Roping, short tours & training
General Terms and Conditions
Tours covered by this policy
All abseiling, rock climbing, short walks and training
+ Definitions
In this document, the term “activity” or “activities” shall mean the recreational activity or activities that you have agreed to undertake with the Company, including travel to and from any site or location where the activity is to be performed, bushwalking, abseiling, rock climbing, training and instructional sessions, the use of any equipment, in any way associated with the activity.
+ Agreement
By taking part in the activities described below and by signing this document, you will be waiving (or giving up) certain legal rights, including the right to sue us or claim compensation in the event you suffer loss or damage of any nature (including injury or death) as a result of taking part in the activities described below.
The activities that you will embark upon are inherently dangerous and could result in property damage, serious injury and/or death. No amount of care, caution, instruction or training can eliminate 100% of the danger involved.
By agreeing to be bound by the terms of this document, you are not relying on any oral or written representations or statements made by the Company, other than as contained in this document.
As consideration for the Company accepting my offer to take part in all or some of the activities described below, I hereby agree to be bound by the terms of this document, including the releases, discharges and indemnities contained herein.
I hereby accept that activity or activities that I am about to embark upon are inherently dangerous and involve unusual risk, danger and hazards. I understand the scope, nature and extent of the risks involved in the activities and I hereby agree to accept those risks on behalf of myself and all persons for whom I am legally responsible.
I hereby accept that pursuant to section 139A of the Competition and Consumer Act 2010, the guarantee given in section 64 Part 3-2 Subdivision C, in Schedule 2 under the Australian Consumer Law provisions is excluded with respect to the supply of recreational services, which includes the activities that I am about to embark upon.
To the fullest extent permitted by law, I hereby release and discharge the Company from all claims, losses, suits, demands, expenses or damages which I might suffer as a result of taking part in the activities, irrespective of whether same was caused by the Company’s negligence or otherwise; and I furthermore indemnify the Company against all claims, losses, suits, demands, expense or damages which may be suffered by a third party, for whom I am legally responsible.
I hereby acknowledge and accept that the terms of this Release of Liability form shall not just apply to the first activity that I undertake with the Company. It shall have effect for each and every activity that I undertake with the Company.
I hereby promise and undertake that I am of sufficient physical fitness to take part in the activities and that I have no injury or medical condition that may endanger my safety, the safety of those who I am legally responsible for, or the safety of any third party, by taking part in the activities.
I hereby promise that I and those for whom I am legally responsible, do not suffer from severe asthma, epilepsy, a cardio/respiratory disorder, hypertension, skeletal or joint or ligament problems. I further promise that I and those in my care are not affected by drugs (whether prescription or otherwise) or alcohol.
I hereby agree and the releases, discharges and indemnities contained in this document shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity.
In the event I am injured whilst taking part in the activities and I am unable to make decisions for myself, I hereby consent to any medical treatment which the activity leader may consider to be in my best interests, and I agree to reimburse the Company for any cost or expense that it may incur in providing such medical treatment, including the cost of transporting me to a medical treatment provider.
I agree that any films, photographs or other recordings of the activities will not be published in a way which, in the opinion of the Company, is improper, inappropriate or damages the Company’s reputation in any way.
+ Refund policy
If Adventure Tribe require the cancellation of your tour for any reason (usually because of weather), a full refund or re-schedule will be offered.
If you need to cancel your booking for any reason:
- Eight (8) days or more before the tour date = Full refund or re-schedule
- One (3) to Six (6) days before the tour date = 70% refund, or substitute participants
- 48 hours within the tour date = No refund, or substitute participants
Substitutions - If you would like to substitute your participants with someone who is keen, that's not a problem.
However we are unable to cover any additional costs such as accommodation or travel that you may have booked in advance. So we suggest that you have travel insurance that covers such an expense.
Full disclosure
Before all of our activities you will be required to complete a number of forms. On these forms there may be questions such as 'Do you require medication', 'How physically fit are you', 'who is your next of kin'. This information will be kept confidential however it is vital that you complete these forms thoroughly and accurately.
Insurance
We recommend you have travel insurances for certain unexpected expenses such as extractions and damage to your personal property.
Fitness
We offer a variety of activities that cater for people who like to laze around to people who like to go go go from sun up to sun down. For most occasions, a moderate level of fitness is required. In adverse weather conditions, a high level of fitness would definitely be advantageous.
Strength
For many of our activities strength can play a major roll, as with your fitness level.
If you are unsure whether you are strong enough for some of our activities, you should discuss this with us and/or train to make sure you are ready.
Attitude
This one is almost as, if not more important than, your fitness and strength. Sometimes our activities can be challenging, you can either meet and embrace that challenge or you can succumb to it. One way you will ultimately be pleased with the outcome and the other, you will not.
Weather
We are constantly monitoring weather and weather conditions. We don't mind adverse conditions as it's all a part of the experience. That being said, if the weather looks like it will be miserable for the entire activity with no signs of letting up, or if it presents us with safety risks, we may be forced to cancel or re-schedule the activity.
If we are forced to cancel, we will reschedule your booking or reimburse you for the activity.
However we are unable to cover any additional costs such as any accommodation or travel that you have booked in advance. So we suggest that you have travel insurance that covers such an expense.
Please see the ‘cancellations’ section above for more details.
Unexpected closures
On occasions, usually subsequent to emergency situations such as storms, fires or floods, Queensland Parks and Wildlife Service will be required to shut parks that we operate in and therefore we may need to alter or reschedule an activity.
We will do our utmost to arrange an equally suitable, enjoyable and fulfilling activity but on the rare occasion that this is not possible, we will move your booking or reimburse you for the activity.
However we are unable to cover you for any additional costs such as any accommodation or travel that you have booked. So we suggest that you ensure you have travel insurance that covers such an expense.
Please see the ‘cancellations’ section above for more details.