Waiver

THE HIKE COLLECTIVE

WAIVER, RELEASE, DISCHARGE AND INDEMNITY

This document contains provisions which affect the legal rights of the Customer and are to be read in conjunction with the T&C. Where there is any inconsistency between the T&C and this document, the provisions contained within this document will prevail.

The Customer has read and understood the disclosure of risks set out in this Waiver, and voluntarily accepts those risks and agrees to be bound by this Waiver.

1. This Waiver is between THC and the Customer and applies to the Customer at all times whilst participating in the Tour Experiences.
2. In consideration for and as a condition of being permitted access to the Tour Experiences, the Customer agrees to this Waiver.
3. A reference to Customer shall include all persons that have been included in the Customer’s Booking.
4. The definitions in the T&C apply to this document, together with the following:

“T&C” means the Terms and Conditions published by THC and accepted by the Customer at the time of making the Booking.

“Waiver” means this Waiver, Release, Discharge and Indemnity.

1. The Customer represents and warrants that the Customer:
   1. is over 18 years old (other than any minors accompanying the Customer);
   2. is medically fit to perform, or engage in the Tour Experiences;
   3. is physically, emotionally and mentally competent to engage in the Tour Experiences;
   4. has not relied on any representations or warranties that may have been made by THC or its Representatives or Third Party Providers in relation to the Tour Experiences;
   5. has taken, or had the opportunity to take, independent medical, legal and other relevant advice as to the nature, effect, meaning and extent of this Waiver;
   6. that clauses 5.2 to 5.4 apply to all minors accompanying the Customer;
   7. is lawfully responsible for any minors within the care of or accompanying the Customer; and
   8. has authority to, and does hereby, enter into this Waiver on the Customer’s own behalf and on behalf of all persons included in the Booking, including any minors.
2. The Customer acknowledges the risks associated with participating in the Tour Experiences include, but are not limited to:
   1. loss or damage to property;
   2. injury, illness, permanent disability, paralysis or death;
   3. slipping and falling, collisions with fixed objects and or other participants, falling off objects;
   4. drowning, polluted or contaminated water;
   5. attack or injury from wildlife, dangerous or inclement weather conditions, contracting illnesses from contact with objects and surfaces while participating in the Tour Experiences;
   6. limited mobile telephone reception and access to medical facilities and assistance;
   7. the behaviour and acts or omissions of other participants;
   8. the negligence of THC or its Representatives;
   9. equipment failure and improper or inadequate equipment maintenance and operation;
   10. improper or inadequate instruction or supervision regarding the Tour Experiences or use of THC’ facilities and equipment; and
   11. first aid, emergency treatment, safety rescues or services rendered or failed to be rendered by THC or its Representatives.
3. The Customer acknowledges that the Tour Experiences may include inherently dangerous activities and if so may be “dangerous recreational activities” within the meaning of the Civil Liability Act 2002 (WA).
4. The Customer is aware of the dangers associated with the consumption of alcohol, mind altering substances, drugs (including over the counter or prescribed medication) or other substances which may impair any judgment or physical ability or capacity to safely participate in the Tour Experiences and accepts full responsibility for any injury, loss or damage associated with the Customer’s consumption of alcohol, mind altering substances, drugs or other substances which impairs the Customer’s judgment, physical ability or capacity to safely participate in the Tour Experiences.
5. The Customer unconditionally and irrevocably acknowledges and agrees that:
   1. THC and its Representatives are not responsible for any Claims or Liabilities for:

1. any injury, illness or death of any person; or
2. any injury, illness or death that the Customer may sustain; or
3. any loss, damage or theft of the Customer’s property;

1. 1. THC may, in its sole discretion:

1. refuse to permit the Customer access to the Tour Experiences;
2. require the Customer to leave the Tour Experiences at any time;
3. refuse to permit the Customer to engage in the Tour Experiences;
4. require the Customer to cease the Tour Experiences; or
5. change or vary the conditions of entry to the Tour Experiences.

1. The Customer has had the opportunity to consider the risks associated with participating in the Tour Experiences and freely and voluntarily accepts:
   1. all of the risks (foreseeable and unforeseeable) that may result from the Customer participating in the Tour Experiences;
   2. any and all consequences which may result from those risks (whether foreseeable or unforeseeable); and
   3. that all Implied Warranties are excluded to the fullest extent permitted by law.
2. To the extent any Implied Warranties cannot be excluded, liability for any breach of any Implied Warranty is limited to:
   1. in the case of any Implied Warranty relating to goods:

1. the replacement of those goods or the supply of equivalent goods; or
2. the cost of replacing those goods or supplying equivalent goods; and

1. 1. in the case of any Implied Warranty relating to services:

1. the re-supply of those services; or
2. the cost of re-supply of those services.

1. The Customer has read, understood and agrees to comply with all rules, regulations, procedures, instructional material and other information provided to the Customer or published by THC or relating to the Tour Experiences.
2. While participating in the Tour Experiences the Customer will, at all times, follow:
   1. the lawful directions of THC or any of its Representatives; and
   2. any signage displayed at or in relation to the Tour Experiences.
3. To the fullest extent permitted at law, the Customer waives, releases and discharges THC and its Representatives from and against any and all Claims or Liabilities which the Customer has, or may at any time have, arising out of or in relation to the Tour Experiences. This waiver, release and discharge extends to all acts, omissions, defaults, failures or errors on the part of all or any of THC and or its Representatives.
4. The Customer agrees to indemnify, and keep indemnified, THC and its Representatives from and against any Claims and Liabilities, whether direct or indirect, arising out of or in relation to:
   1. the Customer observing or participating in the Tour Experiences (whether operated by THC or a third party); and
   2. the Customer’s acts or omissions while participating in the Tour Experiences.
5. The Customer covenants not to sue or commence any proceedings against THC and or its Representatives in respect of any loss or damage arising out of or relating to any loss, damage, injury or illness the Customer may sustain (whether to the Customer personally or to any of the Customer’s property) which occurs while participating in the Tour Experiences.
6. While participating in the Tour Experiences, the Customer will:
   1. abide by all laws;
   2. not introduce or create any hazards to persons, property, flora or fauna; and
   3. not, by the Customer’s acts or omissions, breach any terms of this Waiver.
7. The Customer acknowledges that the Tour Experiences are “recreational services” within the meaning of the Competition and Consumer Act 2010 (Cth).
8. This Waiver does not exclude, restrict or modify the application of the Competition and Consumer Act 2010 (Cth), as amended from time to time. The Customer acknowledges
9. If anything in this Waiver is or is determined to be unenforceable, illegal, voidable or void in a jurisdiction then it is severed for that jurisdiction and the rest of this document remains in full force and effect in all other jurisdictions.
10. This Waiver is governed by and shall be construed in accordance with the laws of the State of Western Australia, the parties submitting to the exclusive jurisdiction of the Courts of Western Australia for determination of any dispute claim or demand.