Release of Liability, Waiver of Claims, Express Assumption of Risk and Indemnity
This sites gatherings (“Events”) include but are not limited to activities organised through the Trail Hiking Australia web site. These Events include but are not limited to hiking and other outdoor adventure activities. This document refers to all participants (“Attendees”) of Events, be they members or not, adults or children. Whether or not an Attendee is a Trail Hiking Australia member or has submitted an RSVP for a particular Event, by attending any of the Events all Attendees hereby affirm, acknowledge and agree to the Trail Hiking Australia terms of service and the following.
Attendees understand that the organisers, leaders, volunteers and members of the Trail Hiking Australia site are not experts and do not hold themselves out as an expert. Attendees understand that during their participation in any Events they may be exposed to a variety of hazards and risks, foreseen or unforeseen, which are inherent in each Event and cannot be eliminated without destroying the unique character of the Event. These inherent risks include, but are not limited to, property loss or damage, getting personally lost, trapped or separated from the group, and the dangers of serious personal injury and death (“Injuries and Damages”) from exposure to the hazards of our activities. Attendees know that Injuries and Damages can occur by natural causes, equipment failure or activities of other persons, animals, insects, plants, our surroundings, group members, Event leaders, organisers and assistants or third parties, either as a result of negligence or because of other reasons.
Attendees understand that risks of such Injuries and Damages are involved in outdoor activities such as Trail Hiking Australia Events and appreciate that they may have to exercise extra care for their own person and for others around them in the face of such hazards. They further understand that on any Event there may not be rescue or medical facilities or expertise necessary to deal with the Injuries and damages to which they may be exposed.
Attendees understand that the organisers and leaders do not encourage or advocate car-pooling and appreciate that they may be exposed to a variety of hazards and risks, foreseen or unforeseen, which are inherent in car-pooling. Attendees understand that they may have to exercise extra care for their own person and for others around them when engaging in this activity.
Therefore in consideration for participating in Events, to the fullest extent allowed by law, Attendees agree to WAIVE, DISCHARGE CLAIMS, AND RELEASE FROM LIABILITY the organisers, leaders, volunteers and members of the Trail Hiking Australia site from any and all liability on account of, or in any way resulting from Injuries and Damages, even if caused by negligence, in any way connected with Trail Hiking Australia Events. Attendees further agree to HOLD HARMLESS the organisers, leaders, volunteers and members of Trail Hiking Australia from any claims, damages, injuries or losses caused by their own negligence while a participant on the Event. Attendees understand and intend that this assumption of risk and release is binding upon their heirs, executors, administrators and assigns, and includes any minors or pets accompanying them on the Events. All Attendees have read this document in its entirety and freely and voluntarily assume all risks of such Injuries and Damages and notwithstanding such risks, agree to participate in the Events they attend under these terms.