Terms of Service

SURFKIN – Terms and Conditions (Master)

Effective Date: 15 July 2015
Last Updated: 6 September 2025

1. Platform Overview

Welcome to SurfKin ("the Platform"), a digital service operated by SURFKIN Pty Ltd, based in New South Wales, Australia. These Terms and Conditions (“Terms” or “Agreement”) govern your access to and use of the Platform, whether you are a Participant, Guardian, Service Provider, Organiser, Local Surf Buddy, Videographer, or any other User.

By accessing or using SurfKin via web, mobile, or app, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use SurfKin.

SurfKin is a digital booking platform that connects surf participants (“Participants”) with accredited surf coaches (“Coaches”), surf schools (“Surf Schools”), local surf buddies (“Local Buddies”), and other surfing-related service providers across Australia and, at times, internationally.

SurfKin facilitates the discovery, scheduling, and booking of surf-related experiences. SurfKin does not promote, endorse, or advertise any specific business or service provider. Instead, it offers a searchable service directory through which Participants can independently review, compare, and book sessions at their own discretion.

All payments are securely processed via Stripe, with SurfKin acting solely as a neutral intermediary for financial transactions between Participants and listed Service Providers.

1.1 Purpose of SurfKin

SurfKin is a neutral digital booking platform that facilitates the discovery, scheduling, and payment of surf-related experiences across Australia and internationally. It connects individuals and groups with qualified, independently verified service providers, including:

Accredited Surf Coaches
Registered Surf Schools
Local Surf Buddies (peer-based sessions)
Surf Videographers
Club Organisers and Community Representatives
Event Hosts and Training Program Leaders

Core Functionalities

Booking & Session Scheduling – A digital platform enabling surfers to book and manage surf sessions with coaches or schools.
Secure Payment Processing – Integrated Stripe payments for safe, seamless transactions.
Profile & Credential Hosting – Profiles for surf coaches and surf schools, including credentials and verification.
E-signature Waiver Collection – Digital waivers that participants can sign electronically, stored securely.
Document Management & Templates – Upload and storage tools for important documents, plus access to business templates and participant waivers.
Internal Messaging – Built-in communication tools for surfers, coaches, and schools.

Community & Network Features

Community Reviews – Ratings and feedback system for surf coaches and surf schools.
Premiere Social Network for Surfers – A community layer where surfers can connect, share experiences, and interact.

Onboarding & Support

Onboarding Document Upload Tools – Streamlined onboarding with digital submission of credentials and waivers.
Guidance & Resources – Access to resources from Surfing Australia and other industry bodies. Includes basic business resources to support surf coaches and schools.

Value Proposition

SurfKin combines business management tools (scheduling, payments, document storage) with community-driven features (reviews, social networking). This positions it as both an operational platform for surf schools/coaches and a social hub for surfers.

⚠️ SurfKin does not create, deliver, manage, supervise, or oversee in-water services or in-person interactions.

1.2 Neutral Marketplace Disclaimer

SurfKin serves as a neutral intermediary only. SurfKin:

Does not employ or contract any coaches, surf schools, or other providers
Does not endorse or supervise any listed session or service
Does not validate the legal sufficiency of insurance, permits, or qualifications in real time
Is not a party to any agreement between Participants and Providers
Does not mediate or manage the terms of the contractual relationship between Surf Schools and Surf Coaches
Does not provide legal, tax, employment, or regulatory advice

Service Providers and Users engage at their own discretion and must ensure their own compliance with insurance, safety, and legal requirements.

1.3 Relationship Between SurfKin and Service Providers

Independent Service Providers
SurfKin functions solely as a digital booking and promotional tool, enabling connections between Users (including Participants) and independent Service Providers who offer surf-related programs and activities (such as coaching, training sessions, camps, or competitions). All Organisers and Service Providers act as independent third parties and are not employees, agents, partners, or joint venturers of SurfKin.

Platform’s Role
The Platform does not create, manage, supervise, control, or deliver any of the Programs listed or booked via the Platform. It does not endorse, warrant, or guarantee the quality, safety, legality, accuracy, or conduct of any Program, Service Provider, or User.

Responsibility of Organisers and Service Providers
Organisers and Service Providers are solely responsible for the planning, delivery, safety, and legality of their Programs. This includes ensuring compliance with all relevant laws, insurance requirements, licensing, permits, certifications, and any other applicable regulations.

All communications, agreements, payments, and disputes related to the delivery of Programs are strictly between the User and the Service Provider.

Limitation of Platform Liability
To the fullest extent permitted by law, the Platform disclaims all liability for any injury, damage, loss, accident, or claim arising from or relating to Users’ participation in any booked Program or service listed on SurfKin. The Platform is not responsible for actions, omissions, or negligence by Organisers or other Users. Participation in Programs is entirely at the User’s own risk.

1.4 Availability of Services (Domestic & International)

While SurfKin primarily operates within Australia, certain services, providers, or programs may be available internationally. Users are responsible for ensuring that:

All cross-border sessions comply with local legal, visa, and insurance regulations
Any international coaching certifications meet host country standards
Child safety and reporting obligations align with both Australian law and local jurisdiction requirements (see Section 22)

The Platform may adapt over time to support more international use cases, subject to relevant compliance.

1.5 Mobile App and Platform Access

SurfKin is accessible via web browser and supported mobile devices. An official SurfKin app may also be available via third-party platforms such as the Apple App Store and Google Play Store. Users agree to comply with the relevant app store terms in addition to these Terms.

Mobile app usage is further governed by the detailed Mobile App Terms & Conditions set out in Section 16.

1.6 Feature Evolution & Platform Changes

We may introduce, modify, limit, or discontinue certain features or services at any time as part of our roadmap. These changes may affect:

Session listing functionality
Messaging and review systems
Integration with third-party services (e.g., maps, payments, document tools)
Mobile app compatibility or supported operating systems

While we aim to minimize disruption and provide notice where possible, SurfKin is not liable for any impact caused by evolving platform features or the discontinuation of tools or integrations.

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2. Definitions

For the purpose of these Terms and Conditions and all platform policies, the following terms are defined as follows. These definitions apply universally throughout this Agreement, as well as in supplemental policies, support documentation, onboarding guides, and user interfaces.

2.1 Platform Identity

SurfKin (the Platform)
A digital booking and service facilitation tool operated by [Insert Company Name Pty Ltd]. The Platform enables connections between Participants and Service Providers. It does not act as an employer, partner, contractor, or agent of any User.

2.2 User Roles

User
Any individual or legal entity that accesses, uses, or interacts with the Platform in any capacity, including Participants, Guardians, Coaches, Surf Schools, Local Surf Buddies, Videographers, Club Representatives, Organisers, or Administrators.

User Account
A registered digital profile created on the SurfKin Platform. User Accounts are required to book, list, or participate in sessions. All Users must keep their account details accurate, current, and secure.

Participant (PAX)
An individual who books and/or takes part in a surf-related session, lesson, program, or service through the Platform. May include adults, minors (with guardian consent), or groups.

Guardian
A parent or legally recognized adult guardian who holds the authority to make bookings and provide consent on behalf of a Minor. Guardians are responsible for ensuring sessions are appropriate and safe for the Minor.

Minor
Any person under the legal age of majority (typically under 18 years old). Minors may only participate in sessions with prior consent from a Guardian and only in sessions marked as age-appropriate.

2.3 Service Providers

Coach
An accredited and insured surf instructor meeting minimum qualifications set by SurfKin and relevant governing bodies. Coaches must be affiliated with a registered Surf School unless otherwise approved.

Surf School
A registered business entity with a valid Australian Business Number (ABN), approved by SurfKin to offer surf instruction. Must comply with local government licensing, insurance, and child safety requirements.

Local Surf Buddy
An independent adult surfer (18+) who provides non-instructional, peer-based surf support. Surf Buddies do not offer coaching or technical instruction and are not considered professionals unless separately qualified.

Videographer
A Service Provider offering video recording, editing, or analysis of surf sessions. Videographers must obtain consent before capturing or distributing media, especially involving minors.

Boardrider Club Representative
A user affiliated with a community surf club or local event group who uses the Platform to promote club sessions, training, or community surf programs.

Service Provider
A broad term covering any User offering surf-related services via the Platform, including Coaches, Surf Schools, Buddies, Videographers, and Program Organisers. May act as individuals or on behalf of organisations.

Verified Provider
A Service Provider who has successfully completed SurfKin’s verification process (e.g., ID, qualifications, insurance). Verification indicates compliance with minimum platform standards but is not a guarantee of safety or performance.

2.4 Sessions & Activities

Session
A scheduled, surf-related experience or service booked via the Platform, such as a lesson, buddy meetup, video session, retreat, event, or club gathering. Sessions may be private or group-based, indoor or ocean-based, instructional or recreational.

Program
A structured, multi-session offering such as surf camps, school-holiday intensives, skill development programs, retreats, or community events.

Session Location
The designated beach, surf break, meeting point, or online environment where a Session takes place. Users are responsible for assessing surf, weather, and site-specific risks before participating.

Booking
A confirmed appointment for a Session made via the Platform. Bookings include agreed-upon details such as date, time, location, service type, and provider.

2.5 Credentials & Legal Terms

WWCC (Working With Children Check)
A mandatory screening and clearance issued by state authorities in Australia for individuals who work with minors. Service Providers must upload valid WWCC documentation to conduct sessions involving under-18s.

ABN (Australian Business Number)
An 11-digit registration number required by the Australian Tax Office for businesses and sole traders. Required for Surf Schools and independent Coaches.

Insurance
Includes public liability, professional indemnity, personal accident, or travel insurance depending on the User’s role. All Service Providers are required to hold appropriate coverage and provide proof upon request.

Surfing Australia Membership
National governing body membership often required for coaching accreditation, insurance access, and event participation. Strongly recommended for Participants and Buddies for insurance coverage.

Fraudulent Documentation
Any credential that is falsified, expired, tampered with, or misleading (e.g., fake insurance policies, forged WWCC, altered expiry dates). Submission is grounds for account suspension and possible legal action.

2.6 Platform Technology & Tools

Third-Party Services
External providers integrated with the Platform, such as Stripe (payments), Google Maps/Mapbox (mapping), Firebase/AWS (hosting), or other APIs. Users are also subject to the terms of these providers.

Content
Any text, media, documentation, reviews, or files uploaded to the Platform. Users retain ownership of their content but grant SurfKin a limited license for platform-related use.

Session Flag – “Requires Additional Waiver”
A label applied to Sessions involving elevated risk, unusual scope, or custom terms. Indicates that the standard SurfKin waiver may not fully apply.

Inappropriate Conduct
Any user behaviour in violation of Platform rules or applicable law, including harassment, fraud, discrimination, unsafe coaching, or child safety breaches.

2.7 Other User Types

Sponsor
A brand, organization, or business that supports surf-related sessions, programs, or events hosted on or promoted through the Platform. Sponsorships may include financial contributions, product support, media promotion, or co-branded offerings. Sponsors are not considered Service Providers unless offering bookable services.

Photographer
A User who offers professional or amateur photography services during surf sessions or events. Photographers must comply with all media consent requirements, especially when working with minors.

Corporate Booker / Group Organiser
A business, school, tour company, or representative booking surf sessions on behalf of multiple participants. Must ensure all participants have signed required waivers and comply with platform and provider safety requirements.

For these group bookings:

Sessions will be set to private, and organisers can share the direct booking link to participants for registration and waiver sign.
For school bookings: prepaid numbers or deposits may be required, and parents/participants register for the event, session, or program.

International User
Any User (Participant, Coach, School, or Organiser) who accesses the Platform or participates in sessions while based outside of Australia. International Users are responsible for understanding and complying with local laws, safety requirements, and professional standards applicable to their role and region. SurfKin’s baseline Terms and Conditions still apply globally.

2.8 Platform-Specific Features

Community Rating
A visible feedback score attached to a User or Session based on participant reviews. Ratings are intended to promote trust, accountability, and service transparency but do not constitute endorsement or performance guarantees by SurfKin.

Service Price – the price set by the Provider for the service.
Booking Fee – the unavoidable platform fee charged by SurfKin per booking.
Total Price – the Service Price plus any unavoidable Booking Fee, shown clearly before checkout.

Review
A user-submitted comment or rating after a session. Reviews must be honest, respectful, and based on personal experience. The Platform reserves the right to remove reviews that are false, defamatory, or violate these Terms.

Verified Badge
An icon or label displayed on User profiles indicating that minimum documentation (e.g. ID, coaching credentials, insurance) has been reviewed by SurfKin. Verification does not imply ongoing monitoring, endorsement, or legal certification.

Onboarding Tier
A classification level applied to Service Providers during their setup and verification process. Onboarding tiers may influence visibility in search, session listing rights, or platform access.

Session Flag
A visible tag or warning applied to session listings to indicate specific conditions or requirements (e.g., “Advanced Level Only”, “Additional Waiver Required”, “Minor-Safe Verified”).

2.9 Extended User & Support Roles

Tour Partner
A surf travel operator, retreat organiser, or surf tour facilitator that uses the Platform to schedule or promote surf-based itineraries for individuals or groups.

Ambassador / Community Representative
A volunteer or appointed surf community leader affiliated with a local boardrider club, school, or grassroots initiative. May use the Platform to promote sessions, club activities, or outreach events.

Volunteer Role
An individual offering unpaid assistance during surf sessions, events, or camps (e.g., water safety assistant, beach setup, event marshal). Volunteers must be pre-approved by the primary Service Provider and may require a valid WWCC or first aid certification depending on the session type and audience.

Insurance Provider / Referrer
A third-party entity, broker, or service that recommends SurfKin to insured clients (e.g., surf coaches) or offers insurance pathways to platform users.

NDIS Participant or Support Worker
An individual booking or attending surf sessions using funds through Australia’s National Disability Insurance Scheme (NDIS). SurfKin does not act as a registered NDIS provider and does not invoice directly on behalf of any government agency.

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3. User Accounts

3.1 Account Registration and Eligibility

All Users must create a registered account (“User Account”) to access or use Platform services, including session bookings, service listings, messaging, and content sharing.

You must be:

At least 18 years old, or
A Minor with explicit, verifiable Guardian consent, and only for session types suitable to your age and skill level.

Certain roles and session types (e.g., Coaches, Surf Buddies, Organisers, International Retreat Hosts) are restricted to Users aged 18+ without exception.

SurfKin reserves the right to request proof of identity, age, or guardian consent where required for compliance or safety purposes.

SMS & Email Notifications
By using the Platform, you consent to receive notifications via email or SMS for session updates, confirmations, reminders, and account alerts.

3.2 Accuracy of Account Information

You must provide accurate, complete, and current personal or business information during registration, including full legal name, contact details, credentials, and service qualifications (where applicable).
You are responsible for maintaining and updating your profile information as needed.
Users who submit falsified, expired, or intentionally misleading information—including during onboarding—may have their account suspended or permanently removed.

3.3 Security of Login Credentials

You are solely responsible for maintaining the confidentiality of your login details (email, password, connected Stripe account, etc.).
Any activity performed under your account is deemed to be conducted by you unless proven otherwise.
Sharing login credentials, impersonating another User, or failing to secure your account may result in immediate suspension.

3.4 Role-Specific Responsibilities and Requirements

3.4.1 General Obligations

All Users and Service Providers agree to:

Accreditation & Credentials – Upload, verify, and maintain valid and current credentials (e.g., Surfing Australia accreditation, WWCC, insurance, first aid/CPR, permits, ABN).
Scope of Practice – Provide services strictly within the limits of verified qualifications and legal permissions.
Affiliation Compliance – Comply with both this Agreement and obligations imposed by affiliated Surf Schools, Clubs, or Organisations.
Code of Conduct – Adhere to the SurfKin Code of Conduct in all communications, behaviour, safeguarding, and reporting.
Bookings – Ensure bookings are suitable for the Participant’s skill, health, and eligibility.
Accountability – Remain responsible for personal and affiliated staff compliance.
Non-Compliance – Misrepresentation, expired documents, or acting outside accredited limits is a material breach.

3.4.2 Role-Specific Requirements

(a) Coaches must:

Hold valid Surfing Australia Coaching Accreditation (Level 1+).
Maintain current First Aid, CPR, WWCC, and ocean safety qualification (e.g., Bronze Medallion).
Maintain professional indemnity and public liability insurance.
Hold an active ABN and Stripe account (unless employed by a Surf School).
Operate only within certified scope.
Upload and renew required documentation.
Comply with Surf School requirements (if applicable).

(b) Surf Schools must:

Hold a valid ABN, permits, and public liability insurance.
Maintain Surfing Australia or recognised governing body affiliation.
Upload and maintain business/permit documents.
Ensure affiliated coaches comply with 3.4.2(a).
Manage bookings, emergency procedures, and child-safety protocols.
Accept responsibility for affiliated staff and contractors.

(c) Local Surf Buddies must:

Surf only with intermediate or advanced surfers.
Hold Surfing Australia membership (or equivalent).
Hold a WWCC if engaging with minors.
Confirm participants hold valid insurance/membership.
Receive only the standard Surf Buddy fee (e.g., $40).

(d) Videographers must:

Hold a WWCC if working with minors.
Maintain public liability insurance if operating commercially.
Upload ABN or business credentials if professional.
Communicate filming intentions clearly.
Obtain informed consent via waiver.
Comply with Australian privacy & IP laws.

(e) Boardrider Club Representatives must:

Be formally authorised by their Club.
Ensure listing accuracy, safety measures, and compliance.
Ensure coaches meet credential requirements.
Promote safe, inclusive environments.

A. General Service Provider Responsibilities

All Providers must:

Understand and operate within accreditation limits.
Maintain membership with accrediting organisations.
Undertake ongoing professional development.
Upload and maintain current documents.
Offer only sessions within verified qualifications.
Comply with Surf School affiliation rules (if applicable).

B. Credential Requirements

Providers must upload and maintain:

Coaching certifications
Insurance documents
Business licenses/permits (if applicable)
WWCC (mandatory with minors)

Failure = suspension or removal.

C. Service Access Levels

Participants
- Beginner sessions: open to all.
- Intermediate/advanced: restricted by verified experience.
Providers
- May only offer advanced sessions after verification.
- May refuse bookings where skill or insurance is inadequate.

D. Behaviour & Conduct Standards

Providers must:

Keep profiles accurate.
Communicate promptly and respectfully.
Honour bookings (reschedule with ≥1 hr notice).
Use in-app messaging professionally.
Follow laws, safety, and accreditation limits.
Assess surf conditions before sessions.
Maintain professional boundaries.
Report incidents promptly.
Obtain consent for media use.

E. Prohibited Conduct

Strictly prohibited:

Forged/fake credentials
Harassment, abuse, or discrimination
Misleading content
Session violations (no-shows, unsafe sessions)
Inappropriate/explicit content
Substance use while coaching
Off-platform payments, hidden fees
Privacy breaches
Conflicts of interest
Unprofessional conduct
Tech misuse (spam, fraud, hacking)

Enforcement: SurfKin may warn, suspend, terminate, or refer to authorities.

3.5 Multi-Role and Business Accounts

Users may register one account per individual unless approved.
Shared business/Surf School accounts must name a Primary Administrator.
SurfKin may separate or restrict accounts for conflicts, inconsistencies, or non-compliance.

3.6 Account Closure by User

You may request closure at any time via support. Closing your account will:

Cancel future sessions and disable bookings.
Remove your public profile/listings.
Retain certain data (waivers, logs) under Data Retention Policy.

3.7 NDIS & Disability Support Compliance

Platform Accessibility
SurfKin supports bookings from NDIS participants who are:

Self-managed
Plan-managed through a registered provider

NDIS sessions may be identified in listings or by request.

Provider Responsibilities
NDIS Service Providers must:

Maintain WWCC and qualifications
Ensure services align with support categories
Provide accurate invoicing where required

Session Inclusion
Providers should allow for:

Carer/support worker attendance
Pre-session info for planning

No Guarantee of Eligibility
Participants/plan managers must determine if sessions are claimable. SurfKin:

Does not guarantee NDIS reimbursement
Does not mediate billing disputes
Does not provide formal NDIS verification

3.11 Tour & Corporate Partnerships

School & Group Bookings
SurfKin may support institutional/group programs (e.g., school excursions, corporate wellness, youth camps). These may require:

Specific insurance or certificates of currency
WWCC verification for staff
Risk assessments and briefings
Acceptance of SurfKin’s institutional agreement & waiver

Ambassador & Affiliate Experiences
Co-hosted events must:

Comply with Terms of Service
Be booked via SurfKin
Meet safety, consent, and conduct standards

Partner Responsibilities
Partners must:

Supervise non-SurfKin participants
Obtain guardian consent for minors
Provide first aid/welfare officers
Submit additional documentation if requested

3.12 Booking & Payments

Payments processed securely via Stripe Connect.
Platform retains 3.8% service fee.
Balance paid to Provider (minus Stripe fees).
Refunds follow Provider’s refund policy + Platform’s Dispute Resolution.
Total price (Service Price + Booking Fee) shown upfront.

Chargebacks & Reversals
SurfKin may:

Reverse transfers or offset future payouts
Recover disputed amounts
Require Providers to supply evidence for disputes

See Section 7 for refund/dispute rules.

3.13 Map & Location Services

Interactive maps powered by third-party providers (e.g., Google Maps API).
SurfKin makes no warranty on map accuracy or reliability.

Users agree:

Session locations rely on provider/API info.
SurfKin not liable for errors/delays in map data.
Users must confirm meeting points in advance.

Mobile permissions are covered in Section 16.

3.14 Ratings & Reviews

Users may submit reviews/ratings after bookings.
By submitting, Users grant SurfKin a perpetual, royalty-free license to use/publish reviews.

SurfKin may moderate or remove reviews that are:

Misleading, fraudulent, or unrelated
Offensive, defamatory, discriminatory
In violation of Terms/laws
Submitted in bad faith (e.g., fake reviews)

Users are solely responsible for their review content. SurfKin disclaims liability for User-generated reviews (subject to law).

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4. Platform Infrastructure

4.1 Digital Tools and User Services

The SurfKin platform offers a suite of digital tools designed to facilitate the safe, efficient, and compliant operation of surf-related services. Features may include:

Session Booking System — Calendar-based scheduling and appointment tools allowing Participants to view, request, and confirm surf sessions with Service Providers.
Session Visibility & Tiered Access — Sessions may be displayed based on user eligibility (e.g., verified status, location, skill level).
Payment Gateway — Secure transactions processed through Stripe Connect, with service fees clearly disclosed before purchase.
Profile Hosting — Public-facing pages for Coaches, Surf Schools, and Organisers, including credentials, availability, and review history.
Search & Discovery Tools — Listings searchable by location, service type, provider name, or category.
Community Review System — Participant feedback (text and rating) visible on provider profiles to promote trust and service quality.

4.2 Mobile App (see Section 16)

Where a mobile application is offered, it functions as an extension of the web platform. All terms governing its use, including permissions and app-store compliance, are contained in Section 16: Mobile App Terms & Conditions.

4.3 International Access & Compatibility

The Platform may be accessed by Users globally. However:

SurfKin is operated in accordance with Australian law and is hosted in secure environments within Australian or trusted international jurisdictions.
Session listings may be viewed or booked internationally, but Service Providers must ensure compliance with local laws, insurance, and safety obligations.
International Users may experience variation in platform performance due to connectivity, data-storage jurisdiction, or external legal restrictions.

4.4 Third-Party Services and APIs

To function effectively, SurfKin integrates with multiple external tools and providers, including (without limitation):

Stripe — secure payment processing
Google Maps / Mapbox — session geolocation
Firebase / AWS — cloud storage and hosting
Video Hosting Tools — on-platform video uploads
Communication Services — SMS, email, and notifications

By using the Platform, Users also agree to the terms of these third-party tools as applicable. SurfKin does not warrant or control their reliability, uptime, data handling, or compatibility.

API Disclaimer:
SurfKin is not liable for outages, errors, or delays caused by integrated third-party APIs (e.g., Stripe downtime, Mapbox outages, email failures). These may impact your experience but are outside of SurfKin’s direct control.

4.5 Templates List — Surf School Compliance & Safety

1) Risk & Safety Management

Risk Assessment Template — structured form to identify hazards, risks, and control measures.
Incident / Accident Report Form — to document injuries, near misses, and follow-up actions.
Emergency Action Plan Template — step-by-step procedures for drowning, shark sighting, lightning, etc.
Daily Safety Checklist — pre-lesson checks for surf conditions, equipment, and staffing.

2) Policies & Procedures

Safe Work Practices / Standard Operating Procedures (SOPs) — lesson delivery, board handling, water entry/exit, CPR response, etc.
Health & Safety Policy — overarching statement of the school’s safety commitment.
Environmental Policy — beach care, waste management, eco-friendly practices.
Child Protection & Safeguarding Policy — mandatory for schools teaching minors.

3) Legal & Compliance

Liability Waiver / Release Form — use the platform template or your own.
Parental Consent Form (for Minors) — authorisation for under-18 participation.
Equipment Rental Agreement — liability & responsibility when renting boards/wetsuits.
Insurance Compliance Log — records of active liability and accident insurance coverage.

4) Staff Training & Records

Instructor Competency Checklist.
Staff Induction Form — acknowledgement of safety policies and procedures.
Training Log — record of refresher courses, rescue drills, safeguarding updates.
Code of Conduct / Professional Standards — behavioural expectations for instructors.

5) Student & Program Documentation

Student Registration & Medical Disclosure Form — allergies, conditions, emergency contacts.
Progress Tracking Sheet — record of skill development (useful for camps).
Feedback & Evaluation Form — ratings and reviews for continuous improvement.

6) Operational Compliance

Beach & Weather Conditions Log — record of daily surf and weather conditions.
Equipment Maintenance Log — inspections, repairs, and replacements.
First Aid & Incident Response Log — all treatments given, even minor.
Transport Safety Checklist — if the school provides shuttle services.

4.6 Platform Availability & Future Changes

While we strive to maintain uninterrupted access, SurfKin may experience scheduled or emergency downtime for maintenance, security upgrades, or feature development. Users may be notified of major platform changes via system alerts, emails, or announcements. We reserve the right to update platform features, UI design, workflows, or user access levels without advance notice, provided the changes are in line with user safety and business improvement.

Uptime Expectation
The Platform targets an uptime availability of 98% annually, excluding scheduled maintenance windows or unavoidable third-party service interruptions. While we aim for stability, no service-level guarantees are provided.

Future Roadmap Disclaimer
SurfKin may expand to offer additional tools (e.g., analytics dashboards, video analysis, regional leaderboards, or new booking models). These features, when launched, will be governed by these Terms unless stated otherwise.

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5. Waivers, Insurance & Risk Management

5.1 Waiver & Document Management

SurfKin provides (or may provide) digital waiver tools with e-signature functionality. Where required by the relevant Service Provider or by SurfKin for a given session type, Participants must complete all required waivers and consents before attending.

Some sessions may not require a waiver; where applicable, this will be indicated in the listing or booking communications.
Waivers may be collected in-platform (when enabled) or via a secure third-party form/link supplied by the Provider; in either case, the completed waiver forms part of the Booking.
A Parent or Guardian must sign waivers for Minors.
Signed waivers, WWCCs, insurance certificates, and other compliance documents may be stored securely by SurfKin or by the Provider (as applicable).
SurfKin disclaims liability where Providers use a default/template waiver in circumstances requiring more specific legal terms.
Retention and access to documents are addressed in Section 10: Data & Privacy.
Failure to complete a required waiver may result in denial of participation or cancellation per Section 7: Refund Policy.

5.2 Provider Liability and Waiver Compliance

Providers must decide and clearly indicate for each session whether a waiver is required, supply the appropriate wording/link, and ensure waivers are legally sufficient, current, and explained to Participants.

Participants must be made aware of session-specific hazards.
Providers are solely responsible for risk disclosure, safety, insurance, and legal compliance.
SurfKin is a neutral booking platform and disclaims liability for injuries, property loss, misrepresentation, or disputes.
By booking, Participants acknowledge inherent surfing risks (waves, rips, fatigue, weather, marine life, equipment failure, etc.), confirm fitness to participate, and agree to follow Provider instructions.

5.3 Insurance Requirements and Responsibilities

Providers must maintain valid and adequate insurance; SurfKin does not provide insurance.

Minimum requirements for Coaches/Surf Schools:

Public Liability Insurance (≥ AUD $20m).
Professional Indemnity Insurance if offering instruction, assessment, or training.
Coverage must extend to minors, government-permitted beaches, and relevant third-party venues.

Providers must supply proof of insurance showing:

Named insured parties
Coverage amounts
Policy start and expiry dates
Scope of activities covered
Participants are encouraged to hold their own coverage; SurfKin does not verify participant insurance. See also Section 18.8 (Independent Insurance Responsibility).
If a session requires insurance evidence and it is not provided, participation may be declined or the booking cancelled per Section 7.

5.4 Verification of Credentials & Insurance

Providers must upload valid certifications, licenses, WWCC (if applicable), and insurance documents.
SurfKin may request updated or additional documentation at any time.
Failure to maintain or provide credentials may result in suspension or removal.

5.5 Subcontractors and Employed Coaches

Surf Schools must ensure subcontractors are insured (either via the school’s policy or their own).

Approved engagement models include:

Independent affiliation (Coach with own ABN/insurance)
Employment under the Surf School (covered by its insurance)
Subcontracting with Surf School–managed bookings

Surf Schools are responsible for communicating policy limitations and ensuring subcontractors comply with insurance, accreditation, and child-safety laws.

5.6 Local Surf Buddy Sessions

Local Surf Buddies are peer-level surfers (intermediate+) offering social, non-instructional sessions.

Must hold a valid WWCC if offering sessions involving minors.
Surfing Australia membership is recommended for insurance purposes.
Sessions must not proceed in unsafe surf conditions or where participant skill level is misaligned.
Participation in Buddy sessions is at the risk of both parties. SurfKin assumes no liability.

5.7 Fraudulent Documentation

Uploading falsified, expired, or misrepresented documents may result in:

Immediate suspension or removal
Legal or regulatory reporting
Personal liability for resulting injury, claim, or loss

See also Section 6.2 (Reporting Misconduct) in Section 6: Complaints, Safety & Incident Reporting.

5.8 Data Retention (Waivers, Insurance & Session Records)

How long SurfKin retains waiver, insurance, and risk-related data; secure storage and access controls:

Digital waivers: retained for 7 years; for minors, until majority + 7 years.
Insurance & credentials: retained until replaced, or up to 5 years after account closure.
Session logs: retained for 7 years (attendance, communications, booking metadata).
Outdated documents may be deleted upon request, subject to legal and insurance obligations.
All records are stored securely with encrypted access controls.

General Data & Privacy rules are in Section 10.

5.9 Filming & Media Consent

Providers must obtain clear written consent before filming or recording.
No footage may be used for promotional purposes without explicit consent.
Consent for filming may be built into SurfKin’s digital waiver and booking process.
For data retention and privacy rules, see Section 10.
For reporting obligations and incident response, see Section 6.
For child-specific protections, see Section 9.

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6. Complaints, Safety & Incident Reporting

6.1 Overview

SurfKin is committed to maintaining a safe, respectful, and inclusive environment for all Users. This section sets out the processes for raising concerns relating to misconduct, safety breaches, or violations of platform policies.

6.2 Reporting Misconduct, Safety, or Legal Concerns

Users must report any misconduct, breach of safety standards, or suspected illegal activity observed during a session or via Platform communication tools.

Reports should be submitted through the Platform’s designated support email or in-app reporting tool.
All reports are handled confidentially and in line with Australian privacy and whistleblower protections.
Child-related incidents are further addressed in Section 9: Child Safety Commitment.

6.3 Zero Retaliation and Confidentiality

SurfKin maintains a zero-retaliation policy. Users who report concerns in good faith are protected from discrimination, backlash, or negative consequences.

6.4 Incidents Involving Minors

If a child or Minor is involved in an incident:

Report immediately via the Platform and, if legally required, to child protection authorities.
Provide accurate and complete details, including session time, parties involved, witnesses, and supporting evidence.
SurfKin may suspend any User account during an active investigation.

6.5 Communication with Minors

Direct communication with Minors through the Platform is strictly prohibited unless:

The User is a verified, WWCC-cleared Service Provider; and
Communication is professional, session-related, and conducted in a group context or with Guardian visibility.

All communications must be directed through the registered Guardian. Any unauthorised attempt to contact a Minor may result in immediate suspension and referral to authorities.

6.6 Emergency or Critical Incident Response

If there is an immediate threat to safety:

Contact emergency services first.
Notify SurfKin as soon as practical with incident details.
If the incident involves a Minor, mandatory reporting laws may require notifying child protection services or law enforcement.
SurfKin may take immediate action, including contacting Guardians, notifying surf schools, and suspending sessions pending investigation.

Liability and disclaimer provisions are outlined in Section 18.

6.7 Platform Investigations

Upon receiving a complaint, SurfKin may:

Request additional information or evidence;
Temporarily suspend involved accounts;
Notify governing bodies or regulatory authorities;
Issue disciplinary actions under platform policy.

6.8 External Escalation

If internal resolution is not possible, Users may escalate to:

Relevant regulatory bodies (e.g., Office of the Children’s Guardian, Surfing Australia, Fair Trading);
Independent legal counsel.

Users will be informed of their rights and options throughout the resolution process.

6.9 Mandatory Reporting & Legal Reporting Obligations

Where applicable, organisations must also comply with any Reportable Conduct or equivalent schemes operating in the session’s state or territory. SurfKin supports and upholds all legal requirements for the protection of children and vulnerable persons.

(a) Mandatory Reporting

Certain Users (e.g., Coaches, Surf Schools, Service Providers) may be legally designated as mandatory reporters.
If they reasonably believe a child is at risk of harm, abuse, or neglect, they must report this to the relevant authority without delay.
Mandatory reporting laws differ across Australian jurisdictions; Users must understand and comply with local obligations.

(b) Reportable Conduct Schemes

In jurisdictions such as NSW, VIC, and ACT, SurfKin or affiliated Surf Schools may be subject to a Reportable Conduct Scheme.
Allegations or findings of child-related misconduct must be reported to oversight bodies (e.g., NSW Office of the Children’s Guardian).

(c) Criminal Offences for Failing to Report

Certain jurisdictions impose criminal penalties for failing to report child abuse when required by law, or failing to protect a child from known or suspected harm.
These apply regardless of SurfKin’s policies and may carry individual legal consequences.

(d) Staff and User Responsibilities
All Users must:

Understand and follow their local legal reporting obligations;
Complete training and induction on recognising and responding to abuse;
Document and submit incident reports promptly to SurfKin and/or authorities.

(e) Recordkeeping

All reports and investigations involving child safety must be documented.
Records may be retained for up to 45 years, in line with recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse.
Refer to Section 5 for guidance on liability and compliance.

6.10 Platform Safety Tools and User Protections

SurfKin provides tools and safeguards to uphold safety, child protection, and platform integrity.

(a) Incident Reporting and Emergency Response

Users can report misconduct or safety concerns through support channels or incident report forms.
In emergencies, Users must first contact emergency services.
SurfKin may suspend sessions, notify Guardians, or escalate to authorities as necessary.

(b) Verified User Status and WWCC Integration

Service Providers must maintain a valid WWCC or equivalent clearance.
Verification status is displayed within the Platform, with renewal and expiry tracked.
Only verified Providers may interact with Minors.

(c) Guardian Communication Controls

Guardians have visibility over communications between Minors and Providers.
Direct messaging with Minors is prohibited unless the Provider is verified/WWCC-cleared, communication is session-related and professional, and it occurs in a group context or with Guardian oversight.
Guardians may block or restrict communication at any time.

(d) Pre-Session Safety Checklists

Providers must confirm safety-related prompts before each session (e.g., Guardian present, group session, known safety concerns).
These confirmations are logged for compliance.

(e) Emergency Contact Directory
The Platform provides in-app access to:

State-specific child protection and reporting agencies;
Local emergency service numbers;
Crisis and counselling services.

(f) Audit Trail and Recordkeeping

All incident reports, communications, and outcomes are securely stored.
Child-safety-related records may be retained for up to 45 years.

(g) Training and Compliance Requirements

Service Providers must complete required training on mandatory reporting laws, recognising abuse and neglect, and safe engagement with Minors.
Completion is tracked and may be required for continued access to the Platform.

(h) Whistleblower Protection and Anonymous Reporting

Anonymous and protected reporting channels are available.
Whistleblower reports are handled confidentially under SurfKin’s zero-retaliation policy.

(i) Moderated Communication System

SurfKin may monitor communications for safety purposes.
Inappropriate, unauthorised, or unsafe communications (especially involving Minors) may trigger immediate investigation and account suspension.

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7. Refund Policy

7.1 Core Refund Framework

7.1.1 Provider Responsibility

Service Providers are solely responsible for delivering their sessions in accordance with their advertised description and for complying with applicable Australian Consumer Law (ACL) obligations regarding refunds and remedies.
In the event that a Participant is entitled to a refund, reversal, chargeback, or other remedy, the Provider shall bear full financial responsibility for such amounts.
This includes any booking fees or administrative charges that SurfKin is required to return to the Participant under the ACL.
Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the ACL. To the extent of any inconsistency, the ACL prevails.

7.1.2 Platform as Merchant of Record

Participants acknowledge, and Service Providers agree, that SurfKin processes payments through Stripe Connect and acts as the Merchant of Record.
All refunds, reversals, chargebacks, or disputes are processed by SurfKin through Stripe on behalf of the relevant Provider.
Providers authorise SurfKin to deduct any such amounts, including booking fees and associated processor fees that SurfKin is required to refund under the ACL, from their balance or future payouts.

7.1.3 Withholding and Offsetting

SurfKin may, at its discretion:
(a) withhold Provider payouts for up to [7–14] days following a completed session to mitigate the risk of refunds, reversals, or chargebacks;
(b) offset any refunds, reversals, chargebacks, or associated fees against current or future payouts due to the Provider; and
(c) where insufficient funds are available, issue an invoice to the Provider for the outstanding amount, payable within seven (7) days of issue.

7.1.4 Survival of Obligations

The financial responsibility of a Provider for refunds, reversals, chargebacks, and associated fees survives the termination or closure of their account. In the event of non-payment, SurfKin reserves the right to pursue debt recovery, including legal proceedings, against the Provider.

7.1.5 Participant Notice

Participants acknowledge that SurfKin may process refunds on behalf of Providers but that the obligation to provide the refund remains with the Provider.
Refunds will be issued in accordance with the ACL and SurfKin’s refund handling processes.
SurfKin charges a booking fee which covers administrative and payment processing costs. This fee is ordinarily non-refundable.
However, if a Participant is entitled to a refund under the ACL, the booking fee will also be refunded.
Participants are entitled to a refund or other remedy in accordance with their rights under the ACL.

7.2 Default Refund Policy (in the absence of a Provider Policy)

Participant cancellation ≥ 24 hours prior to session → Full refund, less Stripe and Platform fees.
Participant cancellation < 24 hours prior to session → No refund, unless expressly approved by the Provider (recorded as “late cancellation”).
Participant no-show → No refund.
Provider cancellation → Full refund (inclusive of fees). Participant may elect refund or reschedule.
Provider rescheduling → Participant may accept the rescheduled time or request a refund, provided the request is made before the new session.
Unsafe conditions → Session must be rescheduled.
Platform-related technical failure → Full refund if the failure prevents booking or communication.

7.2.1 Payment Timing & Fees

Refunds are processed through Stripe within five (5) to ten (10) business days.
Stripe fees are non-refundable once processed, unless required by law.
Platform service fees (3.8%) are retained unless the refund is required due to a Platform system error.
Payment-processor fees are not returned unless the processor returns them or the law requires it.

7.2.2 Service Cancellations, No-Shows & Weather

Participant no-show → Payment forfeited; refund only at Platform discretion in verified emergencies.
Provider no-show → Full refund to Participant; no payment to Provider; repeated breaches may result in Provider suspension or termination.
Weather/safety → Sessions affected by unsafe conditions must be rescheduled by the Provider at least one (1) hour prior to commencement.
Session postponement → Participants and Providers may agree to reschedule; refund requests must be submitted before the session start time.
Refund requests → Only valid if lodged before the scheduled session and supported by evidence of Provider cancellation, no-show, or unsafe conditions.
Platform downtime → Platform will restore or reschedule bookings; refunds are not provided unless legally required.

7.3 Special Session Types and Exceptions

Multi-day programs, camps, or retreats → May be subject to extended cancellation windows (e.g., 7–14 days).
Third-party facility bookings. If a refund is payable under this Policy (including 7.2 Provider cancellation/no-show and 7.2 Unsafe conditions) or under the ACL, any deduction is limited to itemised, non-recoverable third-party costs (e.g., venue/permit fees) that were disclosed upfront, actually incurred, and evidenced on request. Deductions must not exceed the non-recoverable amount and must not include provider margin or avoidable costs. This clause governs deductions only and does not reduce a Participant’s entitlement to a refund.
International sessions → Refund terms may vary according to local laws or Provider-specific policies.
NDIS or grant-funded sessions → Refunds governed by funding body rules or support coordinator agreements.
Sponsored/promotional sessions → Generally non-refundable unless stated otherwise.

7.3.1 Session Management & Communication

Only Providers may formally reschedule bookings within the Platform.
Participants may request reschedules, but Providers must update the system.
All changes should be communicated ≥ 1 hour in advance where possible.
All communications must occur through in-app messaging (emergency direct contact permitted but must be followed up in-app).

7.3.2 Best Practice Standards

All Users must:

Arrive prepared and on time.
Assess safety/environmental factors before a session.
Exercise reasonable judgment when postponing or cancelling.
Communicate promptly and clearly regarding changes.
Maintain a professional, safe, and respectful environment.

7.3.3 Abuse of Refund System

The Platform reserves the right to:

Deny repeated refund claims lacking evidence.
Flag accounts exploiting refund or dispute procedures.
Suspend or terminate accounts engaging in bad-faith claims.

7.4 Dispute Resolution

7.4.1 Process

Participant lodges refund/issue request via booking page or support channel.
Provider has seventy-two (72) hours to respond.
If unresolved, the Platform reviews session records and communications.
Possible outcomes:
- Provider or Platform at fault → Refund issued.
- No clear fault / mutual agreement → Discretionary decision.
- Participant breach (e.g., no-show) → Refund denied.

7.4.2 Submission Requirements

Must be lodged within forty-eight (48) hours of the session or payment.
Must include booking details, Provider name, issue description, and supporting evidence.
These timeframes are administrative only and do not limit ACL rights.

7.4.3 Mediation & Determination

Acknowledgement within three (3) to five (5) business days.
Both parties may be contacted for evidence.
Platform may determine refund, partial refund, reschedule, or denial.
Decisions are final unless escalation is required by law.
Fraud/unauthorised use disputes will be referred to Stripe or relevant institutions.

7.4.4 Escalation

If initial mediation fails, parties may pursue:

Further mediation facilitated by the Platform;
Referral to relevant industry bodies (e.g., Surfing Australia);
Complaint to consumer protection authorities; or
Arbitration or court proceedings in accordance with Section 11 (Governing Law & Dispute Resolution).

7.5 Provider-Specific Cancellation Policies

Providers may publish their own cancellation policy (e.g., Flexible, Moderate, Strict), provided it does not conflict with the ACL or this Agreement.
In the event of a conflict, the more consumer-protective policy will apply.
Where a Provider has not set a specific cancellation policy, the Default Refund Policy in Section 7.2 shall apply.

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8. Code of Conduct & Prohibited Conduct

All Users (including Service Providers, Participants, Guardians, Local Surf Buddies, Videographers, and Boardrider Club Representatives) must comply with this Code of Conduct when using the Platform or engaging in sessions, both online and in person. These standards ensure a safe, respectful, and lawful environment for everyone. SurfKin is committed to fostering respectful, inclusive, and safe surf experiences. By using the Platform, all Users agree to uphold the following standards.

8.1 General Expectations (Applies to All Users)

All Users agree to:

Be respectful, honest, punctual, and prepared for sessions
Communicate clearly and professionally (using in-app messaging for coordination and updates)
Accurately represent skills, services, and availability
Respect instructors, participants, guardians, and public surf spaces
Follow safety instructions, surf etiquette, and local surf rules
Treat others with kindness—both online and in the water
Uphold zero tolerance for verbal, physical, or online abuse, bullying, or harassment
Report unsafe behaviour, misconduct, or misuse of the Platform via official channels
Leave factual, fair, and constructive reviews to support community trust

8.2 Participants & Guardians

Participants and Guardians must:

Read and understand the session listing, including skill level, equipment requirements, and environmental conditions
Accurately describe their (or their child’s) surf skill level
Confirm bookings only when confident in fitness, readiness, and safety
Ensure minors are booked into verified kid-safe sessions and supervised appropriately
Complete all digital waivers and disclose relevant medical/safety information honestly

Acknowledge that surf activities carry inherent risks and take full responsibility for:

Their own (or child’s) physical condition
Understanding wave and environmental conditions
Having appropriate surfing insurance and Surfing Australia membership (recommended, and required for Buddy bookings)

Additionally:

Notify Service Providers promptly in case of cancellation or delay
Use positive, inclusive language and support a welcoming surf culture
Follow all reasonable instructions from Service Providers
Leave reviews in good faith to help others make informed decisions

8.3 Service Providers (Coaches, Surf Schools, Local Buddies)

All Providers agree to operate professionally and safely.

8.3.1 Coaches

Maintain current credentials: Surfing Australia accreditation, First Aid, CPR, WWCC, and Bronze Medallion (or equivalent)
Maintain valid insurance (independent or through a Surf School)
Assess environmental safety, tides, and surf density before every session
Confirm participant readiness and session suitability
Clearly communicate meeting points, objectives, and safety information
Adhere to Surfing Australia and other governing body safety standards
Use the Platform to manage changes, avoid double bookings, and communicate reschedules
Report all incidents, near misses, or misconduct promptly

8.3.2 Surf Schools

Guide affiliated coaches through SurfKin policies
Maintain updated credentials, permits, and insurance documents
Ensure coaches are covered under the school’s public liability insurance
Monitor bookings to avoid conflicts or non-compliant sessions

8.3.3 Local Buddies

Act only as peer guides, not instructors (unless certified and approved)
Hold a Surfing Australia membership or equivalent peer-activity insurance
Never accept underage surfers without a valid WWCC
Respect surf etiquette and be a positive representative of their local break

8.4 Videographers

Videographers operating on the Platform must:

Respect participant privacy at all times
Obtain clear or written consent before filming, as required by SurfKin’s waiver process
Clarify editing and delivery expectations upfront
Ensure safe filming practices (weather checks, water housing, filming zones)

8.5 Boardrider Club Representatives

Club Representatives must:

Promote inclusive, community-focused events and training sessions
Upload and maintain accurate event details (dates, fees, age divisions)
Respond to inquiries in a timely and helpful manner
Ensure organisers/volunteers meet legal obligations for minors, insurance, and risk assessments
Ensure all sessions follow Surf Club safety policies
Promote an inclusive and respectful surf community
Only use SurfKin tools for legitimate club purposes (not for private commercial coaching)

8.6 Working with Minors

Service Providers working with minors must:

Flag sessions involving minors at the time of listing (e.g., “Kids Group Surf Lesson”)
Obtain parental/guardian digital waiver consent prior to participation
Hold a valid Working With Children Check (WWCC) and appropriate qualifications
Ensure Local Surf Buddies do not engage with minors unless WWCC-compliant and cleared by the Platform

Additional child-safety obligations are set out in Section 9: Child Safety Commitment.

8.7 Prohibited Conduct

A User breaches this Code if they:

Harm the reputation, integrity, or interests of the Platform or its community
Abuse, harass, bully, discriminate, or engage in sexual misconduct (including online)
Violate child safeguarding laws or fail to report concerns
Manipulate competitions, misuse confidential information, or breach integrity standards
Use illegal substances or behave unlawfully during Platform activities
Disobey venue rules or Platform policies
Breach confidentiality, intellectual property, or privacy obligations
Engage in disruptive, threatening, or unsafe behaviour

Strictly prohibited activities include:

Using the Platform for fraudulent, deceptive, or unlawful purposes (e.g., false bookings, identity misrepresentation)
Attempting to hack, access, or disrupt accounts, systems, or data without authorization
Uploading, transmitting, or distributing malware, viruses, or harmful code
Collecting, harvesting, or misusing other Users’ personal information without consent
Using the Platform to send spam, unsolicited advertising, or commercial solicitations

8.8 Consequences of Violations

Violations of this Code may result in:

Temporary or permanent suspension from the Platform
Removal of session listings or access
Loss of access to payments, features, or reviews
Cancellation of future bookings
Reporting to Surf Schools, governing bodies, or authorities
Legal action where applicable

Reports of misconduct should be submitted promptly via the designated contact channels outlined in Section 12 of these Terms.

8.9 Best Practice Guidelines (Encouraged)

While not all enforceable, SurfKin strongly encourages Users to:

Keep profiles honest and updated
Prepare properly for every session (weather, tides, safety)
Show up on time and ready to surf
Be responsive, courteous, and flexible where possible
Always put participant safety and wellbeing first

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9. Child Safety Commitment

This section should be read alongside Section 5: Waivers, Insurance & Risk Management and Section 6: Complaints, Safety & Incident Reporting. SurfKin is deeply committed to the protection, safety, and wellbeing of children and young people participating in any program facilitated via our Platform.

Working with Children requirements (Australia-wide).
Any Provider who works with children must hold and maintain the legally required child-related work clearance for the place where the session occurs (and, for online sessions, the child’s location). This includes verification and record-keeping obligations under the relevant state/territory law. Examples include:

NSW: Working With Children Check (Office of the Children’s Guardian)
VIC: Working with Children Check (Department of Justice & Community Safety)
QLD: Blue Card (Blue Card Services)
SA: Working with Children Check (DHS Screening Unit)
WA: Working with Children Check (WWC Screening Unit)
TAS: Registration to Work with Vulnerable People (RWVP)
ACT: Working with Vulnerable People (WWVP) registration
NT: Working with Children Clearance (“Ochre Card”)

Providers warrant that their clearance covers the jurisdiction and activity for each session, remains valid and current, and is produced on request. SurfKin may verify, log numbers/expiry dates, and suspend accounts where clearance is missing, expired, or cannot be verified.

9.1 Zero-Tolerance Policy for Harm

We enforce a strict zero-tolerance policy for any form of abuse, neglect, exploitation, or inappropriate conduct involving children or vulnerable individuals. This includes verbal, emotional, physical, or online harm.

9.2 Child-Safe Standards

All Service Providers who interact with minors through the Platform must:

Hold a current and valid Working With Children Check (WWCC) or equivalent clearance.
Complete appropriate child-safeguarding training (e.g., “Safeguarding Children and Young People in Sport”).
Ensure all session listings involving minors are accurately flagged and approved by the Platform.
Comply with any additional child-safety laws or policies applicable in their state, country, or international region of operation.

9.3 Guardian Consent and Oversight

Minors may only participate in surf activities via SurfKin with parental or legal guardian consent.
Guardians must complete digital waivers and medical forms on behalf of minors prior to participation.
Guardians accept responsibility for understanding session risk levels and ensuring appropriateness for their child’s age, skill, and confidence level.

9.4 Platform Controls for Youth Safety

To protect children and young people, SurfKin:

Requires all sessions involving minors to be tagged (e.g., “Kids Group Surf Lesson”).
Restricts access to such sessions to WWCC-compliant and verified Service Providers only.
Allows Platform Administrators to review and suspend accounts or sessions where child-safety concerns arise.
Audits documentation for active compliance and validity.
Offers a secure channel for incident reporting and partner escalation where needed.

9.5 International and Remote Services

Service Providers offering coaching outside Australia must comply with all local child-protection regulations and bear responsibility for understanding international obligations, including:

Background screening
Duty-of-care responsibilities
Privacy and media consent laws
Mandatory reporting in case of suspected harm

9.6 Reporting Obligations

Anyone—Participant, Provider, Guardian, or Community Member—who becomes aware of:

Unsafe behaviour involving a minor
Inappropriate communication
Breaches of supervision protocols
Suspected grooming or harm

must report it immediately through the Platform’s designated channels or, where applicable, to law enforcement or child protection authorities. SurfKin may suspend any User account pending investigation and will cooperate fully with authorities.

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10. Data & Privacy

See also Section 16: Mobile App Terms & Conditions regarding device permissions and data usage, and Section 17: Third-Party Tools, Integrations & APIs regarding external integrations.

SurfKin handles personal information in accordance with the Australian Privacy Principles (APPs). We are committed to protecting your personal information and upholding your privacy in line with Australian privacy legislation and best practices. By using the SurfKin Platform, you consent to the collection, use, storage, and disclosure of your information as outlined in this section and our broader Privacy Policy.

10.1 Data Retention Policy

SurfKin collects and stores certain categories of user data to deliver safe, legal, and effective services. This policy unifies retention requirements across waivers, insurance, and privacy obligations. Waiver and insurance data retention is set out in Section 5.8.

10.1.1 Purpose of Data Retention

Data is retained to:

Comply with legal, insurance, and tax obligations.
Assist in incident resolution, compliance checks, and user support.
Maintain accurate records of session participation, waivers, and communications.
Support audits, investigations, and regulatory reviews (e.g., in cases involving minors or disputes).

10.1.2 Retention Timeframes

User account details: Until account deletion + 2 years
Session logs & attendance records: 7 years from date of session
Signed waivers & releases: 7 years from date of execution
Payment records & invoices: 7 years minimum (per ATO requirements)
Communications (e.g., support): 3 years from last activity
Credential documents (e.g., WWCC): Until expiry or account removal + 1 year
Incident reports / safety flags: 7+ years, or indefinitely if legally required

Note: Retention periods may be extended if required by law or in connection with an ongoing legal matter, investigation, or insurance claim.

10.2 Secure Storage Practices

All data is stored in secure cloud environments using encrypted infrastructure (e.g., AWS, Firebase).
Sensitive data such as payment identifiers are processed directly by providers like Stripe and are not stored by SurfKin.
Only authorized SurfKin administrators may access sensitive data.
Key documents (WWCC, insurance, waivers) are version-controlled and reviewed periodically for validity.

10.3 Data Deletion and Account Closure

Users may request account deletion at any time via the app or by contacting support. However:

Certain records must be retained to comply with tax, legal, or insurance obligations.
Data tied to safety incidents, insurance claims, or official complaints may be retained indefinitely where required.
Limited records may be maintained for security or operational reasons after account closure.

10.4 Third-Party Systems

Where SurfKin integrates with external providers (e.g., Stripe, Google Maps, email/SMS gateways, Surfing Australia), those providers apply their own retention and privacy policies. Users are encouraged to review them directly. For more details, see SurfKin’s Data Processing Agreement (DPA).

10.5 Video Uploads & Content Policy

Providers and authorized users may upload video content for sessions or programs. By uploading, you:

(a) Confirm you own or control all necessary rights to share the material.
(b) Grant SurfKin a non-exclusive, royalty-free license to stream, display, or store the content on the Platform.
(c) Agree not to upload unlawful, misleading, or third-party content without permission.
(d) Acknowledge that explicit or harmful imagery is strictly prohibited.

SurfKin reserves the right to remove or restrict any content that violates these Terms. Uploaded content may be reviewed for quality, safety, and compliance.

10.6 Information We Collect

When you register, use, or interact with the Platform, we may collect:

Personal identification details (e.g., full name, email, date of birth, phone number).
Role-specific documents (e.g., coaching credentials, insurance policies, WWCC, Surfing Australia membership).
Session and booking history.
Communication and feedback shared via the app.
Payment processing identifiers (e.g., Stripe account ID – managed externally by Stripe).
Location data (if enabled for map-based session listings).

10.7 How We Use Your Data

We use the information you provide to:

Create and manage your SurfKin account.
Match you with relevant services, sessions, and users based on your role and profile.
Facilitate secure payment and booking processes.
Verify credentials and uphold safety and eligibility requirements.
Monitor compliance and respond to disputes or safety concerns.
Improve user experience and develop new platform features.

Your data is used only for purposes related to operating the SurfKin Platform. We do not sell, rent, or share personal data with advertisers.

10.8 Data Security

We employ administrative, technical, and organizational safeguards, including:

Encryption of stored and transmitted data.
Access controls restricted to authorized personnel.
Regular security reviews and audits.
Industry-standard protections for sensitive data (e.g., Stripe for payments).

10.9 Access and Control

Users may access or update their personal information at any time via their SurfKin profile.
Users may request corrections or modifications to privacy settings.
Requests for data deletion will be honored except where retention is legally required.

10.10 Data Sharing and Disclosure

We do not sell personal data. Information may be shared only with:

Approved third parties (e.g., payment proces

11. Intellectual Property

11.1 Platform Ownership

All content, features, functionality, and branding of the SurfKin Platform — including text, graphics, logos, videos, software code, databases, and design elements — are the exclusive property of SURFKIN Pty Ltd and are protected by Australian and international intellectual property laws.

Users may not copy, reproduce, distribute, modify, republish, upload, post, transmit, or create derivative works from the Platform or its content without prior written permission.

11.2 User-Generated Content

Users may upload or submit content to the Platform, including but not limited to:

Session descriptions
Images, videos, or profile media
Reviews and feedback
Training materials, schedules, or surf programs

By uploading content, you:

Warrant that you have the necessary rights to use, publish, and share such content; and
Grant SurfKin a non-exclusive, royalty-free, worldwide license to use, host, store, reproduce, and display the content for the purposes of operating, promoting, or improving the Platform.

This license does not transfer ownership. Users retain all original copyright but authorize platform use as described above.

11.3 Restrictions on Use

Users must not:

Use SurfKin branding, marks, code, or designs without written consent;
Impersonate or misrepresent other Users or the Platform using any content, logo, or design elements;
Reverse-engineer, decompile, scrape, or data-mine platform code, structure, or listings.

11.4 Platform Marks and Badges

Any verification badges (e.g., “Verified Coach” or “Minor-Safe Provider”) or affiliated graphics remain the intellectual property of SurfKin and must not be reused, recreated, or displayed outside the Platform without permission.

11.5 Copyright Infringement and Disputes

If you believe your copyrighted content has been used inappropriately on the Platform, please submit a formal notice to SurfKin with evidence of ownership and a description of the alleged infringement. We will review and, if necessary, remove infringing content.

11.6 Third-Party Content & Licensing

The Platform may display or incorporate third-party content (e.g., maps from Mapbox/Google, videos, or external tools). All such content remains subject to the IP rights and licensing terms of the respective providers. Users must comply with those third-party terms when interacting with or sharing such content. See also Section 17: Third-Party Tools, Integrations & APIs.

11.7 Educational & Marketing Use

SurfKin may use anonymised or non-identifying User Content (such as testimonials, surf footage, or session data) for educational, safety, or promotional materials (e.g., training guides, blog posts, or case studies), unless you opt out in writing.

11.8 Platform APIs and Developer Access (if applicable)

If SurfKin makes an API or developer tools available to external partners or integrations, access will be limited to approved use cases and subject to a separate API Agreement. Any attempt to misuse, copy, or replicate backend systems is prohibited.

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12. Termination of Access & Enforcement

12.1 Grounds for Suspension or Termination

SurfKin reserves the right to suspend, restrict, or permanently terminate access to the Platform for any User who:

Breaches these Terms and Conditions or any linked role-specific obligations
Submits falsified or expired documentation (e.g., coaching credentials, insurance policies, WWCC, Surfing Australia memberships)
Harasses, discriminates, or otherwise creates an unsafe environment for other Users
Engages in unsafe, unethical, or illegal behaviour during sessions or while using the Platform
Fails to maintain active insurance or mandatory qualifications required by their role
Engages in fraud or misrepresentation (e.g., impersonating a certified coach, altering attendance records)
Fails to respond to Platform communications or user complaints when required

12.2 Procedure for Account Review

Before permanent termination, SurfKin will:

Notify the User of the issue (where appropriate)
Provide a short timeframe to resolve or respond (typically 3–5 business days)
Assess the outcome and determine whether reinstatement or removal is appropriate

SurfKin retains sole discretion in interpreting policy breaches and deciding actions, especially where Platform integrity or participant safety is at risk.

12.3 Appeals and Review Requests

If a User believes their account was suspended or terminated in error, they may request a formal review via support email.

Appeals must include clear reasoning and, where applicable, supporting documentation (e.g., updated credentials, context).
A review will be conducted within 10 business days.
Decisions following the review will be final and binding.

12.4 Reporting to External Authorities

Where serious breaches involve minors, fraud, or criminal behaviour, SurfKin may refer matters to:

Law enforcement agencies
Child protection authorities
Surfing Australia or equivalent certifying bodies
Associated Surf Schools, clubs, or event hosts

12.5 Post-Termination Consequences

Suspended or terminated Users may:

Lose access to previously booked sessions or funds held in the system
Have profile content, badges, or reviews removed from public view
Be restricted from registering a new account unless explicitly approved by SurfKin

12.6 Emergency Action Clause

In urgent situations involving risk to user safety, data security, or platform stability, SurfKin may immediately suspend access without prior notice. This includes, but is not limited to:

Suspected hacking or security breaches
Identity theft or impersonation
Alleged abuse or imminent harm involving minors or vulnerable users

12.7 Account Deletion Requests

Users may request permanent deletion of their account and personal data by contacting SurfKin support. Please note:

Some records (e.g., insurance logs, waiver history, incident reports) may be retained per Section 10: Data & Privacy for legal or operational reasons.
Account deletion may be delayed if there are pending disputes, investigations, or financial obligations.

12.8 Third-Party Platform Ban

In cases of serious misconduct—such as verified fraud, child endangerment, or criminal behaviour—SurfKin may share limited incident details with affiliated platforms or industry partners, such as:

Surfing Australia
Partner surf schools and venues
Booking directories or associations

This is done strictly to uphold community safety and professional integrity across the surfing ecosystem.

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13. Governing Law & Jurisdiction

13.1 Governing Law

These Terms and Conditions are governed by the laws of New South Wales, Australia, without regard to conflict of law principles. This applies regardless of the User’s location, the location of the surf session, or the nature of the User’s engagement with the Platform.

13.2 Jurisdiction

All Users agree to submit to the exclusive jurisdiction of the courts of New South Wales for the resolution of any disputes, claims, or legal proceedings that may arise under or in connection with these Terms.

13.3 Dispute Resolution Process

Before initiating formal legal proceedings, all parties agree to:

Attempt informal resolution. Contact SurfKin at the earliest opportunity via [Insert Contact Email], clearly outlining the concern or complaint.
Allow internal investigation. SurfKin will respond within a reasonable timeframe (typically 7–14 business days) and may request further details to assist in resolving the issue.
Engage in good-faith mediation. If internal resolution is unsuccessful, both parties agree to participate in a non-binding mediation process prior to commencing legal action.

13.4 Arbitration Clause (customers)

Consumers: Arbitration is optional. Either party may propose arbitration after a dispute arises; it proceeds only if you consent in writing. Nothing in this clause prevents either party from starting proceedings in the courts of New South Wales (including urgent injunctive relief or small-claims matters).
Business users (Providers): After a dispute arises, the parties may mutually agree in writing to refer the dispute to arbitration under the ACICA Rules in Sydney, Australia. Each party bears its own costs unless the arbitrator decides otherwise.

This clause does not limit any rights or remedies under the Australian Consumer Law (ACL).

13.5 Legal Notice Delivery

Legal notices to SurfKin must be delivered via one of the following methods:

Registered mail to the company’s official business address; or
Email to the designated legal contact address: [Insert Legal Email Address].

Users acknowledge that SurfKin may issue legal notices via electronic communication, where legally permissible and where receipt is verifiable.

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14. Amendments & Version Control

14.1 Right to Modify Terms

SurfKin reserves the right to amend, update, or revise these Terms and Conditions at any time, for reasons including (but not limited to) changes in legal requirements, platform functionality, safety protocols, or community standards.

14.2 Notice of Changes

Where material changes are made, SurfKin will provide reasonable notice through one or more of the following methods:

An in-app notification or platform banner
Email alert to registered Users
Update to the “Effective Date” at the top of this document
Message posted on the official SurfKin website or dashboard

14.3 User Responsibility

By continuing to use the Platform after changes are published, Users agree to the revised Terms. It is the User’s responsibility to:

Regularly review the current version of the Terms
Stay informed about updates to session rules, safety protocols, or legal obligations

If a User does not agree with the updated Terms, they must discontinue use of the Platform and request account deletion.

14.4 Version Control & Archives

To support transparency and compliance:

SurfKin will maintain a record of historical versions of the Terms
Prior versions may be made available upon written request for reference or legal purposes
The Platform may include a changelog or summary of recent revisions for clarity

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15. Accessibility Statement

Mobile-specific accessibility terms are further detailed in Section 16.9 within Section 16: Mobile App Terms & Conditions.

15.1 Commitment to Inclusive Access

SurfKin is committed to providing an inclusive and accessible experience for all Users, including individuals with disabilities, neurodiverse learners, and those requiring additional support. We value equity, dignity, and independence across both our digital services and in-person activities.

15.2 Digital Accessibility Standards

SurfKin strives to comply with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA by ensuring:

Compatibility with screen readers and assistive technologies
Keyboard navigation across core functions
Adjustable contrast and scalable text
Reduced sensory triggers (e.g., avoiding flashing or auto-playing content)
Regular accessibility reviews as part of platform updates

15.3 Accessibility in Coaching & Surf Experiences

Where possible, SurfKin supports adaptive participation by:

Highlighting sessions that accommodate varied needs (e.g., physical access, sensory-friendly coaching)
Supporting different communication preferences (e.g., visual aids, AUSLAN interpreters if arranged)
Promoting NDIS-recognised Providers for disability-inclusive bookings
Allowing carers or guardians to attend sessions where appropriate

15.4 Feedback and Adjustment Requests

Users may request accessibility adjustments or report barriers through SurfKin’s support channels.

Requests will be considered on a case-by-case basis.
Adjustments are subject to capacity, safety, and the nature of the session.

15.5 Mobile App Accessibility

For Users accessing SurfKin via mobile devices, accessibility features may vary depending on the device and operating system.

SurfKin aims to support mobile accessibility across platforms.
User feedback is welcomed to guide improvements.
General Mobile App Terms are provided in Section 16 (see Section 16.9 for mobile-specific accessibility).

15.6 Third-Party Tools and Content

Certain features (e.g., maps, embedded media, third-party APIs) may rely on external providers.

SurfKin is not responsible for the accessibility compliance of such providers.
Where possible, SurfKin will seek accessible alternatives.

15.7 Commitment to Continuous Improvement

SurfKin regularly reviews and updates this Accessibility Statement in response to:

User feedback and community engagement
Changes to legal and regulatory requirements
Advances in technology and accessibility best practices
Standards from partners and funding bodies (e.g., Sport Inclusion Australia, NDIS, Education Departments)

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16. Mobile App Terms & Conditions

These Terms operate in conjunction with the general platform terms (see Section 1.5) and platform infrastructure provisions (see Section 4.2). Accessibility obligations link to Section 15.5; data and privacy considerations link to Section 10.

16.1 Applicability

These Mobile App Terms apply in addition to the general Terms & Conditions when Users download, install, or access the SurfKin mobile application (“App”) from the Apple App Store, Google Play Store, or other distribution platforms. The App functions as an extension of the web platform and shares the same compliance, account, and usage terms.

16.2 App Store Requirements & Permissions

By downloading or using the App, Users agree to:

Comply with the respective app store’s terms (e.g., Apple Media Services Terms, Google Play Terms of Service).
Allow SurfKin to request access to device-specific permissions for functionality (e.g., location services, camera, storage, push notifications).
Acknowledge that any breach of platform or app store policies may result in suspension from both the mobile and web-based versions of the Platform.

16.3 Updates and Compatibility

Users are responsible for keeping the App updated to the latest version. SurfKin is not liable for bugs, reduced functionality, or incompatibility resulting from:

Outdated operating systems
Unsupported devices
Failure to install available updates

16.4 Push Notifications and In-App Messages

The App may deliver reminders, safety alerts, promotional content, or administrative updates via push notifications or in-app messaging. Users may manage notification settings through their device preferences.

16.5 Data Use and Charges

Users acknowledge that:

The App may use mobile data for features such as real-time communication, maps, or media uploads.
All carrier data charges remain the User’s responsibility.

16.6 App Downtime or Malfunctions

While SurfKin strives for high uptime, the App may occasionally experience outages or limitations due to:

Third-party API failures (e.g., map services)
Mobile OS updates or app store restrictions
Emergency maintenance or technical issues

SurfKin will not be liable for lost bookings, earnings, or disruptions caused by App unavailability.

16.7 Uninstallation and Data Retention

Uninstalling the App does not delete your SurfKin account or stored personal data. To request full account closure and data deletion, Users must follow the process outlined in the Privacy Policy or contact SurfKin support (see Section 10: Data & Privacy).

16.8 Mobile-Specific Features (when applicable)

The App may offer tools or features that are exclusive to mobile, including:

GPS check-in for surf sessions
Digital waiver signing
Voice-based reviews or feedback
In-app live support (where available)

16.9 Accessibility in Mobile App

SurfKin is committed to providing an accessible mobile experience and develops the App in line with recognised accessibility standards (including WCAG 2.1). However, SurfKin does not guarantee full accessibility across all devices, OS versions, or environments. Users experiencing accessibility issues are encouraged to contact support for assistance. See also Section 15.5.

16.10 Cross-Platform Synchronisation

Your account information, bookings, messages, and waivers are synchronised across the mobile and desktop versions of the Platform, subject to connectivity, device compatibility, and app version.

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17. Third-Party Tools, Integrations & APIs

17.1 Use of Third-Party Services

The SurfKin Platform may incorporate tools, features, or APIs from external providers to enhance functionality. Examples include:

Maps & Location Tools (e.g., Google Maps, Mapbox)
Payment Processing (e.g., Stripe)
Analytics & Crash Reporting
Calendar / Scheduling Integrations
Identity Verification & Safety Screening

By using these features, Users also agree to the terms and privacy policies of those third-party providers. See also Section 10: Data & Privacy (data sharing & retention) and Section 4 (infrastructure overview).

17.2 No Liability for Third-Party Failures

SurfKin is not liable for service disruptions, data loss, or inaccuracies caused by third-party systems, including (but not limited to):

API outages
Map or location errors
Payment delays or technical bugs
Service-level changes made by the third party

Where reasonably possible, SurfKin will provide alternate solutions or notify Users of affected features.

17.3 Data Sharing and Privacy

When Users engage with integrated services (e.g., Stripe for payments, Google Maps for directions), relevant information such as location, identity, or transaction data may be shared with that provider strictly as needed for that function. All third-party data processing is subject to SurfKin’s Privacy Policy and applicable Australian privacy legislation. See Section 10.

17.4 Opt-Out or Disabling

In some cases, Users may choose to disable third-party features (e.g., location access or calendar syncing). However, doing so may limit functionality or prevent access to certain services.

17.5 Intellectual Property of External Providers

Trademarks, logos, and code used within third-party integrations remain the property of their respective owners. Use of these features does not grant any intellectual property rights or sublicensing beyond their intended functionality.

17.6 Updates and Deprecation

SurfKin reserves the right to update, replace, or discontinue third-party tools or integrations at any time, especially where required by compliance, licensing, or platform compatibility.

17.7 Developer Access / APIs

SurfKin may provide Application Programming Interfaces (APIs) or Software Development Kits (SDKs) to approved developers, partners, or third parties for the purpose of building integrations, extensions, or applications that interact with the Platform.

Access to such APIs is conditional on compliance with SurfKin’s Developer Terms, Privacy Policy, and any applicable rate limits, licensing, or technical guidelines. SurfKin reserves the right to suspend, restrict, or revoke API access at any time, including in cases of misuse, security risks, or non-compliance with legal or contractual obligations.

Developers are responsible for maintaining the confidentiality of API keys or credentials and for any activity carried out under their developer account.

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18. Disclaimers & Limitations of Liability

18.1 General Disclaimers

SurfKin provides a digital platform to connect Users for surf coaching, education, and community engagement. We do not control or supervise in-person sessions and make no guarantees as to:

Session outcomes or satisfaction
The conduct of any User or Provider
Safety of conditions at beaches or surf locations
Compatibility between Users or session types

Use of the Platform is at your own risk.

18.2 Assumption of Risk

Surfing, ocean-based activities, and physical coaching inherently carry risk. By participating in any session, Users agree that:

They are medically and physically fit to participate
They voluntarily assume all associated risks
They have reviewed local conditions (e.g., weather, tides) where applicable

SurfKin is not liable for injury, loss, or harm resulting from session participation unless caused by proven negligence.

18.3 User-Generated Content

Reviews, profile information, and messages posted by Users do not reflect the views of SurfKin. We are not responsible for errors, omissions, or offensive content shared by Users, though we reserve the right to remove content that breaches our Terms.

18.4 Platform Availability & Downtime

We do not guarantee uninterrupted access to the Platform or mobile app. Downtime may occur due to maintenance, technical issues, or third-party outages. We are not liable for:

Missed bookings or revenue
Delays in payment processing
Inability to access features during outages

18.5 No Professional Advice

Unless explicitly stated, information on the Platform does not constitute professional legal, medical, or therapeutic advice. Users are responsible for seeking independent advice where appropriate.

18.6 Force Majeure

SurfKin is not responsible for failures or delays resulting from causes beyond our control, including but not limited to:

Natural disasters
Government restrictions
Pandemic-related interruptions
Infrastructure failures

18.7 Indemnity

By using the Platform, Users agree to indemnify and hold harmless SurfKin, its staff, partners, and representatives from any claims, liabilities, damages, or expenses arising out of:

Breach of these Terms
Misuse of the Platform
Negligent, illegal, or harmful conduct by the User

18.8 Independent Insurance Responsibility

Service Providers and Participants are solely responsible for maintaining appropriate personal accident, public liability, and equipment insurance where applicable. SurfKin does not provide insurance coverage for Users unless explicitly stated. Insurance requirements are also outlined in Section 5.3.

18.9 No Employment Relationship

Nothing in these Terms shall be construed as creating an employment, agency, or joint venture relationship between SurfKin and any User or Service Provider. Providers act as independent contractors at all times.

18.10 Limit on Damages

To the maximum extent permitted by law, SurfKin’s total liability under these Terms shall not exceed the amount paid by the User (if any) in the 12 months preceding the event giving rise to the claim.

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19. Future Services & International Use

19.1 Evolving Platform Features

SurfKin is a dynamic platform, and we may introduce new tools, programs, or service types in the future. These may include:

International bookings and multilingual interfaces
New mobile or wearable integrations
Affiliate or ambassador programs
Cross-partner surf experiences and training initiatives
Boardroom — an Airbnb-style feature where surfers can book a room to stay with a fellow surfer while travelling

By continuing to use the Platform, Users accept that Terms may evolve alongside feature expansions (see Section 14: Amendments & Version Control).

19.2 International Access

The Platform may be accessed from outside Australia, but:

Content and session listings may be tailored to Australian regulations and surf safety standards
Currency, tax, or legal terms may differ based on country of access
SurfKin makes no warranty that the Platform complies with laws outside Australia
Users accessing from overseas are responsible for ensuring local legal compliance

General platform availability is described in Section 4.3.

19.3 International Users and Coaches

International Users, Coaches, or Providers must comply with:

All Australian laws while using the Platform (especially when serving Australian minors)
Their own country’s business and child-protection requirements
Any visa or work restrictions if delivering in-person sessions in Australia

SurfKin reserves the right to verify credentials or block access where compliance cannot be assured.

19.4 Language and Translation Disclaimer

The Platform is primarily provided in English. Translations or third-party browser tools may be inaccurate. SurfKin is not responsible for misunderstandings caused by translation errors.

19.5 Export Compliance

Users may not use the Platform in violation of international sanctions, export controls, or restrictions issued by the Australian Government or foreign regulators.

19.6 Jurisdiction for Overseas Disputes

All disputes arising from international usage are still subject to Section 13: Governing Law & Jurisdiction — which designates New South Wales, Australia as the legal forum.

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20. Contact Support & Legal Notice Delivery

20.1 General Support Contact

For general enquiries, session support, or troubleshooting, Users may contact SurfKin via:

Email: [Insert Support Email]
In-App Help Tool: Available via the Support tab
Business Hours: Monday to Friday, 9:00am–5:00pm AEST (excluding public holidays)

20.2 Legal Notices & Communications

Any formal legal notices (including dispute claims, data requests, or breach allegations) must be submitted in writing to the Platform’s designated legal contact:

Email: [Insert Legal Email Address]

SurfKin may also deliver legal notices to the User via:

The email address associated with their account
In-app notifications
Physical mail, if required by law

Deemed receipt:

By email: 24 hours after sending, unless returned undelivered
By post (within Australia): Five business days after dispatch
Via Platform: Upon visible confirmation (e.g., in-app delivery receipt)

Dispute resolution processes are further detailed in Section 13: Governing Law & Jurisdiction.

20.3 Timeframes for Response

Safety or misconduct reports: within 2 business days
Legal notice acknowledgements: within 5–10 business days
Data access or deletion requests: within legally required timeframes (usually 30 days under Australian privacy law)

20.4 Escalation or External Resolution

If Users are unsatisfied with a response from SurfKin, they may escalate the matter to:

The relevant regulatory authority (e.g., OAIC, Fair Trading, Office of the Children’s Guardian)
Independent dispute-resolution channels, as referenced in Section 13 or in any applicable agreements

20.5 Recordkeeping of Communications

All formal reports, support tickets, and legal correspondence may be logged for audit, compliance, and investigation in accordance with our Data & Privacy and retention policies.

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21. Acknowledgement & Acceptance

21.1 Binding Agreement

By creating an account, browsing the Platform, booking or offering a session, or otherwise using any part of SurfKin, the User confirms that they:

Have read and understood these Terms and Conditions
Agree to be legally bound by them
Are legally capable of entering into this agreement
Will comply with all applicable laws and Platform rules

If the User does not agree with these Terms, they must not use the Platform.

21.2 Acceptance by Guardian (for Minors)

If the User is under 18 years of age, a legal parent or guardian must:

Review and accept these Terms on the Minor’s behalf
Take full responsibility for the Minor’s conduct and compliance on the Platform
Ensure all required waivers and consents are completed truthfully

21.3 Version Reference

These Terms & Conditions represent the full agreement between SurfKin and the User as of the Last Updated date and supersede all prior communications or agreements unless explicitly stated otherwise.
Current version: Version 1.0, effective from 6 September 2025.

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