ALPINE ACTIVITIES SAFETY & WAIVER AGREEMENT

Participation Agreement and Release of Liability (Tour Organiser)

Between: CHPBS Pty Ltd trading as Dolomites Active Tours [ABN: 68 626 060 848] (the “Company”)
And: The individual guest (the “Guest”)

BY SIGNING THIS DOCUMENT, YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE TOUR ORGANISER. READ CAREFULLY.

1. Parties and Application

References to “we”, “our”, “us” mean the Company.
References to “I”, “you”, “my” and “Participant” mean the Guest

In this document, “I”, “you”, “my” and “Participant” refer to the Guest participating in the Tour. Where the Participant is under 18 years of age, these terms refer to the Minor, and the signatory warrants they are the Parent or Legal Guardian with authority to bind the Minor to these terms.

The Company operates in a single capacity for the booked itinerary:

The Role of the Company: The Company acts as a “Tour Organiser”. While the Company curates and sells the “White Label Package” under the Dolomites Active Tours brand, the actual execution and operational control of all travel services (including but not limited to trekking/hiking, cycling/biking, via ferrata, equipment rental, transport, and accommodation) are provided by an independent Destination Management Company (DMC) and its sub-contractors (the “Service Providers”). You acknowledge that the Company does not own, manage, or control the mountain facilities, instructors, equipment or transport vehicles.
Direct Contract: The contract for the supply and operation of all travel services, including accommodation, transport, guiding, and activities, is between you (the Guest) and the Service Provider.
Obligation: The Company’s sole obligation is to exercise due care and skill in selecting the Service Provider, booking the White Label Package, and transmitting funds and information. The Company does not operate, manage, or staff any part of the tour.

All Guests must individually sign this Agreement. Where the Guest is under 18 years of age, a parent or guardian must sign on their behalf.

This Agreement is to be read in conjunction with the Dolomites Active Tours Booking Terms. In the event of any inconsistency between this Agreement and the Booking Terms regarding liability for physical injury during recreational activities, this Agreement shall prevail.

2. Group Bookings and Representations

Lead Guest Warranty: If you are the “Lead Guest” making a booking on behalf of other participants, you warrant that you are authorized to bind all persons in your party to these terms. You further warrant that you have provided a copy of this Safety & Waiver Agreement and the Risk Warning (pursuant to Section 5M of the Civil Liability Act 2002 (NSW)) to all participants prior to their financial commitment to the Tour.

Individual Requirement: Notwithstanding the Lead Guest’s warranty, every participant must individually sign a copy of this Agreement prior to participating in any activities. You acknowledge that refusal to sign will result in exclusion from the activity without a right to a refund, as set out in our Booking Terms.

3. Acknowledgement of Risk (Alpine Activities) & Liability Waiver

(Section 5M) Risk Warning

I acknowledge that my participation in the booked White Label Package and outdoor recreational activities provided by the Service Provider (such as hiking, mountain biking, via ferrata, river rafting and alpine trekking) is inherently dangerous. I am aware that accidents can and do occur, and by signing this Agreement I accept and undertake all such risks voluntarily and at my own risk. This constitutes a “risk warning” under Section 5M of the Civil Liability Act 2002 (NSW) and equivalent legislation.

There is often an element of the “luck of the prevailing conditions” when undertaking outdoor recreational activities over which the Company or any other representatives have no control.

I understand that alpine and outdoor recreational activities involve inherent risks, including but not limited to:

Participation in active, outdoor, and travel-based activities carries inherent risks, including but not limited to:
- Terrain Hazards: Slips, trips, and falls on uneven, steep, rocky, or rugged terrain; rockfalls; and unstable surfaces.
- Weather & Exposure: Rapid changes in weather (thunderstorms, lightning, high winds, fog); restricted visibility; and injuries from environmental exposure including heatstroke, dehydration, hypothermia, or severe sun exposure.
- Altitude & Health: Altitude sickness; physical overexertion; and heart or respiratory stress due to elevation.
- Wildlife & Insects: Encounters with livestock, guardian dogs, or wild animals. Stings or bites from insects and ticks, which may carry and spread diseases.
- Environmental Health: Illness resulting from the consumption of untreated mountain water or exposure to waterborne pathogens.
- Emergency Response: The inherent possibility that rescue and medical aid will be delayed or complicated due to the remoteness of the location or severe weather conditions.
- Third-Party Conduct: Injury or damage caused by the actions, errors, or negligence of other participants in the activity.

I acknowledge that these risks may result in injury, illness, property loss, or death, and that I voluntarily assume all such risks.

I acknowledge that hiking, cycling/biking, via ferrata, river rafting, and all associated alpine activities are “Dangerous Recreational Activities” involving significant risks of physical harm. I agree that the risks listed above are ‘obvious risks’ and I voluntarily assume the risk of physical harm arising from the materialization of any such risks.

I also understand that the trip may include free time and any activities that are not included in the organised itinerary are undertaken solely at my own risk. Even if the Company, its guides, or any other representatives recommended or helped me to book these activities.

4. Release of Liability and Non-Delegable Duty for White Label Package (Tour Organiser Role)

Tour Organiser Status: I acknowledge that the Company is a Tour Organiser and not a provider of physical recreational services.
Own Actions: I accept full responsibility for my own actions, conduct, and decisions during the entire White Label Package.
Release of Liability: I hereby release and hold harmless the Company, its directors, employees, agents, and representatives from any and all liability for injury, death, loss, or damage arising from the acts, omissions, negligence, or operational failures of the Service Provider or any sub-contractors utilised by the Service Provider.
Property: This release specifically includes, but is not limited to, any damage to, loss of, or theft of luggage, personal effects, or other personal property brought or used during the trip. I acknowledge that I am solely responsible for the safekeeping and care of my belongings.
Non-Delegable Duty: I agree that any “Non-Delegable Duty of Care” that the Company might owe me as the Tour Organiser is strictly limited to the selection and appointment of the Service Provider pursuant to the standards set out in the Booking Terms. I release the Company from any liability for the Service Provider’s failure to perform their duties with due care and skill.

5. Limitation of Company Liability

Recreational Services: Pursuant to Section 139A of the Competition and Consumer Act 2010 (Cth), the Company excludes all liability for death or personal injury arising from the supply of recreational services.
Statutory Guarantees: This release does not exclude, restrict, or modify any Consumer Guarantee under the Australian Consumer Law that cannot be legally excluded. However, the Company’s liability for a breach of such a guarantee is limited to either (a) the resupply of the services or (b) the cost of having the services supplied again.
Exclusion of Certain Conduct: This release does not apply to “Significant Personal Injury” caused by the reckless conduct or gross negligence of the Company’s own direct employees.

6. Scope of Package & Inclusions

Your White Label Package itinerary may include:

Sporting Activities: Guided or self-guided alpine activities including hiking, trekking, cycling, via ferrata and river rafting as specified in your itinerary.
Professional Services: Access to independent mountain guides, instructors, and technical support staff.
Logistics: Accommodation, airport transfers, and selected meals as specified in your itinerary.
Technical Provisions: Technical equipment hire (e.g., bikes, helmets, harnesses lanyards) required for your itinerary activities.

Items not specifically listed in the trip itinerary or the Booking Terms are not included.

7. Equipment & Safety

Equipment provided by the Service Provider or its sub-contractors remains my responsibility once issued.
I must inspect all equipment before use and notify the Service Provider’s staff or guides of any issues.
I agree to use recommended personal protective clothing and gear (e.g., helmets, goggles) as directed by the Service Provider’s staff and guides.

8. Conduct & Safety

I agree to follow safety procedures and instructions of the Service Provider’s guides and staff at all times.
The Service Provider may at its sole discretion exclude me from an activity if I act in a way that endangers myself or others. No refunds are available if I am excluded for health or safety reasons.
I acknowledge that the Service Provider’s guides may cancel or modify activities at their discretion for safety reasons, without refund.
I accept that my non-compliance may result in exclusion from activities without refund.

9. Health, Fitness, and Medical Authorization

Fitness Warranty & Disclosure:

I have reviewed the itinerary and the physical demands of the trip. I warrant that I am in good health and possess the physical fitness necessary for this itinerary (including high altitudes and cold environments).
I confirm that I meet the minimum age restrictions as specified for my trip.
I acknowledge that if I have any doubt regarding my fitness, or if I have a pre-existing condition (such as a heart or respiratory condition), it is my responsibility to consult a medical practitioner before participating.
I warrant that I have disclosed all relevant medical conditions or allergies in writing prior to signing this record.
I agree to re-confirm any critical medical information or allergies directly with Service Provider staff or guides prior to undertaking activities.

Disclosure & Truthfulness: I warrant that I will disclose all relevant medical conditions or allergies in writing during the booking process (and prior to signing this digital record). I understand that my disclosure is for emergency preparedness only; it does not mean the Company has “cleared” me to participate or will monitor my health. I remain solely responsible for my own well-being and the administration of my medications.

Responsibility for Independent Management:

I acknowledge that the Company and Service Providers are not medically qualified and do not provide medical monitoring.
I understand that my disclosure of a condition is for emergency preparedness only and does not shift the burden of monitoring my health to the Company.
I am solely responsible for managing my own health, including the possession and administration of all necessary medications (e.g., inhalers, EpiPens).
I will self-exclude from activities if I feel unwell and notify staff immediately.

Authority to Exclude & My Waiver of Refunds: I acknowledge the Service Provider may, at its sole discretion, exclude me from any activity if they believe I cannot safely navigate the terrain or conditions. If I am excluded or choose to withdraw for health or safety reasons, I accept that the Company is under no obligation to provide a refund or credit.

Consent to Emergency First Aid:

I consent to the Service Provider’s staff administering first aid if required and authorize the Company or Service Provider to seek emergency medical assistance at my expense.
I acknowledge that emergency assistance may be delayed in remote mountain areas.
I release the Company and Service Providers from liability arising out of such aid, acknowledging they are under no duty to provide specialized clinical care.

10. Allergies and Dietary Requirements

Self-Disclosure & Verification: I am solely responsible for disclosing all allergies and dietary requirements at the time of booking. I must also verify ingredients with the Service Provider’s staff at each meal.
No Guarantee of Safety: I acknowledge that in remote alpine environments, the Company and Service Providers cannot guarantee an allergen-free environment or prevent cross-contamination.
Emergency Medication: I am responsible for carrying and self-administering my own emergency medication (e.g., EpiPen).
Release of Liability: I release the Company from all liability for allergic reactions or the Service Provider’s failure to meet dietary needs. My recourse for such incidents lies solely with the Service Provider.

11. Photography & Media

I grant the Company the right to use photographs or video of me taken during the trip for promotional purposes without compensation.
I understand that photographs or video may be published on websites, social media platforms, and other promotional media.
I retain the right to have photos and videos removed from the Company website and promotional media. A written request must be sent to the Company.

12. Program Changes & Itinerary

I acknowledge that the Company or Service Provider may alter itineraries, substitute accommodations (of a similar standard), or cancel activities due to weather, safety, logistical, or other factors outside its control.
I accept that such changes do not entitle me to refunds or compensation except as expressly provided in this Agreement or required by law.
Any claim for refunds or compensation regarding the failure or change of the White Label Package must be directed to the Service Provider.The Company will only act as an intermediary to recover funds where the Service Provider has agreed to issue a refund to the Company.

13. Travel Responsibilities

I am responsible for obtaining and holding valid passports, visas, insurance, vaccinations, and any other travel documentation or requirement.
I acknowledge that delays or disruptions caused by missing documents (or requirements) are my sole responsibility.
If I miss the start of my trip (check your itinerary), I bear the organizational responsibility and costs for additional travel to rejoin the itinerary.

14. Insurance & Personal Property

Strong Advice: I acknowledge the Company’s strong advice that I hold comprehensive travel insurance. I am responsible for ensuring my policy covers medical treatment, trip cancellation, and emergency evacuation.
Alpine and Outdoor Recreational Activities: I understand that standard travel insurance often excludes activities such as via ferrata, cycling/biking, or high-altitude trekking; I am responsible for ensuring my policy specifically covers these activities and emergency mountain rescue.
Property & Luggage: The Company and Service Providers are not liable for the loss, theft, or damage of my luggage or equipment. I acknowledge that the safekeeping and insurance of my personal property is my sole responsibility.
Waiver of Recovery: If I travel without adequate insurance, I release the Company from any claim for losses that would have been covered by an adequate comprehensive policy.

15. Complaints

Any issues regarding the operation or delivery of the tour must be raised promptly with the Service Provider’s staff or guides during the trip.
The Company will endeavour to assist in the transmission of the complaint to the Service Provider in good faith, but the ultimate resolution rests with the Service Provider.

16. Privacy

The Company collects and processes personal data in accordance with its Privacy Policy and applicable data protection laws including adhering to the Australian Privacy Principles (APPs) under the Privacy Act 1988.

17. Governing Law

This Agreement is to be read in conjunction with the Dolomites Active Tours Booking Terms.In the event of any inconsistency between this Agreement and the Booking Terms regarding liability for physical injury during recreational activities, this Agreement shall prevail.

This Agreement is governed by the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales and any courts competent to hear appeals from those courts. You agree that any claim brought against the Company, regardless of where the incident occurred, must be commenced in a court within New South Wales.

We operate within the Australian Consumer Law, Competition and Consumer Act 2010 and NSW Fair Trading Act 1987.Registered Company Details: CHPBS Pty Ltd Trading as Dolomites Active Tours [ABN: 68 626 060 848], 120 Jonson Street, Byron Bay, NSW 2481, Australia.

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SELF-GUIDED APPENDIX A

Self-Guided Participation & Autonomy.

I acknowledge that I am participating in a Self-Guided Tour, and I expressly agree that:

No Supervision: The Tour Organiser does not provide a guide or on-ground supervision. I am solely responsible for my own navigation, pace, and safety decisions.
Independent Judgment: I am responsible for assessing daily conditions, weather forecasts, and my own (and my group’s) physical fitness and technical ability to complete the chosen route or activity.
Navigation: While the Tour Organiser provides routes/maps, these are for guidance only. I am responsible for maintaining my own orientation and understand that mountain conditions can change trail or route markers or visibility.
Emergency Management: I am responsible for carrying appropriate communication devices and for coordinating my own rescue or medical assistance if required.

CHILD SAFETY APPENDIX – APPENDIX B

Participation of Minors (Under 18 Years of Age) in Alpine Activities.

Acknowledgment of Alpine Risk: I acknowledge that high-altitude activities, including trekking, mountain biking, via ferrata and related alpine activities, involve significant inherent risks. I understand that these include, but are not limited to, falls from height, rockfall, rapid weather changes, and the physical strain of steep ascents.

Responsibility for Equipment & Technical Safety: I am solely responsible for ensuring the Minor is equipped with appropriate footwear, technical gear and equipment that is safe, in working condition and appropriately sized.

Environmental & Physical Management: I acknowledge that children are more susceptible to heat exhaustion, dehydration, and altitude sickness. I am solely responsible for monitoring the Minor’s hydration, sun exposure, and energy levels. I agree to conduct regular well-being checks to ensure the Minor is not suffering from over-exertion or environmental stress.

Technical Exclusion & Safety Authority: I acknowledge that the Service Provider and its guides reserve the right, at their sole professional discretion, to refuse or terminate the participation of any Minor in any technical activity, if they believe the Minor lacks the physical reach, strength, or technical coordination required for the route. I accept that no refunds are available if a Minor is excluded for these safety reasons.

Mechanical Limitations: I acknowledge that certain equipment (e.g., harness, bikes, helmets) may have minimum height, weight or size requirements. If the Minor falls below these manufacturer specifications, the Service Provider may exclude the Minor from specific activities for their own safety.

Parental / Guardian Acknowledgment and Assumption of Risk: I agree to INDEMNIFY AND HOLD HARMLESS the Tour Organiser against any claims, losses, or legal costs arising from the Minor’s participation, including any claims brought by the Minor upon reaching the age of majority.

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Please Note:

This is a reference document only. Each tour participant will be required to individually sign a Guest Participation Agreement and Release of Liability prior to participating in tours. Failure to sign the Agreement may result in the Guest being unable to join the activity, with no entitlement to a refund.

Any Guest under the age of 18 years old is considered a minor and must be accommpanied by a parent or guardian for the entire duration of the tour. The accompanying adult must accept and sign this Agreement on behalf of the minor.