Peak Adventure Terms & Conditions
PEAK ADVENTURE ACTIVITY BOOKING TERMS
100% payment is required upon booking.
Refunds cannot be issued for cancelled bookings.
A credit equivalent to the full amount paid will be issued for cancellations made more than 72 hours before the activity, minus a 10% administration fee.
Credits cannot be issued for cancellations made less than 72 hours before the activity.
Activities may be cancelled at the discretion of the instructor/tour leader in the event of bad weather*. If an activity is cancelled due to weather conditions, the activity will be rescheduled. Refunds will not be issued. Dates and times may be modified up to 24 hours prior to an activity.
Peak Adventure reserves the right to cancel an activity due to heavy rain, strong tidal currents, large swell or rapids, poor visibility, lightning or strong winds. Activities are only cancelled if conditions are unsafe, or by mutual consent of both the activity leader and the client. Activities are not cancelled due to cold weather, hot weather, light rain or light winds.
PEAK ADVENTURE ACTIVITY INDEMNITY
The participant acknowledges s/he has read and agrees to the terms and conditions of service set out herein prior to registering as a participant in the activity.
1. Waiver for Participation in Recreational Activities supplied by Peak Adventure PTY LTD ("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.
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 activity or the management of the land or water on which the activity 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 Fair Trading Act 1999 (Vic)
Under the provisions of the Fair Trading Act 1999, several conditions are implied into contracts for the supply of certain goods and services. These conditions mean that the supplier named on this form is required to ensure that the recreational services it supplies to you are:
(a) Rendered with due care and skill;
(b) As fit for the purpose for which they are commonly bought as it is reasonable to expect in the circumstances;
(c) Reasonably fit for any particular purpose or might reasonably be expected to achieve any result you have made known to the supplier.
Under s 32N of the Fair Trading Act 1999, the supplier is entitled to ask you to agree that these conditions do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Fair Trading Act 1999 if you are killed or injured because the services were not rendered with due care and skill or they were not reasonably fit for their purpose, 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” is defined in the Fair Trading (Recreational Services) Regulations 2004.
2. The participant agrees:
2.1. to the terms and conditions contained in this form in consideration of and as a condition of acceptance of the participant's entry in this event, for himself or herself, his or her heirs, executors and administrators.
2.2. to comply with the activity 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 supplier.
3. The participant acknowledges:
3.1. he or she has disclosed all information requested in the supplier's application form and warrants that he or she possesses all qualifications as stipulated by the supplier for the activity;
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 activity and related activities;
3.3. he or she has received advice that it is highly recommended that he or she obtain personal accident insurance and an ambulance subscription to cover any accident or injury or other risk incurred during participation in the event;
4. The participant warrants he or she is physically fit to compete safely in the event, and the participant has not received medical advice to the contrary.
5. The participant hereby irrevocably consents to receive medical treatment that may be considered by the supplier advisable or necessary in the event of injury, accident and/or illness during the event.
PEAK ADVENTURE EQUIPMENT HIRE TERMS
100% payment is required upon booking.
Cancellations of casual hire: A refund of the full amount paid will be issued for cancellations made more than 24 hours before the booking, minus a $20 admin fee. A credit equivalent to the full amount paid. minus a $20 admin fee, will be issued for cancellations made less than 24 hours before the booking.
Cancellations of event hire: A refund equivalent to the full amount paid will be issued for cancellations made more than two weeks before the event hire date, minus a $20 administration fee. A refund equivalent to the full amount paid will be issued for cancellations made less than two weeks before the event hire date, minus a $20 admin fee, if the equipment can be re-hired. If the equipment cannot be re-hired, a credit valid for 6 months, equivalent to the full amount paid, minus a $20 admin fee, will be issued. Credits or refunds cannot be issued for cancellations made less than 24 hours before the event hire date.
The hirer acknowledges that all equipment hired from Peak Adventure is used at their own risk. By hiring equipment from Peak Adventure, you accept that no condition, warranty or representation of safety, suitability or fitness is expressed or implied by Peak Adventure.
The Hirer accepts that ocean, whitewater and flatwater kayaking have inherent and other risks, and that personal injury and property damage are common and ordinary consequences of such activities.
Before hiring, the Hirer, must inspect all goods that are being hired. Accepting and taking possession of hire goods constitutes acknowledgment by the Hirer that all goods hired are in good working order and free from defect at the time of hiring and have been adjusted to the Hirer’s requirements.
This agreement is with the Hirer only and cannot be assigned to any other person. Under no circumstance can the hired equipment be transferred, lent or sub-hired to anyone else.
Subject to any non-excludable statutory provision, I, the Hirer, will not hold Peak Adventure liable for injury or death, whether due to accident, breakdown, defect, negligence or from any other cause whatsoever, and to the fullest extent permitted by law, I accept that all conditions, warranties and representations to the contrary are excluded.
The hirer will be responsible for any damage or loss however caused (other than normal wear and tear) to the equipment and agrees to be charged the full replacement or repair value.
The hirer shall not remove, deface or cover up, or cause to be removed defaced or covered up, any identifying marks of ownership on the equipment.
The hirer indemnifies and keeps indemnified Peak Adventure, its servants, agents and assigns from and against all claims, losses, expenses and damages whatsoever arising from the hire or use of the equipment, including, but without limiting the generality of the foregoing, all damage or injury to any person or property whatsoever.
The hirer will return all hired equipment on the last day of the hiring period and will be responsible for its good order and condition. If the hiring period is exceeded, daily hire rates will be charged.
No refund or part thereof will be given for equipment returned early.
I have read, understand and agree to all of the above conditions. I am over 18 years of age.