TERMS & CONDITIONS
These Terms & Conditions apply to all activities you (You or Your or Yourself) engage in with Soulful Hikes (ABN 68147705709) (We or Our or Us). By agreeing these Terms & Conditions You agree to each of the following clauses contained below.
Please ensure you read these Terms & Conditions carefully before booking
In these Terms & Conditions, the following words have a special meaning:
- Claim means any claim, notice, demand, action, proceeding, litigation, investigation or judgment, however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort, statute or otherwise and whether involving a third party or a party to this Risk Acknowledgement and Waiver Form.
- Losses means liabilities, losses, damages, expenses and costs (including, but not limited to legal costs on a full indemnity basis and whether incurred or awarded) of any kind or nature whether arising in contract or tort (including negligence) or under a statute, including, but not limited to:
- loss of anticipated profits, revenue, savings, loss of opportunity, pure economic loss and loss of data;
- any other consequential, special or indirect loss or damage.
- Personnel, in relation to the Supplier, means the Supplier’s directors, officers, employees, representatives, agents, contractors and volunteers.
- You acknowledge that You will engage in some or all of the following activities (Activities) with Us:
- guided hiking tour;
- gourmet dining; and
- spa treatment;
- arts and crafts;
- cooking classes;
- dance classes;
- cupcake decorating;
- spectating performance;
- face painting; or
- balloon twisting.
- Although We take reasonable care in providing the Activities, You acknowledge that the Activities involve risks including (but not limited to) physical harm, death or disablement resulting from walking on uneven surfaces, or consuming food items.
- Prior to undertaking any Activities with Us, You must satisfy Yourself that You are currently in good physical condition and are not aware of any medical or other reason why You cannot or should not participate in the Activities. If You have any reason to believe You cannot or should not participate in the Activities (including allergies, pre-existing conditions or respiratory issues), You must tell Us before engaging in the Activities.
- You acknowledge that You are responsible for Your own health and determining whether a particular food is safe to consume. You acknowledge that You have advised the tour guide of any special dietary needs and/or provided for them Yourself. You acknowledge that We cannot guarantee all traces of nuts, egg, dairy, gluten and other known allergens are fully removed.
- You acknowledge that the Activities include risks of physical injury, harm or property damage, and agree that You undertake any the Activities voluntarily and at Your own risk for the purposes of Part 1A, Division 5 of the Civil Liability Act 2002 (NSW).
- You acknowledge that We have the right to exclude any person from participating in our activities. This includes if, at any time, the trip leader concludes the participant does not meet the minimum health and fitness requirements to safely undertake the activity, including being under the influence of alcohol or drugs.
- You acknowledge that we have a zero-tolerance for any behaviour which puts other participants’ safety at risk, such as bullying, harassment, abusive or otherwise unsafe or unwelcome conduct. You acknowledge that You are not entitled to a refund if You are asked to leave the tour. Any partial or full refund offered will be at the discretion of the trip leader.
- You acknowledge that there may be no medical care available during the Activities.
- Waiver & Limitation of Liability
- To the extent permitted by law, You expressly and forever release and discharge Us and Our Personnel absolutely from and in respect of any liability or responsibility whatsoever We or Our Personnel may otherwise have in respect of any Claims or Losses in relation to Your participation in the Activities:
- personal injury (including mental and nervous shock and death) You incur or suffer, directly or indirectly in relation to any Activities;
- Your failure to follow any rules of the Activities or any directions given by the Supplier or its Personnel in relation to Your participation in the Activities;
- any act or omission of Yours in the course of any Activities which causes or contributes to personal injury (including mental and nervous shock and death) to any person; or
- any act or omission of Yours in the course of any Activities which causes or contributes to any loss of or damage to any physical property,
except to the extent that those Claims or Losses are caused by a reckless act or omission of Us or Our Personnel.
- You agree to indemnify Us in respect of any Claims or Losses arising out of anything associated with Your participation in and/or reliance upon the Activities (to the extent permissible by law), including in the event that that You become unwell, injured, or lost while experiencing a Product, You agree to indemnify Us for any costs incurred by Soulful Hikes or our Suppliers in arranging emergency evacuation or transportation, medical treatment, or other related costs..
- You hereby waive all and any right to bring any Claims which You have, or may in the future have, against Us arising from or in connection with the Activities.
- Health, Fitness and Medical Disclosure
- You agree that the Activities may be physically strenuous and that You are in proper physical condition to participate in the Activities.
- You agree that You will disclose to Us any underlying medical conditions relevant to Your participation in the Activities.
- You agree that Your health and fitness needs to be appropriate to participate in the Activities and acknowledge that We recommend that You should seek medical advice if You are uncertain of whether Your health and fitness is appropriate to participate in the Activities.
- You agree that there is no obligation for any person to provide You with medical care during the Activities.
- Australian Consumer Law Waiver
- Under the Australian Consumer Law, statutory guarantees apply to the supply of certain goods and services, including recreational activities. A supplier may ask You to agree that these statutory guarantees do not apply to You (or a person for whom or on whose behalf You are acquiring the services).
- You agree that Our liability for each of the following that may be suffered by You (or a person for whom or on whose behalf You are acquiring the services) resulting from the supply of recreational services is excluded:
- physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
- the contraction, aggravation or acceleration of a disease; or
- the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
- that is or may be harmful or disadvantageous to You or the community; or
- that may result in harm or disadvantage to You or the community.
- You agree that if You do not attend Your booking or event, except in circumstances as set out in paragraph 7 and 8 of this Waiver, You will not be entitled to a refund or other compensation.
- In the event We are required to cancel Your booking prior to commencement due to inclement weather, terrorism, natural disasters, civil disorder or disturbance or other external events which make it impractical or unviable as determined by Us, You will be entitled to a credit towards another booking or event that We offer.
- You agree that We are not liable for any direct or consequential losses incurred by You as a result of, or flowing from, Our cancellation of a booking or event.
- If You are unable to attend Your booking, or Your booking is unable to proceed, directly as a result of COVID-19 restrictions including You or any attendee receiving a positive test within 14 days of Your booking, any attendee being required to isolate, or lockdown/travel restrictions preventing the attendee from attending the booking, You will receive refund or a 100% credit towards a future booking or event.
- You agree that We retain the right to alter routes, itineraries, fares, days of operation or cancel hikes if unforeseen circumstances occur.
- In some cases, We may require minimum numbers to run a hike. You acknowledge that We reserve the right to offer the Guest the option of an alternative day or itinerary or a credit towards another booking or event that We offer.
- Marketing and Photos
- You consent to Us taking photographs, video recordings and/or film footage of You while You are on Your tour or experience and that these may be used on Our social media platforms and website and/or advertising or publicity material or other online platforms without obtaining any further consent from You or payment to You in respect of such photographs, video recordings and/or films.
- If you do not consent to Us taking photographs, video recordings and/or film footage of You while You are on Your tour or experience, you agree that you will clearly communicate to the tour guide on the day of your booking that you do not consent to such taking of photographs, video recordings and/or film footage.
- Content published on Our website (digital downloads, images, texts, graphics, logos) is the property of Us and/or its content creators and protected by international copyright laws. The entire compilation of the content found on this website is Our exclusive property.
- Third Party Providers
- Some optional activities that form part of the event or this contract may be provided by an independent company or qualified individual. In this instance, We have contracted a third party provider or qualified individual to provide specialist services. The contract for the provision of that activity will be between You and the third party provider or qualified individual.
- By participating in the activity, You also accept that any assistance given by the specialist leader in undertaking the activity does not render Us liable any independent company in any way.
- We will not arrange or provide the following:
- Your personal insurance;
- Your transport to and from the event site or start location; or
- Additional activities unless expressly stated as being included in Your booking.
- These booking terms and conditions apply exclusively to every contract for services by Soulful Hikes to a guest, including through an agent, and cannot be varied except as expressly agreed in writing by Soulful Hikes.
- Choice of law
- These terms and conditions are governed by and to be interpreted in accordance with the laws of NSW and Australia. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts and tribunals of NSW and courts able to hear appeals from them.
- If a provision of this Waiver is invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
Any personal information that We obtain from You or about You is necessary for Our business purposes or to supply the hiking experiences, Products and Services, and may be used for answering Your questions, arranging hiking Experiences, operations and administration, marketing of Our services and other related purposes.
It is strongly recommended that participants have a minimum of personal injury insurance that includes Ambulance cover, which We recommend be arranged prior to attendance.
You do not have to agree to exclude, restrict or modify Your rights by signing these Terms & Conditions. We reserve the right to refuse to provide You with the services if You do not agree to exclude, restrict or modify Your rights in accordance with these Terms & Conditions.
Any persons under the age of 18 must have the consent and approval of their legal parent or guardian before engaging in the Activities. Persons under the age of 18 must have their legal parent or guardian read these Terms & Conditions, explain them to the person under 18, and sign on behalf of the person under 18 before engaging in the Activities.