WAIVER & TERMS OF TOUR ENTRY
The participant acknowledges they have read and agree to the terms and conditions of entry set out herein prior to registering as a tour participant. If you are purchasing for someone else, gifting a tour or purchasing a gift voucher, It is your responsibility and an expectation of trail bus that you will provide them with the safety information which is communicated in the checkout and available on our website.
- Waiver for Participation in Recreational Activities supplied by Trail Bus (“the supplier”)
1.1. The participant acknowledges and agrees that the activity organised or conducted by the supplier is in the nature of an “extreme
sport” and as such, has inherent dangers and risks, including risk of injury or death to the participant.
1.2. The participant further acknowledges and agrees that due to the nature of the activity, it would be unreasonable for the supplier to
be in any way responsible for any injury to or death of the participant and the participant hereby, to the full extent permitted by law,
waives all of his or her legal rights of action against and fully releases the supplier for loss, damages, injury or death howsoever arising
out of or in relation to the participation by the participant in the activities conducted or organised by the supplier including without
limitation, liability for any negligent or tortuous act or omission, breach of duty, breach of contract or breach of statutory duty on the part
of the supplier, its office bearers, directors, employees or agents.
1.3. This waiver, release and discharge shall be and operate separately in favour of the supplier and the Crown in the right of all States
and Territories and the Commonwealth, shires, government departments and agencies, persons (including Ministers and statutory
office holders), corporations and bodies involved or otherwise engaged in promotion or staging the tour or the management of the
land or water on which the tour is staged and the servants, agents, representatives and officers of any of them
1.4. The participant further acknowledges and agrees that he or she has undertaken the activity freely, voluntarily and absolutely at his
or her own risk and with a full appreciation of the nature and extent of all risks involved in the activity. This waiver shall bind the
participant and his or her executors.
1.5. The participant has read and understands this waiver of the participant’s legal rights.
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012
Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These
guarantees mean that the supplier named on this statement is required to ensure that the recreational services it supplies to you-
• are rendered with due care and skill; and
• are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
• might reasonably be expected to achieve any result you have made known to the supplier.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these
statutory guarantees do not apply to you. If you choose to accept this statement within the checkout checkbox, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in
accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.
NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the
supplier’s part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless
disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer
Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
- The participant agrees:
2.1. to the terms and conditions contained in this statement in consideration of and as a condition of acceptance of the participant’s
entry in this tour/tours, for himself or herself, his or her heirs, executors and administrators.
2.2. to comply with the tour rules and regulations stipulated by the supplier.
2.3. that this agreement shall be construed in accordance with the laws of the State of Victoria, Australia and the parties submit to the
exclusive jurisdiction of the Courts of that State
2.4. to allow my photograph, video, multimedia or film likeness to be used for any legitimate purpose by the organizers, sponsors or
2.5 that if I suffer any injury or illness I agree that the TrailBus guides may provide or arrange evacuation, first aid and medical treatment at my expense.
- The participant acknowledges:
3.1. he or she has disclosed all information requested in the supplier’s entry form and warrants that he or she possesses all
qualifications as stipulated by the supplier for the tour;
3.2. he or she has sole responsibility for the security and safety of the participant’s athletic equipment and other personal belongings
during the tour and related activities;
3.3. he or she has received advice that it is highly recommended that he or she obtain personal health insurance to cover any accident
or injury or other risk incurred during participation in the tour;
3.4. additional tour rules and regulations stipulated by the supplier may be posted on the supplier’s website at
www.trailbus.com.au, via email, text and other forms of communication or as otherwise advised by the supplier and are expressly incorporated in the terms and conditions of this agreement.
- The participant warrants he or she is physically fit to compete safely in the tour, and the participant has not received medical advice to the contrary.
- Upon purchase of a product, the purchaser accepts that THEY may need to contacted by trail bus for the purpose of communicating information relevant to their purchased tour. Methods of contact are Inclusive of; email, sms and/or phone calls regarding details of their purchase.