Terms and Conditions 

In consideration of your participation in The Rewilding Project’s activities you acknowledge and agree to the following terms and conditions.

 

Definitions

1. In this declaration

  • a. Claim” means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising from or in connection with any The Rewilding Project activities but does not include:

  • a.i a claim against The Rewilding Project by any person expressly entitled to make a claim under The Rewilding Project insurance policy

  • b. Activity” means The Rewilding Project activity, which you have applied for

  • c. TRP” means The Rewilding Project Pty Ltd

  

General
2.
TRP is a movement that reconnects individuals to the natural environment. 

  • a. We provide a unique way of experiencing the outdoors vital to physical health, fitness and wellbeing. 

  • b. To take part in TRP programs, you will need to complete an indemnity form and agree to terms and conditions. 

  • c. TRP terms and conditions are governed by the laws of Australia and Queensland as is appropriate.

  • d. TRP reserves the right to change their terms and conditions at any time. 

 

Risks, Insurance and Waiver

3. Your participation in the recreational activities supplied by TRP is inherently dangerous and may involve risk. There are risks specifically associated with participation in the recreational activities and accidents can and often do happen which my result in personal injury, death or property damage. Prior to undertaking any such recreational activity, you should ensure you are aware of all of the risks involved, including those risks associated with any health condition you may have. 

4. TRP’s employees are qualified in first aid, insured for public liability and undergo an appropriate traineeship program with TRP. This is to ensure that they are appropriately skilled for the activities of TRP, and represent the values of TRP. 

5. Part of the appeal of adventurous expeditions and trek training is that they operate in remote, harsh and unpredictable environments. They are by their nature challenging and demanding. By signing this form, you acknowledge, agree and understand that participation in the recreational services provided by TRP may involve risk. You agree and undertake any such risk voluntarily and at your own risk. You acknowledge that the assumption of risk and warning above constitutes a ‘risk warning’ in accordance with relevant legislation, including the Civil Liability Act 2003 (QLD), Civil Liability Act 2002 (NSW), Civil Liability Act 2002 (WA) and Civil Liability Act 2002 (TAS).

6. It is possible for a supplier of recreational services or recreational activities to ask you to agree that statutory guarantees under the Australian Consumer Law (which is schedule 2 to the competition and consumer act 2010(Cth)) do not apply to you (or a person for whom or on whose half you are acquiring the services or activities).

7. If you sign this form, you will be agreeing that your rights (or the rights of a person for whom or whose behalf you are acquiring the services) to sue TRP, and/or any employees, staff, servants and/or agents, in relation to recreational services or recreational activities that you undertake because the services or recreational activities provided were not in accordance with the guarantee executed, are restricted or modified as set out.

8. TRP strongly advises all participants to gain and maintain an adequate insurance cover throughout the duration of their participation. TRP strongly advises all participants to ensure that their insurance covers medical, ambulance, helicopter and remote rescue for any loss, damage, or injury that may arise out of or in connection with participating in an activity with TRP and, in particular, for emergencies. TRP recommends that loss of baggage, damage to equipment, loss of personal items and cancellation / postponement is also included in this cover. Personal insurance is not covered in the cost of any expedition, camp, training and/or workshop.


Rules of Participation

9. Upon executing this form you acknowledge, agree and consent to be bound by any regulations made by TRP, and/or any employees, staff, servants and/or agents associated with activities. You will pay on demand the prescribed or stated fees for TRP’s activities on time, and before any due dates. If this does not happen you may forfeit your access to given activity, as decided on by TRP. 

10. TRP puts safety first and reserves the right to cancel or suspend the participation of any person whose conduct has the potential to cause harm or injury to the public, coaches/guides, other member or TRP, and/or any employees, staff, servants and/or agents. 

11. TRP may, at it’s discretion, suspend or cancel your participation if you:

  • Breach these terms and conditions

  • Behave in a way that creates a risk to yourself and/or others

  • Behave in a way that is offensive, inappropriate or is in breach of the law

12. If an injury or illness prevents you from attending a training, session, or workshop, and you wish to postpone this session, you will need to provide TRP with a minimum of 24hours notice, and a medical certificate.

 

Activity Fees

13. The application and/or fees to any activity are non-transferable to other activities or to other people, unless specified by TRP Directors. Any attempt to transfer your application and/or fees to another person without the knowledge of the relevant TRP personnel may result in the cancellation of your application without refund. You also accept that your activity fees are non refundable, unless specified by TRP.

14. You acknowledge that if minimum numbers for an expedition are not reached, a smaller group charge may be offered to allow the expedition to proceed. The smaller group charge will only be applied with a consensus from the entire group. If additional clients join the group, the smaller group charge will be reduced or removed depending on numbers. 

15. You understand that if for any reason TRP cancels an activity you will not be charged for it. 

16. You understand that you are required to pay the replacement, or repair of any gear that is damaged, lost, or deemed unsafe for use due to recklessness. You will not be required to pay for general wear and tear. 

 

Refunds

17. You understand that refunds for activities are at the discretion of TRP. Or as specified in Clause 44 through to Clause 55 of this document.

 

Disclosure
18.
You warrant that you:

  • a. are and must continue to be medically and physically fit and able to undertake and participate in TRP’s activities.

  • b. are not a danger to you or to the health and safety of others.

  • c. have not at any time suffered any blackout, seizure, convulsion, fainting and/or dizzy spells.

  • d. have disclosed to TRP all medical conditions, medications, allergies, intolerances, food requirements, and/or injuries that may affect your ability to undertake activities with TRP.

  • e. have no medical or other reason (differing to anything disclosed) that may limit your activity with TRP, bring danger to yourself or to the health and safety of others. 

  • f.  are over 18 years of age, unless specifically stated by TRP, and signed off by a parent, legal guardian or legal custodian.

19. You acknowledge that you must, and you agree that you will, disclose any pre-existing medical or other condition that may affect the risk that either you or any other person will suffer injury, loss or damage

20. You acknowledge that TRP, and/or any employees, staff, servants and/or agents, rely on information provided by you and that all information is accurate and complete.

21. You agree to report any incidents, injuries, loss or damage you suffer during any TRP activities to the relevant TRP staff before you leave any relevant activity. 

 

Exclusion of Applicant

22. You warrant that a medical practitioner or any person or entity associated with TRP has not at any time excluded you from TRP’s activities.  You acknowledge and agree that TRP may demand a medical certificate/clearance or opinion as to your fitness from a qualified medical practitioner PRIOR to you undertaking any TRP activities. 

 

Safety

23. You understand and acknowledge the dangers associated with the consumption of alcohol or any mind-altering substances before, during or after any TRP activity and you accept full responsibility for injury, loss or damage associated with the consumption of alcohol or any other mind altering substance. 

24. You agree to follow any rules set by TRP staff in connection with any TRP activity. If you fail to comply with TRP’s rules and/or directions, you will not be permitted to participate or continue to participate in the TRP activity and no refund will be given. 

25. You understand that if you elect for some reason to leave the supervision of your guide/coach/instructor  during any activity with TRP, or if you decide not to participate in a supervised activity by TRP, that you do so at your own risk. You acknowledge that you will be fully responsible and are otherwise liable for any illness, injury, or death to you, or those accompanying you. An example occurs where you may decide to leave an activity early to return home or to attend another commitment. TRP recommends that you remain with the guide/coach/instructor and other members for the full duration of the activity.

 

Luck of Prevailing Conditions

26. You acknowledge and agree that:

  • a. TRP activities can and will be affected by the weather which may change without warning; and

  • b. there is often an element of the “luck of prevailing conditions’ when undertaking TRP activities to which TRP have no control.

  • c. where possible TRP will attempt to find an alternative location and expedition, that is similar in nature. 

  • d. If a similar location was not available or the weather conditions were unsafe, TRP will attempt to reschedule another date that is suitable. However if the new date is not suitable for you understand that a refund is only permitted at the discretion of TRP. 

 

Release and Indemnity

27.  In consideration of TRP accepting your participation in a TRP organised activity, you to the extent permitted by the law:

  • a. release and will release TRP, and/or any employees, staff, servants and/or agents, from all Claims that you may have or may have had but for this release arising from your participation in a TRP activity.

  • b. release and indemnify TRP, and/or any employees, staff, servants and/or agents, against any Claim which may be made by you or on your behalf for or in respect of or arising out of your death whether caused by the negligence or breach of contract by TRP, and/or any employees, staff, servants and/or agents, or in any other manner whatsoever; and

  • c. indemnify and will keep indemnified TRP, and/or any employees, staff, servants and/or agents, to the extent permitted by law in respect of any Claim by any person

  • c.i. arising as a result of or in connection with your participation in any TRP activities.

  • c.ii. against TRP, and/ or any employees, staff, servants and/or agents, in respect of any injury, loss or damage arising out of or in connection with your failure to comply with TRP’s, and/or any employees, staff, servants and/or agents, rules and/or directions. 

Save that the above release and indemnities shall not apply to the extent that a grossly negligent act or omission of TRP, and/or any employees, staff, servants and/or agents cause the loss, injury or damage that is subject of the Claim. 

28. If you suffer any injury or illness, you agree that TRP, and/or the relevant employee, staff, servant and/or agent may provide evacuation, first aid, and/or medical treatment at your expense and that your acceptance of these terms and conditions constitutes your consent to such evacuation, first aid and/or medical treatment. If you do not wish to provide your consent to medical treatment please contact TRP. In such circumstances, your participation will be processed and approved/rejected at the discretion of TRP. 

 

Use of Image

29. You acknowledge and consent to photographs and electronic images being taken of you during your participation in TRP’s activities. You acknowledge and agree that such photographs and electronic images are owned by TRP and may be used for promotional or other purposes without any compensation or your further consent being necessary. 

30. If you give your photographs and electronic images to TRP, you understand that TRP will have free and unlimited license to use these however is deemed necessary. However, TRP acknowledges that any proprietary rights remain with you.

31. If for any reason you do not want you photograph used on Facebook, social media or for promotional purposes, please submit a written request to TRP immediately. 

 

Feedback and Complaints

32. Your feedback is welcome and important in helping TRP resolve members concerns with any services and/or programs that are provided for members. Please submit any feedback and/or complaints to admin@therewildingproject.com.au. TRP will respond to your feedback as soon as possible, please bear in mind that TRP staff may be out on an excursion, allow a maximum of five days for a response. 

 

Merchandise

33. You acknowledge that any merchandise purchased from the TRP website does not qualify for a refund unless goods are faulty and are returned in original condition and with tags still attached. If the incorrect size is purchased, this can be exchanged as long as it is returned in original condition and is unworn. You acknowledge that in the case of an exchange, you will pay for the return postage for TRP of $14 and $30 for overseas shipping. 

 

Privacy

34. You understand that the personal information you have provided by you is collected, used and disclosed in accordance with the information set out in these terms & conditions. TRP may use and disclose your personal information for the purpose of conducting and administrating outdoor activities across Australia, providing you with member services or promotional material, complying with legal obligations or otherwise in accordance with TRP’s privacy policy. TRP may share your information with third parties such as but not limited to:

  • a.affiliates of TRP involved in outdoor activities across Australia.

  • b. companies engaged by TRP to carry out functions and activities on behalf of TRP including direct marketing. 

  • c.TRP’s professional advisers, including but not limited to their accountants, auditors, lawyers and insurers. 

35. TRP will retain your personal information, including but not limited to; name, address, contact phone numbers, emergency contacts details and email addresses. Your participation may be rejected if this information is not provided

36. Your information is not generally disclosed to anyone outside Australia, unless you applied for an overseas expedition. 

37. Your personal information is stored on the database of TRP and will be removed by TRP within a reasonable time of your email request.

38. It is impossible for TRP to distinguish if a person under 18 years of age has provided TRP with personal information. If this has occurred without parental consent, the personal information may be removed at the request of the minor or parents, legal guardians or legal custodians. 

39. TRP will take reasonable steps to maintain the security of and to prevent unauthorised access to or disclosure of your personal information but cannot guarantee that unauthorised access to your personal information will not occur. 

40. TRP’s website uses Google Analytics to help the website analyse how individuals use the website information. This is generated about your use of the website (including your IP address). Your personal information will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and Internet usage. Google may also transfer this information to third parties where required do so by law. Google will not associate your IP address with any other data held by Google. You may refuse your use of your information by Google by selecting the appropriate settings on your browser but by doing so you may not be able to use the full functionality of this website. By using this website you consent to the processing of data you by Google in the manner and for the purposes set out in this policy. 

41. TRP reserves the right to change this Privacy Policy from time to time. All personal information collected and held by TRP will be governed by the most recent Privacy Policy as posted on this website. 

 

Bar to Proceedings

42. Any relevant TRP employee, staff, servant and/or agent may plead this contract as a bar to proceedings now or in the future commenced by or on behalf of you or by any person claiming through you. Where you commence proceedings against TRP, and/or any employees, staff, servants and/or agents, you:

  • a. will commence those proceedings in the courts of the jurisdiction in which this contract was mutually bound (Queensland)

  • b. waive any right to object to the exercise of such jurisdiction

  • c. will, where you seek to commence proceedings in another, consent (if required by TRP, and/or any employees, staff, servants and/or agents) to move those proceedings to the jurisdiction from where the contract was mutually bound including consenting to any application made by TRP, and/or any employees, staff, servants and/or agents to remove the proceedings to the jurisdiction location chosen;

  • d. will pay the costs of any application made by TRP, and/or any employees, staff, servants and/or agents and will consent to any application for security of costs made at any time by TRP, and/or any employees, staff, servants and/or agents; and

  • e. consent to paying TRP’s, and/or any employees, staff, servants and/or agents, legal defence costs of the proceedings (on a solicitor client basis) where TRP, and/or any employees, staff, servants and/or agents, successfully defends the proceedings. 

43.  The governing law of this agreement is the law of the Queensland (‘Jurisdiction’). Your irrevocably and unconditionally consent and submit to the Jurisdiction of the courts of the Jurisdiction in which the contract was mutually bound and waive any right to object to the exercise of such Jurisdiction.  

 

Expeditions or Activities 

44. TRP or third party operator/s reserve the right to vary or cancel any local and overseas expeditions, walk or section of expeditions due to extremes of weather or changes to operational conditions such as road closures, flood danger, fire bans or other conditions beyond the control of TRP or the third party operator engaged to conduct the expedition. 

45. Every effort will be made to keep to published departure times and connections, but no guarantee can be made and no compensation shall be payable by TRP or the operator for the cancellation or failure to meet those times. 

46. You understand that you will only be offered a refund if this training is cancelled by TRP or the third party operator. Any fees that have incurred prior to cancellation may need to still be paid. This is at the discretion of TRP.

47. Any third party operator’s terms and conditions will apply. TRP will provide these where necessary.

48. Where these expeditions are run by a third party operator it will be necessary for you to pay a deposit to the relevant third party operator for your local or overseas expedition at the time of your booking. 

49. On or prior to the time you make your booking, the third party operator will provide details relating deposits and their terms and conditions applying to the expedition. Before you make any payment, TRP strongly recommends that you read the terms and conditions of your expedition carefully. 

 50. Prior to making final payment, you will be required to pass a TRP fitness and expedition ready assessment to ensure you are appropriately prepared for your adventure, this includes organising and providing TRP with a new medical clearance from a medical practitioner. If you fail this assessment, you may be refused a place on the expedition.

 51. To reserve your place on an expedition run by TRP, you need to complete and return the booking form and pay a non-refundable, non-transferable deposit. Certain expeditions require a non-refundable additional deposit or instant payment of group fees i.e. track or hut fees. In these instances refer to the individual expedition notes for details.  

52. Final payment for all expeditions will be due on a date specified by TRP. In certain cases, a third party operator may require payment at an earlier time. In such case, the terms and conditions of the third party operator will prevail. 

 53. You acknowledge that any additional activities undertaken outside of TRP’s itinerary are at your own risk. TRP accepts no responsibility for any loss, injury or damage that happens before, during or after any additional activity. 

 54. Cancellation Policies for Australian Based Expeditions/Activities:

  • a.  If cancellation takes place more than 30 days prior to your departure date, a 20% administration fee based on the price of the expedition and any fees that have already been paid in your name will be deducted from your refund. 

  • b.  If cancellation takes place less than 30 days prior to your departure date, 100% of the expedition costs will be payable or forfeited. If a waitlisted client takes up the place, a 20% administration fee based on the price of the expedition will be deducted from your refund. 

  • c.  Transfers from one expedition to another will not be permitted. Please ensure you have had confirmation of your booking from TRP of your expedition before paying for flights. 

  • d.  TRP or third party operator/s reserve the right to vary or cancel any local and overseas expeditions, walk or section of expeditions due to extremes of weather or changes to operational conditions such as road closures, flood danger, fire bans or other conditions beyond the control of TRP or the third party operator engaged to conduct the expedition. 

  • e.  Every effort will be made to keep to published departure times and connections, but no guarantee can be made and no compensation shall be payable by TRP or the operator for the cancellation or failure to meet those times. 

55. Cancellation Policies for Internationally Based Expeditions/Activities:

  • a.  If cancellation takes place more than 60 days prior to your departure date, a 20% administration fee based on the price of the expedition and any fees that have already been paid in your name will be deducted from your refund. 

  • b.  If cancellation takes place between 60 and 30 days prior to your departure date, 50% of the expedition price will be forfeited.

  • c.  If cancellation takes place less than 30 days prior to your departure date, 100% of the expedition price will be forfeited. TRP cannot provide refunds for flights, as individuals book these. 

  • d.  Transfers from one expedition to another will not be permitted. Please ensure you have had confirmation of your booking from TRP of your expedition before paying for flights. 

  • e.  TRP or third party operator/s reserve the right to vary or cancel any local and overseas expeditions, walk or section of expeditions due to extremes of weather or changes to operational conditions such as road closures, flood danger, fire bans or other conditions beyond the control of TRP or the third party operator engaged to conduct the expedition. 

  • f.  Every effort will be made to keep to published departure times and connections, but no guarantee can be made and no compensation shall be payable by TRP or the operator for the cancellation or failure to meet those times. 

  

Entire Agreement

56.This agreement (and the documents to which it refers) constitute the entire agreement between the parties in respect of TRP’s activities and supersedes all other agreements, understandings, representations and negotiations in relation to TRP activities. 

To the extent that any clause of this agreement is void or unenforceable it is severable and does not affect the remaining provisions of the agreement. 

SCHEDULE 1

For recreational services or activities provided throughout Australia

For recreational services to which the Australian Consumer Law (Commonwealth) applies:

By signing this form, you agree that the liability of TRP, and/or any employees, staff, servants and/or agents, in relation to recreational services (as that term is defined in the Competition an Consumer Act 2010(Cth) and the Australian Consumer Law) for any:

  • a. death;

  • b. physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);

  • c. the contraction, aggravation or acceleration of a disease;d. 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:

  • c.i. that is or may be harmful or disadvantageous to you or the community;

  • c.ii. that may result in harm or disadvantage to you or the community, that may be suffered by you (or a person for whom or whose behalf you are acquiring the services) resulting from the supply of recreational services or recreational activities. 

Is excluded and the application of any express or implied term that any services will be provided with due care and skill is hereby excluded. 

For Recreational services or activities provided in ACT (Australian Capital Territory), NSW (New South Wales) QLD (Queensland), TAS (Tasmania) or WA (Western Australia)

For recreational services to which the Australian Consumer Law (Australian Capital Territory), Australian Consumer Law (New South Wales), Australian Consumer Law (Queensland), Australian Consumer Law (Tasmania) and the Australian Consumer Law (Western Australia) applies:

 By signing this membership & participant declaration application form, you agree that the liability of TRP, and/or any employees, staff, servants and/or agents in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth)and the Australian Consumer Law) and recreational activities (as that term is defined in the Civil Law (Wrongs) Act 2002 (ACT), Civil Liability Act 2002 (NSW),Civil Liability Act 2003 (QLD), Civil Liability Act 2002(TAS), Civil Liability Act 2002 (WA), as applicable),  for any:

  • a. death;

  • b. physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);

  • c. the contraction, aggravation or acceleration of a disease;

  • d. 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:

  • d.i. that is or may be harmful or disadvantageous to you or the community;

  • d.ii. that may result in harm or disadvantage to you or the community, that may be suffered by you (or a person for whom or whose behalf you are acquiring the services) resulting from the supply of recreational services or recreational activities. 

Is excluded and the application of any express or implied term that any services will be provided with due care and skill is hereby excluded. 

You acknowledge that these implied terms and rights and any liability of TRP, and/or any employees, staff, servants and/or agents flowing from them, are expressly excluded to the extent possible by the law, by this membership & participant declaration application form. To the extent of any liability arising, the liability of TRP, and/or any employees, staff, servants and/or agents, will, at the discretion of TRP, and/or any employees, staff, servants and/or agents, be limited in the case of goods, to the replacement, repair or payment of the cost of replacing the goods and in the case of the services, the resupply of the services or payment of the cost of having the services supplied again. For the avoidance of doubt, this exclusion does not exclude liability for recklessness as defined by any relevant law.