have provided is complete, true and correct. I confirm I have provided WEA details of my emergency contact.

OTHER MATTERS

I agree that I have adequate insurance to cover any injury or loss that I may cause or suffer while participating in an adventure.  Even if I am not adequately insured, I agree to solely bear the cost of such injury or loss.

I agree to follow instructions or directions of At One Swimming made in connection with the swim camp.

I agree to photographs and video being taken of me while participating in the swim camp. I agree that At One Swimming will own these photographs and video and I give At One Swimming my permission to use this material, including for promotional purposes, without any compensation to me or further permission from me.

This Waiver of Liability, together with my booking form, At One Swimming’s Covid-19 Policy and At One Swimming’s Booking Terms and Conditions (which I have had the opportunity to read and understand prior to booking) contain the entire agreement between At One Swimming and me. If any part of the Agreement is found to be void or unenforceable, it will be severed from the Agreement and the validity or enforceability of the remainder of the Agreement will not be affected.

 

This Waiver of Liability will be governed by and construed within the laws of Queensland. ​

I understand by signing this Waiver of Liability I will be forever prevented from suing or otherwise claiming against WEA for any mental or physical injury (including death), illness or property loss that I may sustain or cause while preparing for or participating in the adventure.

I acknowledge that I have carefully read this Waiver of Liability and fully understand it.  I enter into this Waiver of Liability willingly and voluntarily and I agree to be bound by its terms. 

 

My Printed Name:

 

 

My Address:

 

 

My Signature:

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Date:

 

 

Signature  of  At One Swimming Representative:

 

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Name of At One Swimming Representative :

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