Terms and Conditions Stoked Headquarters Pty. Ltd.
Introduction
About Stoked HQ Pty Ltd
Stoked Headquarters Pty Ltd (“Stoked HQ”, “we”, “us”, “our”) provides surf-related services, including surf video analysis, surf filming, retreats, workshops, and related educational or recreational activities. Our aim is to support surfers at advanced beginner to intermediate level in a safe and inclusive environment.
Acceptance of Terms
By booking, paying for, or participating in any service offered by Stoked HQ, you (“Participant”, “you”, “your”) acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (“Terms”). If you do not agree, you must not book or participate in our services.
Eligibility to Participate
Age Requirement
Participants must be at least 18 years of age. Minors under 18 may only participate with the written consent of a parent or legal guardian, who must also sign the Waiver and Release and attend the first session.Swimming and Surf Competency
Participants must be able to enter and surf the entire session in the water unaided. Surf video analysis and coaching services are not suitable for non-swimmers or individuals without basic intermediate surf competency.Physical and Medical Fitness
By booking a Service, you warrant that you are in good health, free from conditions that may increase the risk of injury, and physically capable of participating in surf-related activities. You must not participate if you have any injury, disability, medical or health condition that may affect your safety unless it has been disclosed to Stoked HQ and written approval has been provided. Stoked HQ reserves the right to require you to complete a Medical Disclosure Form and obtain medical clearance from a qualified healthcare provider prior to participation. You must immediately notify Stoked HQ of any change to your health, fitness, or ability to participate.Disclosure Obligations
Participants agree to disclose all relevant medical information, including but not limited to pre-existing conditions, recent surgeries, medications, and allergies. Failure to disclose relevant information may result in termination of services without refund.Participant Responsibility for Safety
Participants acknowledge that surf conditions are variable and outside Stoked HQ’s control. Each Participant is responsible for assessing their personal comfort level with conditions on the day of the Service and must arrive at least 30 minutes prior to the session to observe and assess the surf conditions. If at any time a Participant believes conditions are unsafe or beyond their capability, they must immediately discontinue participation.Waiver and Release
As a condition of participation, all Participants must complete and sign the Stoked Headquarters Pty Ltd Waiver and Release Agreement. The Waiver and Release includes an assumption of inherent risks of surfing and surf-related activities, acknowledgement of potential hazards including drowning, injury and equipment-related risks, acceptance of responsibility for personal safety and progression, and a release and indemnity in favour of Stoked HQ, subject to the limits of the Australian Consumer Law. The Waiver and Release is available for review at the time of booking and must be signed prior to participation.Full Waiver Details are here https://www.stokedhq.com.au/waiver
Definitions & Interpretation
Stoked Headquarters Pty Ltd provides a range of surf-related recreational, educational, and training services (“Services”). The scope of Services includes, without limitation:
“Stoked Headquarters Pty Ltd”, “Stoked HQ”, “we”, “us”, or “our” means Stoked Headquarters Pty Ltd (ACN 689749264, ABN [insert]) and includes its employees, contractors, agents, successors and assigns.
“Participant”, “you” or “your” means any individual who books, purchases, registers for, or otherwise participates in any Services provided by Stoked HQ.
“Services” means all services and activities offered by or on behalf of Stoked HQ, including but not limited to surf coaching, surf filming, video analysis sessions (online and in person), workshops, retreats, training, land-based coaching, surf skate and skateboarding instruction, physical training, warm-ups, mobility exercises, educational activities, and any related or incidental services.
“Website” means the website operated by Stoked HQ at www.stokedhq.com.au and any associated subdomains.
“Booking Platform” means Acuity Scheduling or any other system designated by Stoked HQ for the purpose of registering for and managing bookings for Services.
“Waiver and Release” means the Stoked Headquarters Pty Ltd Waiver and Release Agreement which must be completed and signed by all Participants as a condition of participation in Services.
“Cancellation and Refund Policy” means the policy published by Stoked HQ which governs cancellations, rescheduling, and refunds for Services.
“Privacy Policy” means the privacy policy published by Stoked HQ which sets out how personal information is collected, used, stored, and disclosed in accordance with the Privacy Act 1988 (Cth) and other applicable privacy laws.
“Location & Conditions Policy” means the terms published by Stoked HQ setting out Participant responsibilities and Stoked HQ’s approach to changing, modifying, or adapting Services in response to surf conditions and safety considerations.
Headings are for convenience only and do not affect interpretation. Words importing the singular include the plural and vice versa. References to legislation include amendments, re-enactments, and replacements of that legislation.
Services Provided
Stoked Headquarters Pty Ltd provides a range of surf-related recreational, educational, and training Services. The scope of Services includes, without limitation:
Surf Video Analysis – beach-based filming and observation of Participants surfing at locations on the Mornington Peninsula and surrounding breaks, followed by analysis of up to four waves through our designated online platform [link]. Analysis includes written feedback, cues, and suggested drills for progression.
Surf Filming (Video Only) – filming of Participants surfing from the beach, with raw footage provided to the Participant without analysis, commentary, or coaching.
Surf Coaching and Land-Based Training – educational activities conducted on land, which may include surf theory, warm-ups, surf drills, mobility, conditioning, or analysis of existing surf footage provided by the Participant.
Workshops and Clinics – structured group or individual sessions, including but not limited to surf repair, ocean awareness, surf skate and skateboarding instruction, physical conditioning, mobility, yoga, pilates, and related activities.
Surf Retreats and Events – multi-day or single-day programs involving group activities, accommodation, catering, workshops, surf coaching, video analysis, and recreational or educational activities, delivered directly by Stoked HQ or with vetted third-party providers.
Third-Party Services – certain aspects of Services may be delivered in partnership with independent third-party providers such as surf schools, skate instructors, fitness trainers, yoga or pilates instructors, caterers, or accommodation providers. These providers operate subject to their own terms, conditions, and waivers, and Participants agree to review and comply with those additional requirements prior to engaging in those services. Stoked HQ is not liable for the acts, omissions, or conduct of independent service providers except to the extent required by law.
Cancellation and Refunds – Services are subject to Stoked HQ’s https://www.stokedhq.com.au/cancellation-policy which sets out terms for rescheduling, cancellations, refunds, and acceptable exceptions.
Privacy – Participation in Services involves the collection and use of personal information, which is managed in accordance with our [link].
Conditions and Safety – Services are subject to our [link], which outlines the Participant’s responsibilities for assessing surf conditions and Stoked HQ’s approach to safety and adapting Services.
Stoked HQ reserves the right to modify, adapt, or substitute elements of Services, including location, format, or content, at its discretion in response to conditions, safety considerations, or operational requirements.
Participant Obligations
As a condition of participating in Services provided by Stoked Headquarters Pty Ltd, you agree to the following obligations:
Accuracy of Information
You must provide true, complete, and accurate information at the time of booking and registration, including your name, contact details, emergency contact information, and any relevant medical disclosures. You must immediately notify Stoked HQ of any changes to this information.Eligibility and Fitness
You must meet the eligibility requirements as set out in these Terms and in the Waiver and Release https://stokedhq.com.au/liability-waiver-and-release . You warrant that you are medically and physically fit to participate in Services and that you are able to swim and surf unaided. If requested by Stoked HQ, you must complete a Medical Disclosure Form or provide medical clearance from a qualified healthcare professional.Compliance with Instructions
You must comply with all directions and instructions given by Stoked HQ staff, contractors, and service providers during the course of Services. Failure to follow reasonable directions, including safety instructions, may result in termination of your participation without refund.Surf Locations
Stoked Headquarters Pty Ltd (“Stoked HQ”) delivers services primarily at Point Leo, Shoreham, and Flinders on the Mornington Peninsula, Victoria. Locations may vary depending on surf conditions and operational requirements.Assessment of Surf Conditions
You acknowledge and agree that you are solely responsible for assessing your own comfort and safety with the surf and weather conditions at the time of your booking.
You agree to arrive at least 30 minutes prior to the scheduled start time to observe surf conditions, check multiple forecast sources (including but not limited to Surfline, BOM, Windy, Trigger Brothers surf cams, and/ or Swellnet), and make your own assessment of your ability to participate safely.
You acknowledge that surf and weather conditions are unpredictable and may change rapidly before or during your session.
Behaviour and Conduct
You must act respectfully towards Stoked HQ staff, contractors, other participants, and members of the public. Disruptive, unsafe, discriminatory, or inappropriate conduct will not be tolerated and may result in termination of your participation without refund.Waiver and Release
You acknowledge that participation in Services is conditional upon your signing of the Waiver and Release https://stokedhq.com.au/liability-waiver-and-release . This document includes your agreement to assume inherent risks associated with surf and recreational activities, and to release and indemnify Stoked HQ to the extent permitted by law.External Safety Resources
You are encouraged to familiarise yourself with relevant safety resources before attending ServicesBookings & Payments
Making a Booking
All bookings for Services must be made through a third party designated Stoked HQ booking platform. By making a booking, you agree to be bound by these Terms, the Cancellation and Refund Policy https://www.stokedhq.com.au/cancellation-policy, and the Waiver and Release https://stokedhq.com.au/liability-waiver-and-release .Confirmation of Booking
A booking is not confirmed until full payment has been received by Stoked HQ and a confirmation email has been issued. Stoked HQ reserves the right to decline or cancel any booking at its discretion prior to confirmation.Payment
Full payment is required at the time of booking to secure your Service unless stated. Payments may be processed via Stripe, Acuity, PayPal, Square, or any other payment gateway specified by Stoked HQ. By making a payment, you agree to the terms and conditions of these third-party providers.Packages and Credits
Services purchased as part of a package are valid only for the period specified at the time of purchase. Expiry dates will be clearly stated and cannot be extended. Credits and unused sessions are non-transferable and non-refundable except as required under the Australian Consumer Law.Late Arrivals
You must arrive on time for your Service. Late arrivals may result in a shortened session to ensure scheduling for subsequent participants. If you arrive more than 30 minutes late, Stoked HQ reserves the right to cancel the session, and you will be charged the full Service fee in accordance with the Cancellation and Refund Policy [LINK].Changes, Cancellations and Refunds
All changes and cancellations are governed by the Stoked HQ Cancellation and Refund Policy https://www.stokedhq.com.au/cancellation-policy. No refunds will be provided except as required under the Australian Consumer Law or as outlined in that policy.Additional Costs
Additional charges may apply for Services conducted at certain locations, including but not limited to back beaches or locations requiring additional travel.
Some third-party payment platforms, including but not limited to Stripe, Afterpay, and PayPal, may impose their own fees, charges, or conditions in connection with processing payments. It is your responsibility to review and understand the terms and conditions of the payment gateway you choose to use.
Stoked HQ is not responsible for, and accepts no liability in relation to, any fees, charges, errors, or losses arising from the use of such third-party services.
Some third-party payment platforms (e.g. Stripe, Afterpay, PayPal) may impose their own fees or conditions. You are responsible for reviewing their terms. Stoked HQ accepts no liability for any fees, errors, or losses arising from your use of such services.
Cancellations & Refunds
All cancellations, rescheduling requests, and refund entitlements are governed exclusively by Stoked Headquarters Pty Ltd’s Cancellation and Refund Policy https://stokedhq.com.au/cancellation-policy, which forms part of these Terms and Conditions.
By booking or participating in any Service, you acknowledge and agree to be bound by that policy.
Participants are responsible for familiarising themselves with the Cancellation and Refund Policy https://stokedhq.com.au/cancellation-policy prior to booking. That policy sets out in full:
the required notice periods for cancellations and rescheduling;
the circumstances in which cancellation fees apply;
the limited situations where refunds or credits may be issued; and
The obligations of both Stoked HQ and the Participant where Services are affected by surf conditions, weather, or other factors.
Unless otherwise required by law, all cancellations and rescheduling requests are subject to the cancellation fee set out in the Cancellation and Refund Policy https://www.stokedhq.com.au/cancellation-policy No refunds will be provided except as expressly provided in that policy or as required by the Australian Consumer Law.
Changes to Services & Conditions
Alterations Due to Surf Conditions
Stoked Headquarters Pty Ltd may alter, relocate, postpone, or adapt Services where surf conditions are unsuitable or unsafe. Participants acknowledge that surf conditions are outside the control of Stoked HQ, and no refunds will be provided where conditions are deemed too small, flat, crowded, or otherwise undesirable in the Participant’s opinion.Alternative Activities
Where surf conditions are unsuitable for in-water activities, Stoked HQ may substitute alternative land-based activities including but not limited to forecast analysis, warm-ups, surf drills, reviewing existing footage, observing other surfers, and goal setting. These activities form part of the Service and are not grounds for a refund.Force Majeure Events
Stoked HQ will not be liable for any delay, interruption, or cancellation of Services due to events beyond its reasonable control, including but not limited to severe weather, natural disasters, fire, flood, acts of government or regulatory authorities, strikes, pandemics, power failures, or equipment breakdown. In such cases, Stoked HQ may, at its discretion, reschedule the Service, provide a credit, or otherwise modify the delivery of Services.Assumption of Risk
All assumptions of risk, releases, and indemnities are governed by the Stoked Headquarters Pty Ltd Liability and Release Waiver https://stokedhq.com.au/liability-waiver-and-release . That document provides comprehensive detail regarding the risks associated with Services, the extent of your responsibility, and the legal release and indemnity granted to Stoked HQ. Participants must review, complete, and sign the Waiver prior to participation.
Participants acknowledge that surfing and surf-related activities carry inherent risks, including but not limited to drowning, collisions with other surfers or objects, injuries from surf equipment, unpredictable ocean conditions, rip currents, sudden changes in water depth, submerged rocks or reefs, dangerous shore breaks, encounters with marine life, equipment-related hazards, and the potential for serious personal injury or death.
By booking and participating in any Service, you voluntarily assume these risks and accept responsibility for your decision to enter the water and to judge whether the conditions and chosen location are within your personal safety comfort level. Stoked HQ staff may provide advice and may stop or modify a session if conditions are deemed unsafe, but cannot eliminate all risks nor guarantee your safety.
Medical Disclosure & Safety
All medical disclosures, fitness requirements, and emergency authorisations are governed by the Stoked Headquarters Pty Ltd Liability and Release Waiver [LINK]. Participants must review, complete, and sign the Waiver prior to participation.
Participation in Services requires that you are medically and physically fit to engage safely in surf-related and recreational activities. You are responsible for disclosing any pre-existing medical conditions, injuries, allergies, or limitations that may affect your participation, and for discontinuing activity if you believe conditions are unsafe or beyond your capability. Stoked HQ may require a Medical Disclosure Form or medical clearance from a qualified professional prior to participation.
Liability & Indemnity
To the extent permitted by law, Stoked Headquarters Pty Ltd is not liable for any loss, damage, injury, or expense arising from participation in Services, except where such loss is caused by our proven negligence. Participants are responsible for their own safety, conduct, and decisions to enter the water or engage in related activities.
You agree to indemnify Stoked HQ, its staff, contractors, and service providers against any claims, demands, or liabilities arising from your participation in Services, breach of these Terms, or failure to follow instructions.
All releases of liability and indemnity obligations are governed by the Stoked Headquarters Pty Ltd Liability and Release Waiver [LINK]. Participants must review, complete, and sign the Waiver prior to participation.
Insurance
Stoked Headquarters Pty Ltd maintains appropriate public liability and professional indemnity insurance in connection with the delivery of Services. This insurance does not cover personal injury, illness, property damage, or other losses suffered by Participants, except where required by law.
Participants are strongly encouraged to obtain their own personal accident or recreational insurance to cover risks associated with surfing and related activities. For example, Surfing Victoria offers a “Social – Recreational Surfer” membership which includes personal accident insurance for recreational surfers https://surfingvic.com/memberships/
All releases of liability and indemnity obligations are governed by the Stoked Headquarters Pty Ltd Liability and Release Waiver https://stokedhq.com.au/liability-waiver-and-release . Participants must review, complete, and sign the Waiver prior to participation.
Media and Social Media
At Stoked HQ, photography and video are a core part of our services. We capture footage to help you progress in your surfing and, where you agree, to celebrate our community through promotional sharing.
Educational Media (Mandatory)
Video analysis and photographs form part of the coaching process.
By booking any Service, you agree that Stoked HQ may capture and use Media for educational purposes, including video analysis, feedback, and skill progression.
This use is governed by our Terms & Conditions and Waiver & Release https://www.stokedhq.com.au/terms-and-conditions .
Promotional Media (Optional – Consent Required)
Stoked HQ may also wish to use Media for marketing and promotional purposes, including but not limited to our website, social media platforms (e.g. Instagram, TikTok, Facebook, YouTube, LinkedIn), print and digital publications, and events.
Promotional use is only permitted where you (or your parent/guardian if you are under 18) have signed the Media Consent & Release Agreement https://www.stokedhq.com.au/media-consent-and-release.
By signing, you grant Stoked HQ a broad licence to use, adapt, and share Media for promotional purposes.
Minors (Under 18)
Where a Participant is under 18 years of age, the Media Consent & Release Agreement must be completed and signed by their parent or legal guardian
Without this parental/guardian consent, no Media of a minor will be used for promotional purposes.
Stoked HQ complies with Victorian Child Safe Standards and related privacy obligations in relation to the collection and use of Media featuring minors.
Sharing & Re-Sharing
Separate Licence by Public Sharing. Where you publicly share or tag Stoked HQ in Media, you grant Stoked HQ a separate, automatic, royalty-free licence to re-share that specific public post/content, irrespective of any promotional-use opt-out in the Media Consent. This sits alongside (and does not alter) the general requirement for Media Consent for promotional use of other Media.
In these circumstances, your decision to publicly share the Media will constitute a separate licence for that public content.
This rule is consistent with our Terms & Conditions, which state that any Media you publish or tag us in can be lawfully re-shared by Stoked HQ.
Once the Media is shared publicly, Stoked HQ cannot control how it may be copied, reposted, or redistributed by third-party platforms or other users.
Revocation of Consent
You may revoke consent at any time by written notice to hello@stokedhq.com.au. Revocation will apply to future use only.
Media already printed, published or distributed before revocation may continue to be used, and Stoked HQ cannot control or be held responsible for how such Media may have been shared, copied, or redistributed by third parties.
Legal Standing
This Media Policy is an overview only. The legally binding terms governing promotional Media are contained in the Media Consent & Release Agreement https://www.stokedhq.com.au/media-consent-and-release, which must be reviewed and signed before any promotional use occurs.
Intellectual Property
Ownership of Content
All video footage, photographs, coaching notes, analyses, and educational materials created or provided by Stoked Headquarters Pty Ltd in connection with the Services remain the intellectual property of Stoked HQ. Participants are granted access to such materials for personal educational use only.Licence to Use Footage for Analysis & Feedback
Stoked HQ grants Participants a non-exclusive, personal licence to access, download, and use the video footage and coaching materials provided to them through the Services for private learning and progression. This licence does not transfer ownership.Restrictions on Participant Use
Participants may share Content provided by Stoked HQ on personal social media accounts or with friends and family for non-commercial purposes. Where Participants publicly share such Content, they automatically grant Stoked HQ an irrevocable, royalty-free, worldwide licence to re-share, repost, and use that Content on Stoked HQ’s official platforms, consistent with the Terms and Conditions and constitute a separate licence for that public contentParticipants must not modify, sell, license, distribute, or otherwise commercially exploit footage or coaching materials without the prior written consent of Stoked HQ.
All promotional or marketing use of participant images or footage by Stoked HQ is governed separately by the Media Consent Agreement https://stokedhq.com.au/media-consent-and-release , which must be reviewed and signed by Participants and, where under 18 years of age, by parent or guardian.
Privacy & Data Collection
Stoked Headquarters Pty Ltd is committed to protecting your privacy. The collection, storage, use, and disclosure of personal information is governed by our Privacy Policy https://stokedhq.com.au/privacy-policy, which forms part of these Terms & Conditions. By booking or participating in Services, you agree to the collection and handling of your personal information in accordance with that Policy.
Collection of Personal Information
We collect personal information that is reasonably necessary for the delivery of our Services, including but not limited to your name, contact details, emergency contact details, health and fitness information, and payment details. This information may be provided directly by you or, in the case of minors, by a parent or guardian.Storage & Use of Surf Footage
Surf footage and photographs form part of our coaching methodology. Such Media may be stored securely on our internal systems or through trusted third-party providers for the purposes of video analysis, educational feedback, and skill progression. Storage and use of Media for educational purposes is covered by these Terms & Conditions and our Waiver & Release [LINK]. Any use of Media for promotional purposes is governed separately by the Media Consent & Release Agreement [LINK].Access, Correction & Deletion Rights
You have the right to request access to personal information that we hold about you, and to request correction if you believe the information is inaccurate, out of date, incomplete, or misleading. Subject to applicable law and retention requirements, you may also request deletion of personal information we hold about you. All such requests will be managed in accordance with our Privacy Policy https://stokedhq.com.au/privacy-policyData Breach Notification
In accordance with the Privacy Act 1988 (Cth) and the Notifiable Data Breaches scheme, Stoked HQ will promptly investigate any suspected or actual data breach involving personal information. Where we determine that a data breach is likely to result in serious harm to affected individuals, we will:
Notify the Office of the Australian Information Commissioner (OAIC); and
Notify affected individuals, including details of the breach, the information involved, and recommended steps individuals should take in response.
Stoked HQ will take all reasonable steps to contain, remediate, and prevent recurrence of any data breach.
Third-Party Providers
Certain Services may involve or be delivered by independent third-party providers (“Third-Party Providers”), including but not limited to surf schools, skate schools, fitness instructors, caterers, accommodation providers, transport providers, and retreat organisers. Third-party software platforms (e.g., analysis or booking platforms) are also operated independently and are governed by the separate ‘Online Analysis Platform’ clause.
While Stoked HQ takes reasonable care in selecting and engaging Third-Party Providers, each Third-Party Provider operates as an independent contractor and is solely responsible for the quality and safety of its services. Stoked HQ does not control, supervise, or guarantee the acts, omissions, representations, or performance of any Third-Party Provider.
By participating in Services that involve Third-Party Providers, you acknowledge and agree that:
You engage with Third-Party Providers at your own risk;
Stoked HQ is not liable for any loss, injury, damage, delay, expense, or claim arising out of or connected to the acts or omissions of any Third-Party Provider;
You must comply with any additional waivers, terms, or conditions required by the relevant Third-Party Provider; and
Any dispute, claim, or issue arising from services provided by a Third-Party Provider is solely between you and that provider.
Online Analysis Platform (OnForm / Similar)
Stoked HQ may recommend or integrate with third-party online analysis platforms, including but not limited to OnForm (“Online Platform”), for the purpose of delivering video analysis, coaching notes, and feedback. Access to and use of any Online Platform is is mandatory for our service delivery. By choosing to sign up, you do so of your own accord and at your own risk.
You acknowledge and agree that:
The Online Platform is owned and operated by an independent third party and is subject to that provider’s own terms of use and privacy policy.
Stoked HQ does not operate, control, manage, or guarantee the Online Platform in any way;
Stoked HQ has no responsibility or liability whatsoever for the performance, availability, security, or operation of the Online Platform, including without limitation any data breaches, errors, delays, loss of footage, account misuse, or technical failures;
Any dispute, issue, or claim arising from the Online Platform is strictly between you and the platform provider; andYou remain fully responsible for creating, managing, and securing your Online Platform account and any information or media uploaded to it.
Surf footage and coaching notes uploaded to the Online Platform form part of Stoked HQ’s educational methodology but remain subject at all times to the provider’s retention policies and technical limitations. Stoked HQ makes no guarantee as to the storage, accessibility, or longevity of such material once uploaded.
Code of Conduct
By booking and participating in Services with Stoked HQ, you agree to conduct yourself in a respectful, responsible, and safe manner at all times.
Respectful Behaviour
You must treat all participants, staff, and members of the public with courtesy and respect. Behaviour that is abusive, harassing, discriminatory, threatening, violent, or otherwise inappropriate will not be tolerated.
Stoked HQ is a female-led and LGBTQIA+ run business. We celebrate diversity and inclusion, and we expect all participants to treat others fairly and respectfully, regardless of gender, sexuality, age, cultural background, race, religion, ability, or lived experience.
Child Safety
Stoked HQ is committed to the safety and wellbeing of children and young people, in accordance with the Victorian Child Safe Standards.
Any conduct that threatens the safety, dignity, or wellbeing of a child or young person will result in immediate termination of participation and may be reported to relevant authorities.
Participants must not engage in behaviour that is harmful, exploitative, or otherwise unsafe towards children or young people involved in Services.Consequences of Breach
Stoked HQ reserves the right, at its absolute discretion, to refuse service, suspend, or immediately terminate your participation in any Service if you fail to comply with these Terms & Conditions, the Waiver & Release https://stokedhq.com.au/liability-waiver-and-release , the Media Consent & Release Agreement https://stokedhq.com.au/media-and-social-media-policy , or any lawful direction given by Stoked HQ staff.
Where termination occurs due to your breach, you will not be entitled to any refund or credit, and Stoked HQ accepts no liability for any costs, losses, or damages incurred as a result of such termination.
Dispute Resolution
If you have a concern or dispute regarding our Services, you agree to first notify Stoked HQ by email at hello@stokedhq.com.au or by phone on 0419 881 969. We will acknowledge your concern and endeavour to respond within 28 days of receiving your notice.
Both parties agree to act in good faith to resolve any dispute promptly through open communication. Suppose the dispute cannot be resolved directly within 28 days of our response. In that case, either party may seek mediation through the Victorian Small Business Commission before commencing court or tribunal proceedings, except where urgent interlocutory relief is required.
Governing Law & Jurisdiction
These Terms & Conditions are governed by the laws of the State of Victoria, Australia. In the event of any dispute, claim, or proceeding arising out of or in connection with these Terms or the Services, you agree that the courts of Victoria will have exclusive jurisdiction.
Amendments to Terms
Stoked HQ reserves the right to amend, update, or replace these Terms & Conditions at any time. Any changes will take effect immediately upon being published on our website at https://www.stokedhq.com.au
By continuing to use our Services after the publication of amended Terms & Conditions, you agree to be bound by those changes. We recommend that you review the Terms regularly to ensure you are aware of the current obligations and conditions.
Where an amendment materially affects your rights or obligations, Stoked HQ will use reasonable endeavours to provide notice via email or other contact details provided by you at the time of booking.
Continued use of our Services after changes take effect constitutes acceptance of the amended Terms.
Severability
If any provision of these Terms & Conditions is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision will be severed from the Terms to the minimum extent necessary, without affecting the validity and enforceability of the remaining provisions.
Entire Agreement
These Terms & Conditions, together with the Waiver & Release https://stokedhq.com.au/liability-waiver-and-release , the Media Consent & Release Agreement https://stokedhq.com.au/media-consent-and-release, and the Privacy Policy https://stokedhq.com.au/privacy-policy, cancellation policy https://www.stokedhq.com.au/cancellation-policy, media and social media policy https://stokedhq.com.au/media-and-social-media-policy, constitute the entire agreement between you and Stoked HQ in relation to the Services.
This agreement supersedes all prior discussions, representations, understandings, or agreements, whether written or oral, relating to the Services. No other terms, conditions, or warranties will apply unless expressly incorporated into this agreement in writing by Stoked HQ.