Terms and Conditions
Last updated: 27/02/2023
1. Introduction – who is Surf Academy and what are our aims?
a. Kingsley Surf Academy is the surf department of Kingsley School Bideford managed by Aym Dupuy. The aim of Kingsley Surf Academy is to provide quality surf coaching through a variety of means both sea-based and land-based. Kingsley Surf Academy would like to focus on progression, ongoing support, and high-quality coaching to take student surfing and understanding of the whole surfing industry to the next level. Coaching provision is given either as a 1:1 ratio or in groups at a maximum ratio of 1:8 and is usually located at designated sites around North Devon, England. On occasion, Kingsley Surf Academy will organise surf coaching trips.
b. When booking a lesson or lessons a contract is made when we receive either full or part payment. The person making the booking is accepting full responsibility for all persons who form part of that booking and for the full payment. It is your responsibility to ensure all participants have read and understood these terms and conditions.
2. Terminology
a. For the purposes of these Terms and Conditions the words ‘us’, ‘we’ or ‘our’ refer to Kingsley Surf Academy or Kingsley Surf Academy staff unless stated otherwise. The words ‘you’, ‘your’ or ‘the students’ or ‘attendee’ refer to the person entering into the agreement or their legal representatives with a view to attending any activity with Kingsley Surf Academy for any duration.
3. Booking Information
a. Booking with Kingsley Surf Academy is easy and hassle-free. Please go on our website : https://kingsleydevon.shop/collections/surf-academy . By purchasing a product on the website you confirm that you have read and agree with our Terms and Conditions (link in the footer of the website or available as a PDF on request).
b. If you are booking for other people, the person making the booking is responsible for complying with the Terms and Conditions and will be held liable for those that you are booking for. The person making the booking is responsible for ensuring that those you are booking for reading and understanding the Terms and Conditions.
c. Prior to taking part in any surfing activities, we advise you to take a membership with the National Governing Body, Surfing England: https://memberships.surfingengland.org/new-member/
d. In the eventuality you cannot attend planned sessions please let us know within a 72hrs period after your booking, we will then apply a pro rata price to the session you can attend. If you are not contacting us, we will assume you can attend all sessions and the normal cancellation Policy will be effective.
4. Payment terms and cancellation Policy
a. Full payment must be made 72 hours before the start date of any activity such as the commencement of a surf lesson, event or any other activities offered by Kingsley Surf Academy. If you fail to pay the balance, reasonable attempts (at our discretion) shall be made and recorded by us to contact you prior to your place being re-advertised.
b. If for any reason (excluding Force Majeure), Kingsley Surf Academy is obliged to cancel your booking at any time then you will be refunded in full via bank transfer within 3 weeks of the end date of any booking you may have had with us. You are strongly advised to take out your own personal travel insurance with a travel cancellation policy to cover you for any loss resulting in pre-booked travel should we be forced to cancel a camp or surf trip.
c. If you cancel a booking all deposits are non-refundable. You will need to give us 14 days notice from the start date of any activities you have signed up for us to give you a full refund (Minus the non-refundable deposit if applicable). A credit note valid for 12 months from the date of the purchase will be issued if you cancel within the 14 days period prior to the start date of any activities, we would appreciate as much notice as you can give us. Cancelling within 48 hours no credit note or refund will be given.
5. Transport
a. Transport to and from the designated location of the activity will be done by us.
b. You understand that any travel organised by us is entirely at your own risk and we are not responsible for any of your belongings or equipment. Kingsley Surf Academy holds absolutely no liability for any loss, damage or theft of your belongings during any travel to and from the Kingsley Surf Academy designated location for the activity. You are strongly advised to take out insurance which adequately covers you personally and your personal equipment and belongings, as well as medical care.
c. Kingsley Surf Academy reserves the right to exclude any person at any time with or without reason from the vehicle we are using to transport you. Causes include but are not restricted to; intentional damage to the vehicle, assumed under the influence of drugs or alcohol, verbal or physically abusive to other passengers or driver, causing a nuisance, or making it difficult for the diver to drive safely. At this point school policy relevant to the event should be followed and parents should be contacted immediately to sort out transportation.
6. Drop off and pick up
a. All drop-off and pick-up points and timings will be made clear to you before each session and any changes should be made available to you in a timely manner
b. If you would like to pick up your child from the designated location, we are doing the activity from, we shall endeavor to facilitate this. However, we shall not be liable for any loss or extra cost incurred by you due to our lateness or failure to turn up at a pre-arranged location.
7. Travel and personal insurances
a. Kingsley Surf Academy strongly recommend that you take out your own insurance to cover personal injury and loss, damage or theft of your personal property. You should also consider cancellation/termination insurance cover in the rare event of Force Majeure or unforeseen circumstances leading to cancellation.
b. Any travel insurance is entirely your responsibility
c. Kingsley Surf Academy shall, where appropriate, arrange insurances for activities, travel and accommodation services. Use of third-party service providers will be subject to the provider producing valid insurance certificates or licenses where possible. There may be variation in level of qualifications needed in different countries. We shall attempt to comply with that country’s rules and regulations, although at times this can prove difficult. We hold no liability whatsoever for misinterpreting regional rules, guidelines or laws regarding our operations.
8. Conduct
a. You are responsible for your own conduct (and for those you’ve booked on if you signed for them as Kingsley families and friends). If you are a parent of a minor taking part in one of our activities, then you as a parent are solely responsible for the behaviour of the minor under your control/guardianship.
b. Whilst you are here to learn and have fun, we must ask that your conduct is reasonable at all times. Listening to the instructors or any other staff associated with the delivery of activities to do with Kingsley Surf Academy is essential, and requests/instructions followed in a timely manner. This is for the client’s own safety, the safety of the instructor or those around you as well as preventing damage to equipment or property.
c. Your general behaviour is expected to be reasonable. This includes noise levels, disruption and interaction with other people around you.
d. Regarding behaviour, Kingsley Surf Academy reserves the right to terminate your activity/stay with us at any time with no refund whatsoever. We will give you sufficient multiple warnings if we consider your behaviour to be dangerous or disruptive. Following this, we will exclude you from the activities, accommodation and transport and may assist you in returning you home or to other accommodation which is not run, associated or supported by us.
e. If we consider your conduct to be serious, life-threatening, or violent then we have the right to terminate your stay or participation in activities with us with immediate effect. We are not liable for any loss, be it financial or reputation as a result of the action. Local law enforcement may be involved if your actions are considered unlawful.
9. Activities
a. You are aware and understand that surfing is an inherently dangerous sport and that there may be hazards beyond the control of the surf instructor or Kingsley Surf Academy. We will take reasonable precautions such as a risk assessment, normal and emergency operating procedures, qualified instructors etc to limit the risk.
b. You agree that Kingsley Surf Academy or persons associated with us are not liable in any way for any injury sustained or associated loss sustained by you for any reason, except where negligence is proven in a court of law, and that you will not pursue any case legally or otherwise.
c. Some of the other activities we run carry an element of risk. You must only participate in these activities if you feel able and confident to do so. You must let the instructor know at the earliest opportunity if you are unhappy about a particular activity or if you are not physically able to participate safely. Kingsley Surf Academy holds no liability whatsoever if you fail to disclose anything
which could affect your performance/safety during certain activities. You must never put the safety of the instructors in jeopardy by not disclosing any information which may do so.
d. Other activities will be provided during your trip and each activity will be supervised. Activities delivered by Kingsley Surf Academy will fall within our normal operating procedures.
e. Sometimes activities will be provided by a third-party person or organization. Kingsley Surf Academy will assess the third party for suitability in delivering these activities, but any liability will fall on the third party in case of injury or loss during that activity. You will not hold us responsible or liable should and loss or injury occur.
10. Changes to the proposed or advertised schedule
a. Kingsley Surf Academy reserves the right to change, alter or cancel any activity on the proposed or advertised schedule at any time without reason. This will only happen on rare occasions or if there are circumstances out of our control such as very bad weather.
11. Use of image, likeness, video or other media
a. Kingsley Surf Academy reserves the right to use your image, likeness, video, or any other media Taken of you during your stay with us or during any activity organized or led by us. We have the right to use any image or other media for the purposes of marketing and promotion of Kingsley Surf Academy either in print or online, be it social media, website, blogs, advertising, or other unless you expressly tell us in writing at least 1 day before your visit/activity/trip. Kingsley Surf Academy promises to only use your image sensitively and with consideration.
12. Data protection
a. Kingsley Surf Academy will never share your personal details with third parties for profit or gain. We may share some of your details with third parties associated with us and us planned activities for safety reasons or where it is deemed necessary for that third party to hold certain information.
b. Kingsley Surf Academy shall always keep your details and information in secure manner.
13. Accessibility
a. We are an inclusive academy and take pride in making our site and all Activities accessible to as many people as possible. Although Activities at The Kingsley Surf Academy are designed to be accessible to most people, some people may require additional equipment or adjustments to participate safely which could incur additional costs.
b. If you think that any member of your party may need additional support, please contact the team in advance of making your booking so that we can discuss your specific requirements.
c. It is our priority that all participants in Kingsley Surf Academy activities gain as much from them as possible; we reserve the right at the beginning of a session to suggest percipients attend different sessions if they are unable to fully partake under session ratios, conditions, or impact others' experience.
d. If the above is a concern to Surf Academy Staff, we may in some circumstances ask you to be on the beach should any eventuality arise.
e. If a session needs to be ended early due to the circumstances detailed above, we reserve the right to not offer any form of refund.
14. Discount codes
a. Kingsley Surf Academy Parents Discount Codes are available for use by parents of children enrolled in Kingsley Devon only.
b. The discount codes must be used for the purpose of booking a child and their family or friends and may not be used for any other purpose.
c. The discount codes are non-transferable and cannot be exchanged for cash or any other type of currency.
d. Kingsley Surf Academy reserves the right to cancel any booking made using a Discount Code at any time if it is found that the code has been used by a person that is not a parent of a child currently enrolled in Kingsley Devon.
e. Kingsley Surf Academy reserves the right to modify or discontinue the Discount Code programme at any time.
f. All Discount Codes are subject to availability and may be withdrawn at any time.
15. Surfboard repairs
a. The customer is responsible for ensuring their surfboard is in a condition suitable for repair, Dewaxed, clean and dry. We reserve the right to refuse to take on a board if the condition is not satisfactory.
b. The customer is responsible for transporting their own surfboard to the Kingsley Surf Academy Shaping Bay and for picking up the completed repair.
c. Kingsley Surf Academy is not liable for any damage to the surfboard caused by incorrect or faulty repairs.
d. The customer must provide accurate and up-to-date information about the repair needed.
e. Kingsley Surf Academy is not responsible for any loss or damage to the surfboard during the repair process.
f. The customer is liable for any additional charges incurred for additional materials required for the repair.
g. Any repairs that require the surfboard to be left overnight in Kingsley Surf Academy are done so at the customer's own risk.
h. The customer must pay for the repair in full at the time of collection.
i. If the customer is not satisfied with the repair, they should inform Kingsley Surf Academy staff at pick up of the board.