Legal
TERMS & CONDITIONS
Last updated: March 2026
Important — Please Read
By booking a lesson, rental, or any activity with Gary's Surf School, you acknowledge that surfing is an inherently dangerous activity and you voluntarily assume all risks associated with participation. Please read these terms carefully before booking.
1. ACCEPTANCE OF TERMS
By booking a surf lesson, rental, accommodation, or any other service offered by Gary's Surf School ("the School", "we", "us"), you ("the Participant", "the Client") agree to be bound by these Terms and Conditions in full. If you are booking on behalf of a minor, you confirm that you are the parent or legal guardian and accept these terms on their behalf.
2. ASSUMPTION OF RISK
Surfing is an inherently dangerous sport that involves significant physical risk, including but not limited to:
- Collision with surfboards, other surfers, or the ocean floor
- Drowning or near-drowning incidents
- Cuts, abrasions, bruising, sprains, and fractures
- Spinal and head injuries
- Marine animal encounters
- Rip currents, large waves, and unpredictable ocean conditions
- Sun exposure and dehydration
By participating in any activity at Gary's Surf School, you voluntarily and knowingly assume all such risks, whether foreseeable or not.
3. WAIVER OF LIABILITY
BY BOOKING WITH GARY'S SURF SCHOOL, YOU EXPRESSLY WAIVE AND RELEASE ALL CLAIMS AGAINST GARY'S SURF SCHOOL, ITS OWNERS, DIRECTORS, EMPLOYEES, INSTRUCTORS, AND AGENTS.
To the maximum extent permitted by South African law, Gary's Surf School, its owners, instructors, employees, and agents shall not be held liable or responsible for any:
- Personal injury, including death, sustained during or arising from any surf lesson, coaching session, rental, or activity
- Loss, theft, or damage to personal property
- Psychological trauma or emotional distress
- Medical costs, rehabilitation expenses, or consequential losses of any nature
This waiver applies whether the injury, loss, or damage is caused by the negligence of Gary's Surf School or any other cause, except in cases of gross negligence or wilful misconduct as defined under South African law.
4. HEALTH & FITNESS
Participants confirm that they are in good physical health and are not aware of any medical condition that would prevent them from safely participating in surfing activities. If you have any health concerns, pre-existing medical conditions, recent injuries, or are pregnant, you must consult a medical professional before participating and inform Gary's Surf School at the time of booking.
Gary's Surf School reserves the right to refuse participation to any person whose physical condition is deemed unsuitable for safe participation.
5. MINORS
Participants under the age of 18 must have written or verbal consent from a parent or legal guardian. The parent or legal guardian accepts these Terms and Conditions in full on behalf of the minor and assumes all responsibility for the minor's participation. Gary's Surf School recommends that a parent or guardian remains on the beach during lessons for participants under the age of 12.
6. INSTRUCTOR AUTHORITY
All participants must follow the instructions of Gary's Surf School instructors at all times. Instructors have the right to remove any participant from the water at any time if they deem it necessary for the safety of that participant or others. No refund will be issued in such circumstances.
7. BOOKINGS & PAYMENTS
- All bookings are confirmed upon receipt of full payment
- Payments are processed securely via PayFast
- Lesson times are tide-dependent and subject to change — Gary's Surf School will notify clients of time changes as early as possible
- Group lessons require a minimum number of participants — we reserve the right to reschedule if minimums are not met
8. CANCELLATIONS & REFUNDS
- Client cancellations 48+ hours before lesson: Full refund or reschedule
- Client cancellations less than 48 hours before lesson: No refund — credit may be offered at our discretion
- Cancellation due to weather or unsafe conditions: Full refund or reschedule at no charge
- No-show: No refund
- Money-back guarantee: Applies to beginner lessons only — if you do not stand up on your board during your lesson, we will refund you in full. This guarantee does not apply to intermediate, private, or kids lessons.
9. EQUIPMENT & RENTALS
Participants are responsible for any damage caused to rental equipment through negligence or misuse. Normal wear and tear is accepted. Lost or irreparably damaged equipment will be charged at replacement cost. All equipment must be returned in the condition in which it was received.
10. PHOTOGRAPHY & MEDIA
Gary's Surf School may take photographs or video footage during lessons and events for use in marketing materials and social media. By participating, you grant Gary's Surf School the right to use such images and footage. If you do not wish to be photographed, please inform your instructor before the lesson begins.
11. GOVERNING LAW
These Terms and Conditions are governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising from or relating to these terms shall be subject to the exclusive jurisdiction of the courts of South Africa.
12. CONTACT
Gary's Surf School
34 Balmoral Building, Beach Road
Muizenberg, Cape Town, 7945
South Africa
Email: gary@garysurf.com
Phone: +27 21 788 9839
These terms constitute a legally binding agreement. If you do not agree to these terms, please do not book with Gary's Surf School.