Please read carefully these terms and conditions of contract prior to signing up to participate in an activity under the Active Outdoor Kids (AOK) Program (Program).

 

By completing and submitting the Sign up Form, you agree to be bound by these terms and conditions which constitute an agreement between Outdoors NSW & ACT Limited trading as Outdoors NSW & ACT, ABN 96 657 112 260 (we, us, our and other similar expressions), the relevant Third Party Operator and you. If you are under 18 years of age, you understand that a parent or carer must agree to these terms and conditions on your behalf.

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No variation of these conditions will be effective unless in writing and signed by a person authorised by Outdoors NSW & ACT.

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1. Definitions

 

In these terms and conditions, the following definitions apply:

1. Claim means any claim, demand or proceedings made or commenced in any jurisdiction for compensation for loss of any kind or for any other remedy and founded on any cause of action, including but not limited to breach of contract, negligence or other tort or breach of statutory duty or warranty and includes any claim for legal costs and disbursements.

2. Links refers to hyperlinks and pointers to sites operated by third parties.

3. Privacy Policy means the Privacy Policy of Outdoors NSW & ACT as set out at here.

4. Released Parties means Outdoors NSW & ACT and its affiliates and their respective directors, officers, employees, agents, contractors, insurers, spectators, equipment suppliers, and volunteers;  all Third Party Operators and Program sponsors, organizers, promoters, directors, officials, property owners, and advertisers; governmental bodies and/or municipal agencies whose property and/or personnel are used; and any or all parent, subsidiary or affiliate companies, licensees, officers, directors, partners, board members, supervisors, insurers, agents, equipment suppliers, and representatives of any of the foregoing including but not limited to Outdoors NSW & ACT. 

5. Site refers to the website located at here.

6. Third Party Operators means businesses and their staff who are operating independently of Outdoors NSW & ACT, and bound by the conditions in their Operator Agreement. 

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2. Program Funding

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This Program is funded by the Bushfire Community Recovery and Resilience Fund, which is a joint Commonwealth-State Disaster Recovery Funding Arrangement.

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The Program is administered by Outdoors NSW & ACT, and delivered by Third Party Operators in the affected communities.

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The Program is offered free of charge to young people aged 7-17 in the locations listed here. No payment will be requested by any Third Party Operator without the explicit approval and endorsement by Outdoors NSW & ACT. This would be outlined in any program material prior to signing on to the Program.

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3. Cancellations/missed session

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Please advise the Third Party Operator via email if you or your child will not be able to attend a session.

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4. Health, Fitness & Medical Conditions

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Please enquire with the Third Party Operator prior to booking an activity if you are unsure of your fitness or current ability to participate in the Program. All activities under the Program require varying  degrees of physical health and fitness, which will be outlined by the Third Party Operator.

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Outdoors NSW & ACT on behalf of the Third Party Operator will request medical information between 1-10 days prior to your participation in an activity under the Program. You will be required to submit the Medical and Consent Form located here. It is vitally important that you answer truthfully so we can administer the appropriate treatment in the event of an accident or emergency. You certify that the medical information supplied by you on the Medical and Consent Form for the Program is true and correct and consent to, and authorise us to provide that information to any medical practitioner, ambulance officer or any person involved or associated with any medical treatment or assistance that may be required by you as a result of your participation in the Program, regardless of whether medical treatment is actually required or given.

 

5. Program cancellation or postponement

 

If the Third Party Operator is not able to deliver a session due to circumstances beyond their control, they will provide 24 hours written notice to all participants.

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Outdoors NSW & ACT or Third Party Operators (Affected Party) reserve the right to cancel a Program in whole or in part if deemed necessary due to a ‘force majeure’ event. This refers to any event beyond the control of the Affected Party, and to which the Affected Party did not contribute. It includes but is not limited to; a civil commotion, natural disaster or force of nature, act of God or the public enemy, or governmental restraint or restriction, which renders the Affected Party unable to carry out the original trip itinerary in whole or in part, and which cannot be overcome by the exercise of reasonable care, proper precautions and the consideration of reasonable alternatives.

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6. Program exclusion

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Outdoors NSW & ACT and the Third Party Operators and their staff take their responsibilities seriously and may, at their option, cancel your participation in any activity under the Program if for any reason an activity leader believes, in their absolute discretion, that you should not participate in that activity, including if:

1. you breach these terms and conditions;

2. you participate in the activity or the Program without permission;

3. you behave in a way that is inappropriate or offensive or commit an illegal act; or

4. in the opinion of the activity leader, you behave in a way  that causes or is likely to cause danger, distress or annoyance to others,

and you must follow the activity leader’s instructions if directed not to continue in the Program.

 

Outdoors NSW & ACT reserves the right to change, at any time, the Third Party Operators of an activity under the Program. If that happens,

 

Outdoors NSW & ACT will use its best endeavours to ensure that the alternative operator has expertise commensurate with that of the original operator/s.

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7. Published programs

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The activities available under the Program and other details are published in good faith as statements of intention only and reasonable changes in the schedule and related items may be made where deemed necessary or advisable by Outdoors NSW & ACT or Third Party Operators.

We do not sponsor, endorse, adopt, confirm, guarantee or approve the content or representations made by Third Party Operators and any other affiliates. This is despite us including Third Party Operators and any other affiliates in advertising or providing Links on our Site from time to time. These Links do not form part of our Site and we are not responsible for the information, advertising, products, resources or other material, of any Links on the Site and in no event will we be liable, directly or indirectly, to anyone for any damage or loss arising from or occasioned by the creation, use or reliance, on the Links or the information, advertising, products, resources or material accessed through these Links.

You acknowledge that if you enter a third-party website via one of these Links you leave the Site and do so entirely at your own risk.

If you contact a third-party using functionality provided on our Site, including via e-mail, we accept no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.

We reserve the right to terminate any link or linking program at any time.

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8. Complaints

 

If during the course of an activity under the Program you have a problem, please bring this to the immediate attention of the activity leader or Third Party Operator (eg. Transport provider, food supplier). If your complaint is not resolved to your satisfaction, please contact Outdoors NSW & ACT by email or phone and we will endeavour to assist you.

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If your complaint relates to a child protection issue please see here for the reporting process.

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9. Client Responsibilities

 

You acknowledge that you will be participating in one or more activities under the Program at your own risk and:

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1. you acknowledge there are inherent risks involved in participating in any of the activities under the Program, and acknowledge that that there is a risk of physical or mental injury to you and others (including the aggravation, acceleration or recurrence of such an injury), death, and damage to property including, without limitation, any property in your control or possession. These risks include, but are not limited to, overexertion, heart attack, dehydration, accidents, falls, remoteness from assistance or medical aid, actions of participants, spectators, organiser's personnel, supporting agencies, weather conditions, sleeplessness, hypothermia and heat exhaustion, condition or suitability of your clothing, footwear or equipment;

2. you acknowledge that you, and you alone, are solely responsible for your personal health and safety;

3. you attest that you are physically capable of completing each respective element of each activity that you participate in under the Program;

4. if you are under treatment for any physical infirmity, disorder, ailment, or illness, your medical care provider has been appraised and has approved of, your participation in the activities under the Program;

5. you consent to receive medical treatment which may be advisable in the event of illness or injuries by you during your participation in the activities under the Program, and you agree to pay the costs of any such medical treatment;

6. you acknowledge that you are responsible for any travel and medical insurance and for payment and/or reimbursement of medical or surgical expenses incurred by you as a result of your participation in the activities under the Program;

7. you acknowledge that you have sole responsibility for your personal possessions before, during and after each activity during the Program;

8. you accept that your participation in the activities under the Program is subject to the sole discretion of us and the relevant Third Party Operator, and that your participation may be limited or terminated, and that we reserve the right to cancel or vary the Program, for safety or any other reason; and

9. you agree to follow the instructions provided by us, the Third Party Operators and the activity leaders and use the safety equipment provided at all times.

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10. Liabilities

 

To the extent permitted by law, you release each of the Released Persons from all or any Claims that you have or may have had but for this release arising out of or connected with your participation in any activities under the Program, except in cases where our conduct or the conduct of other Released Parties is negligent or reckless.

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Without limiting the above, to the maximum extent permitted by law, you release the Released Parties from all liability for: any consequential loss; and any economic loss, suffered or incurred by you or any other person arising out of or in connection with your participation in any activities under the Program.

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Without limiting the above, to the maximum extent permitted by law, unless expressly provided in these terms and conditions, all implied terms, conditions, warranties and any other additional obligations are excluded from these terms and conditions.  If any legislation implies into these terms and conditions any term, condition, warranty or additional obligation that cannot be lawfully excluded (Non-Excludable Guarantee), then that term, condition, warranty or additional obligation will be included in these terms and conditions only to the extent required by the relevant legislation, but each party’s liability in respect of any breach of that term, condition, warranty or additional obligation will be limited to the maximum extent (if any) permitted by that legislation.

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Where we are bound by a Non-Excludable Guarantee, but are permitted to limit our liability under that Non-Excludable Guarantee, then to the extent permitted by law, our sole liability for breach of contract, breach of statutory duty, breach of a condition, warranty, guarantee, negligence, or other tort or other obligation implied by law is limited to any one of the following as we decide:

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1. in the case of goods, the repair or replacement of the goods or the supply of equivalent goods (or a refund of the amount paid for the goods); and

2. in the case of services, the supplying of the services again (or a refund of the amount paid for the service).

 

11. Australian Consumer Law

 

You agree that each activity under the Program constitutes a recreational service within the meaning of section 139A of the Competition and Consumer Act 2010 (Cth) as each activity under the Program is:

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1. a sporting event or similar leisure time pursuit; and/or

2. other activity that involves a significant degree of physical exertion or physical risk and is undertaken for the purpose of recreation, enjoyment or leisure.

 

The Competition and Consumer Act 2010 (Cth) implies certain Non-Excludable Guarantees into contracts for the supply of certain goods and services, for example, that goods or services will be rendered with due care and skill, that goods or services supplied will be reasonably fit for purpose and that goods or services will be delivered in a timely manner.

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Under section 139A of the Competition and Consumer Act 2010 (Cth), we are entitled to ask you to agree (and you hereby agree) that these Non-Excludable Guarantees relating to the supply of services do not apply to you and that you (including your executors, administrators, heirs, next of kin, successors and assigns) will take no course of action against us or any other Released Party if you are killed or mentally or physically injured because any one or more activity under the Program was not provided in accordance with the Non-Excludable Guarantees.  Note: these changes to your rights as set out in this clause, do not apply if your death or injury is due to gross negligence on our part. ‘Gross negligence’ in relation to an act or omission, means doing the act or failing to do any act with reckless disregard, with or without consciousness, for the consequences of the act or omission.

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12. Safety and Insurance

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In case of emergency (eg – serious injury, breathing difficulty, bushfire) you must call 000.

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If you have a non-urgent medical issue, please contact your Program leader first and they will assist.

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It is recommended that you have Ambulance Cover in case of emergency. We have public liability insurance to cover each activity under the Program. This does not include Personal Accident Insurance for you. It is recommended that you arrange your own Personal Accident Insurance cover before participating in any activities under the Program to cover any unforeseen personal costs you may incur.

 

13. Privacy

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You permit Outdoors NSW & ACT to collect personal information from you regarding your health and any medical conditions. You acknowledge that this personal information will be disclosed to Third Party Operators, activity leaders and representatives in order to ensure your safety and wellbeing but will not be used by them for any other purpose.

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We are bound by the Australian Privacy Principles in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy. Our Privacy Policy contains information about how you may access, update and seek correction of the personal information we hold about you and how you may complain about any potential breach by us of the Australian Privacy Principles or any other Australian privacy laws and how such complaints will be dealt with.

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By agreeing to these terms and conditions you consent to and certify that your name, image, voice or likeness may be used without charge by Outdoors NSW & ACT, Third Party Operators or government bodies for promotional purposes including but not limited to website, printed promotional items and promotional presentations, unless you notify us in writing that you do not wish to have your image to be used for these purposes. Please see our Privacy Policy for further information.

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14. General

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You must not assign, sublicense or otherwise deal in any other way with any of your rights under these terms and conditions.

If a provision of these terms and conditions is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

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Each party must at its own expense do everything reasonably necessary to give full effect to these terms and conditions and the events contemplated by it.

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These terms and conditions are governed by the laws of NSW and each party submits to the jurisdiction of the courts of NSW.

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Last updated: 25 February 2022

 

Last updated: 25 February 2022

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