8 Freediving — Terms & Conditions

Last updated: 19 August 2025

1. Introduction

1.1 These Terms & Conditions (the Terms) govern all bookings, purchases, and use of services offered by 8 Freediving (further referred to as “we”, “us”, “our”), including courses, pool training, and line (depth) training, as well as use of our website 8freediving.com (the Site).
1.2 Nothing in these Terms excludes, restricts, or modifies any rights, warranties, or remedies you may have under the Australian Consumer Law (ACL). To the extent permitted by law, these Terms apply in addition to non‑excludable statutory guarantees.
1.3 By booking or attending any session, or by using the Site, you agree to these Terms.

2. Definitions

2.1 A Course is a multi‑session instructional program delivered over one or more days.
2.2 Pool Training is a coached session conducted in a swimming pool.
2.3 Line (Depth) Training is an open‑water depth session.
2.4 A Session is any single scheduled instance within a Course or training booking.
2.5 The Commencement Time/Date is the scheduled start time/date shown on your booking confirmation.
2.6 Third‑Party Fees are non‑recoverable processing or platform commissions charged by payment providers or marketplaces.
2.7 Customer means the person making a booking or attending a service.

3. Pricing and Currency

3.1 All prices are stated in Australian Dollars (AUD) unless expressly specified otherwise.
3.2 Prices may change without notice until a booking is confirmed and paid.
3.3 Unless expressly stated otherwise, prices are inclusive of GST.

4. Time Zone

4.1 All dates and times are based on Australia/Sydney time (AEST/AEDT).

5. Customer Cancellations and Re‑bookings

5.1 Courses
5.1.1 If you cancel or do not attend within 72 hours (3 days) of the Commencement Time, a 100% Cancellation Fee applies and no refund is payable for any reason, including non‑attendance.
5.1.2 If you cancel between 72 hours (3 days) and 168 hours (7 days) before the Commencement Time, a AUD 250 Cancellation Fee applies.
5.1.3 If you cancel between 168 hours (7 days) and 336 hours (14 days) before the Commencement Time, a AUD 100 Cancellation Fee applies.
5.1.4 If you cancel more than 336 hours (14 days) before the Commencement Time, no cancellation fee applies and you may receive a refund less any Third‑Party Fees.
5.1.5 If you cannot attend a particular Session within a Course and you notify us within the applicable timeframes above, we may postpone that Session at our discretion; the Session will not be refunded.
5.2 Pool Training
5.2.1 If you cancel within 24 hours (1 day) of the Commencement Time, a 100% Cancellation Fee applies and no refund is payable.
5.2.2 If you cancel between 24 hours (1 day) and 48 hours (2 days) before the Commencement Time, a AUD 20 Cancellation Fee applies.
5.2.3 If you cancel more than 48 hours (2 days) before the Commencement Time, no cancellation fee applies and you may receive a refund less any Third‑Party Fees.
5.3 Line (Depth) Training
5.3.1 If you cancel within 24 hours (1 day) of the Commencement Time, a 100% Cancellation Fee applies and no refund is payable.
5.3.2 If you cancel between 24 hours (1 day) and 72 hours (3 days) before the Commencement Time, a AUD 50 Cancellation Fee applies.
5.3.3 If you cancel more than 72 hours (3 days) before the Commencement Time, no cancellation fee applies and you may receive a refund less any Third‑Party Fees.
5.4 Third‑Party Fees
5.4.1 Third‑Party Fees (including payment processing and marketplace/platform commissions) are non‑refundable in all cases, except where required by law.

6. Booking and Payment

6.1 Order process and acceptance
6.1.1 A booking constitutes an offer to purchase services.
6.1.2 A booking is accepted and becomes binding only when we receive payment in full (or any agreed deposit) and you receive written confirmation from us.
6.1.3 Availability is not guaranteed until acceptance under clause 6.1.2.
6.1.4 If a booking is not accepted by us, we will refund any amount paid for that booking.
6.2 Payment methods and surcharges
6.2.1 We may accept payment by credit/debit card or other methods as shown at checkout.
6.2.2 A reasonable card surcharge or processing fee may apply where permitted by law.
6.3 Fraud screening
6.3.1 We may request identity verification, decline a transaction, or cancel a booking where we reasonably suspect fraud or unauthorised use.
6.4 Payment processor terms
6.4.1 Payments are processed by third‑party providers (for example, Stripe). By paying through such providers you agree to be bound by the Payment Processor Terms, which form part of these Terms.
6.4.2 To the extent of any inconsistency, these Terms prevail over the Payment Processor Terms to the extent permitted by law.
6.5 Tax invoices
6.5.1 We will issue a tax invoice/receipt upon request.

7. Operator Cancellations, Postponements, Minimum Numbers, and Force Majeure

7.1 Minimum numbers and operational requirements
7.1.1 Some programs require minimum participant numbers or specific operational conditions as stated in program information.
7.1.2 If minimums are not met, we may postpone or cancel the session.
7.2 Operator cancellations and remedies
7.2.1 We may postpone or cancel where reasonably necessary for safety, weather/sea state, instructor illness, vessel or equipment issues, site or access restrictions, or similar operational reasons.
7.2.2 If we postpone or cancel under clause 7.2.1, you may choose to rebook, receive a credit, or obtain a refund of the price paid for the affected service. We are not responsible for ancillary costs such as travel or accommodation.
7.3 Force majeure
7.3.1 Neither party is liable for delay or failure to perform caused by events beyond reasonable control, including severe weather, natural disasters, acts of government, pandemics, strikes, telecommunications outages, or equipment failure not caused by that party.
7.3.2 Where a force‑majeure event prevents delivery, our obligation is suspended for the duration. If we cancel, clause 7.2.2 applies.
7.4 Instructor discretion
7.4.1 Our instructors’ decisions regarding safety and suitability of conditions are final.

8. Right to Refuse Service and Behavioural Standards

8.1 We may refuse participation or remove a participant to protect safety or wellbeing, or for intoxication, abusive behaviour, failure to follow instructions, late arrival, or failure to meet prerequisites.
8.2 Where refusal or removal is due to your conduct or failure to meet prerequisites, no refund is payable and the booking may be treated as a customer cancellation under clause 5.
8.3 You must follow all safety briefings, use equipment as instructed, and act with due care toward others and the environment.

9. Media (Photo/Video) Consent and Opt‑Out

9.1 We may capture photos and video during sessions for training records and promotional use.
9.2 If you prefer not to be photographed or filmed, you must notify us in writing before the session and tell your instructor on the day so we can accommodate your request.
9.3 You grant us a non‑exclusive, royalty‑free licence to use images or footage featuring you for marketing, social media, and archival purposes, unless you have opted out under clause 9.2.
9.4 If you provide images or footage to us, you warrant you have obtained all necessary consents from identifiable persons.

10. Promotions and Discount Codes

10.1 Promotional offers and discount codes are valid only for the advertised products and period and cannot be combined unless expressly stated.
10.2 Promotions have no cash value and are not transferable.
10.3 Refunds for purchases made using a promotion are limited to the amount actually paid after the discount.
10.4 We may withdraw or vary a promotion at any time where permitted by law.

11. Gift Vouchers / Cards / Certificates

11.1 Gift vouchers, cards, or certificates (collectively, Vouchers) are non‑refundable and not redeemable for cash.
11.2 Vouchers are recorded under the Customer’s name so they remain available if misplaced.
11.3 Vouchers are transferable to another person or to another service offered by 8 Freediving.
11.4 Vouchers must be redeemed within 1 year of purchase, unless a longer period is required by the ACL.
11.5 Our cancellation terms apply to redemptions using Vouchers.
11.6 Vouchers carry a dollar value; if the price of a chosen service exceeds the voucher value, you must pay the difference; if it is less, any remaining balance stays on the Voucher until expiry.
11.7 Third‑Party Fees associated with Voucher purchase or redemption are non‑refundable, except where required by law.

12. Enrolment Forms

12.1 Each Customer must complete and return all required documentation prior to participation.
12.2 Compulsory forms include a Medical Statement and a Liability Release.
12.3 Forms are sent with your booking confirmation or provided on the day, and attendance is permitted only once all forms are completed and there are no contraindications to participation.

13. Dive Medicals / Doctor’s Clearance

13.1 You may be required to obtain a current AS 4005.1 Dive Medical or a doctor’s clearance prior to participation if you answer “Yes” to any relevant health questions.
13.2 A medical may be required if you are taking medication or have an injury/illness that could affect your ability to freedive, snorkel, or swim, or if your health has changed since your last dive medical.
13.3 If unsure whether you require medical clearance, please contact us.

14. Standard Course Requirements

14.1 Unless stated otherwise in program information, you must be 12 years or older.
14.2 You must be able to swim 200 metres continuously.
14.3 You must have no medical conditions that would preclude safe participation.
14.4 Participants under 18 require parental or guardian consent.

15. Seasickness and Equalisation

15.1 Seasickness and equalisation outcomes vary by individual and are outside our control. Our team will support you to remain comfortable and safe; however, inability to equalise or seasickness does not entitle you to a re‑booking or refund where a Cancellation Fee would otherwise apply under clause 5.
15.2 We recommend you discuss antiemetic options with your doctor in advance.

16. Website Use – Disclaimer

16.1 To the fullest extent permitted by law and subject to the ACL, the Site and all documents, products, and services are provided “as is.”
16.2 We do not warrant that the Site will be error‑free, that defects will be corrected, or that the Site or its server will be free from viruses or other harmful components.
16.3 We use reasonable efforts to provide accurate and up‑to‑date information, but we make no representation as to accuracy, reliability, suitability, or completeness.
16.4 It is your responsibility—not ours—to ensure that any products, services, or information available through the Site meet your requirements and to bear any costs of servicing, repair, or correction, except where required by law.

17. Exclusion of Competitors

17.1 If you are in the business of creating similar documents, goods, or services for the purpose of providing them for a fee, you are a competitor of 8 Freediving.
17.2 Competitors are not permitted to use or access the Site, to download documents or information, or to obtain such material through a third party.
17.3 If you breach this term, you agree to be liable for any loss we sustain and to account to us for any profits you make from such unauthorised use, and we may deny access at our sole discretion.

18. Intellectual Property

18.1 The Site contains material owned by or licensed to us, including design, layout, look and feel, trademarks, and graphics.
18.2 You must not reproduce, republish, upload, transmit, or distribute materials, documents, or products from the Site for commercial purposes or for use by any third party.
18.3 We reserve all copyright and trademark rights and may take action for any breach.
18.4 You may print or download extracts for personal, non‑commercial use, and you may share content with individuals for their personal use provided you acknowledge the Site as the source.
18.5 You must not commercially exploit the content or store it in any other website or electronic retrieval system without our express written permission.

19. Indemnity

19.1 To the extent permitted by law, you indemnify us and our personnel against loss, liability, damage, cost, and expense (including reasonable legal costs) arising from your breach of these Terms, your negligent acts or omissions, or your failure to follow safety instructions, except to the extent caused by our negligence, fraud, or wilful misconduct.

20. Liability

20.1 Nothing in these Terms excludes, restricts, or modifies any non‑excludable rights under the ACL.
20.2 To the maximum extent permitted by law, we exclude indirect or consequential loss, including loss of opportunity, profit, or anticipated savings.
20.3 For services not of a kind ordinarily acquired for personal, domestic, or household use or consumption, our liability is limited, at our option, to supplying the services again or paying the cost of having the services supplied again.
20.4 Subject to clause 20.1, and to the extent permitted by law, our aggregate liability for any claim not covered by clause 20.3 is capped at the amount you paid for the relevant services.

21. Privacy

21.1 Your booking and use of our services are also governed by our Privacy Policy.
21.2 We collect and handle personal information to process bookings, deliver services, manage safety and compliance, and communicate with you about our programs.
21.3 You consent to being contacted about schedule changes, safety notices, and relevant service updates. You may opt out of non‑essential marketing communications at any time.

22. Equipment Damage and Loss

22.1 You are responsible for loss of or damage to our equipment caused by your negligence, misuse, or failure to follow instructions.
22.2 We may recover reasonable repair or replacement costs and any associated operational loss directly resulting from such damage or loss.

23. Variations

23.1 We may update these Terms at any time by posting a revised version on the Site.
23.2 Changes take effect upon posting and apply to bookings made after that time; the version in force at the time of your booking applies to that booking.

24. Governing Law

24.1 These Terms are governed by the laws of New South Wales, Australia.
24.2 You submit to the exclusive jurisdiction of the courts of New South Wales and courts competent to hear appeals from those courts.

25. Severability

25.1 If any provision of these Terms is held to be invalid, void, or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.

26. Contact

26.1 For questions about these Terms, cancellations, or medical requirements, please contact dive@8freediving.com.