These Booking Terms and Conditions incorporate your booking form, our COVID-19 Policy and the Waiver of Liability and together are the Agreement between you and Embrace Escapes Pty Ltd, trading as Women Embrace Adventure (ABN 83620632215) whose registered office is 47 Kilaben Rd, Kilaben Bay, NSW Australia, 2283, mailing address P.O. Box 139, Toronto, NSW, 2283. By signing the waiver of liability or by electronically checking the box on your booking form that you have read and agree to our terms and conditions, you are signifying acceptance and willingness to enter into this Agreement on these terms.
In this Agreement, “Participant”, “you” or “your” means you and anyone else named on the booking and anyone who later replaces a person named on a booking; “we”, “our” or “WEA” means Embrace Escapes Pty Ltd, trading as Women Embrace Adventure.
WEA provides adventures as set out on at www.womenembraceadventure.com.au (our website).
Using our website
The information contained in our website is for your general information and use only. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind (express or implied) about the accuracy, completeness, timeliness, reliability, suitability or availability of the website or the information, adventures, products, services or related graphics contained in the website for any purpose. You acknowledge that such information and materials may contain inaccuracies or errors and your use of information is strictly at your own risk.
The intellectual property rights in all software, content and material on our website is owned by or licensed to us and are protected by copyright. This material includes, but is not limited to, the design, layout, look, appearance and graphics. You may store, print and display the content of our website solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the material or copies of the content appearing on this website. You must not use any material or content in connection with any business or commercial enterprise.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We accept no liability for the linked website(s). You may not create a link to this website from another website or document without our prior written consent. To the extent permissible by law, WEA, its owners, directors, guides, employees and agents exclude all liability for any loss or damage (including by not limited to loss of opportunity, loss of data, loss of profits) arising out of or in any way connected to your use of our website.
Bookings and Payment
Bookings can be made online through our website. Full payment (for half-and full-day adventures) or a deposit of $600 (for multi-day adventures) is required at the time of booking. Final payment for multi-day adventures is due 90 days prior to the date of departure. Payments may be made via PayPal or by direct deposit in Australian dollars only. By making a booking you agree to and accept our terms and conditions, including these Booking Terms and Conditions, our Covid-19 Policy, Cancelation Policy and the Waiver of Liability. Your booking is final once you receive an email confirmation, usually sent shortly after payment.
If you are booking on behalf of another Participant, we rely on your authority in making the booking as acting on behalf of the other person(s) listed on the booking, and you will bind all Participants on the booking to the Agreement. Each Participant must complete their own Waiver of Liability.
The minimum age to book in for all adventures is 18 years of age unless otherwise stated.
The price and inclusions are set out in the description of the adventure on the website. Prices include GST. You should read the adventure description carefully as any costs not mentioned are the sole responsibility of the Participant.
By making a booking, you acknowledge that we have relied on the information, including the completeness of the information, provided by you in the booking form, including in relation to health and medical status, fitness, general wellbeing, and personal circumstances and you confirm and warrant that the information you have provided is complete, true and correct.
We reserve the right to cancel a Participant’s booking if we reasonably consider that your participation is inadvisable for health, safety or wellbeing reasons.
If there is a change to any information you have previously provided to us, you must notify us immediately of that change.
Amendments and Cancellations
Half- or Full-Day Adventures:
Your booking is final and no refunds will be given. In some circumstances, we may accept a transfer to another female participant over the age of 18. Participants should contact us if they are unable to attend or wish to request a transfer a half- or full-day adventure. We reserve the right to refuse a transfer at our absolute discretion.
When you book with us at Women Embrace Adventure, we work hard to organise your adventure right from the start; we forward book and pay our third-party providers early to ensure everyone can have the best experience possible. The reason we have cancellation fees is the money you pay in deposit, holding fees and payments are used to pay other small tourism businesses and local guides. You book and we work hard to make sure you have a fantastic trip.
If a Participant wishes to cancel a multi-day booking for any reason (including illness, injury, bereavement, change of mind) cancellation fees will apply as follows:
· After booking-We reserve the right to charge any administration costs and any trip cost incurred by us prior to the time of cancellation
· Prior to 90 days before the trip departure, we reserve the right to charge any administration costs and any trip cost incurred by us prior to the time of cancellation
· Between 90-60 days before trip departure-75% Of the Adventure Cost plus any administration costs and any trip cost incurred by us prior to the time of cancellation
· Between 59-30 days before trip departure- 85% Of the Adventure Cost plus any administration costs and any trip cost incurred by us prior to the time of cancellation
· Within 30 days of the trip departure - 100% Of the Adventure Cost
· Once the trip has commenced, there will be no refunds granted.
It is required that you have a purchased comprehensive travel insurance policy at the time of booking.
The cancellation policy may vary on individual multi-day adventures due to location, length of trip etc. The terms will be clearly outlined within the booking page, registration and tickets.
Cancellation by us:
There are occasionally times when we need to amend or cancel an adventure, including with very little notice. There are a number of reasons this may occur, including weather, government restrictions, changes to the planned destination such as park closures, minimum numbers not met etc.
The safety of our Participants and guides is particularly important in this regard. We reserve the right to amend or cancel an adventure for any reason. You agree that we may make amendments to an adventure that we consider as not changing the general character of the adventure (such as varying some of the adventure to include lower-risk activities suitable to the conditions).
No refunds will be given for amendments to an adventure. If we cancel an adventure prior to its commencement, you will be offered the option of credit towards an alternative adventure or a credit towards a rescheduled date for the cancelled adventure or a refund minus an administration fee no greater than $200. If we reschedule an adventure you will be offered the option of credit towards a rescheduled date for the cancelled adventure. Where an adventure is cancelled/rescheduled by us, we will not be liable for any costs (including but not limited to transportation costs) associated with your planned participation in the adventure. Please see the section on travel insurance.
Our Covid-19 policy is available on our website. You acknowledge and agree to the terms of our Covid-19 policy.
Subject to the terms in this section, you may decide to become a WEA Member. Membership is voluntary and you do not need to be a WEA Member to participate in any of our adventures. Members are entitled to priority booking, 10% discount on all domestic adventures by way of a code to be entered when booking, member-only merchandise, and invitations to Member Only Adventures. WEA Membership is $199/year and may be purchased in the same manner as booking an adventure. International adventures VIP Discount will not exceed 5% and may vary depending on location and exchange rates. Purchase of Membership is final and there is no refund or transfer on memberships. Your Membership is active once your payment is confirmed and will auto-renew each 12 months. You will receive an email reminder of the auto-renew of your membership 4 weeks in advance of the auto-renewal. You may cancel your Membership at any time, including prior to an auto-renewal however there is no refund for any unused months.
To cancel your Membership please email email@example.com. Adventures purchased with membership discounts are not transferable. Discounts are available for future payments only and do not apply to any past bookings or past invoiced amounts or payments. Priority booking consists of early access to adventures prior to release to the general public, usually notified via email. WEA does not guarantee access or availability to any adventures as all adventures are on a first-in booking basis. We reserve the right to alter the pricing, products, and benefits available for WEA Membership at any time. We reserve the right to refuse any application for membership at our discretion.
Acceptance of Risk and Indemnity
You acknowledge that our adventures involve physical activity in unpredictable outdoor environments. You acknowledge that participation in an adventure is a potentially dangerous activity, and you agree that you will participate in any activity voluntarily and absolutely at your own risk and with your own full appreciation of the nature and extent of the risks involved.
You agree, to the fullest extent permitted by law, to release and hold harmless WEA, its owners, directors, guides, employees, agents and third-party partners from all liability arising out of or in any way connected with any loss, damage, injury, illness or death to you or your property or to any other person or property that arises out of or is in any way connected with your participation in an adventure and whether such loss, damage, injury, illness or death was caused by a negligent or other tortious act or omission, breach of contract or other act or omission on the part of WEA.
You agree to indemnify and keep indemnified and hold harmless WEA, its owners, directors, guides, employees, agents and third-party partners from and against all claims, proceedings and demands and also all liabilities, costs, expenses, losses and damages (including any legal costs and expenses) incurred or suffered by any person arising out of or in any way connected either directly or indirectly to:
your use of our website;
your participation in an adventure; or
your breach of this Agreement.
Our waiver of liability is attached to this Agreement. It forms part of the Agreement between you and us and is a legally enforceable contract. It is a condition of all adventures that Participants sign a waiver of liability. We strongly recommend you read and understand the waiver of liability before you make a booking. Failure to sign the waiver of liability may result in you being unable to participate in the adventure. If this occurs, notwithstanding any other provision of these terms, we will not be liable for any costs you may have incurred (including the cost of the adventure).
Depending on the activities in your adventure, you may also be required to sign a waiver for one of our third-party partners. Failure to sign a third-party partner waiver may result in you being unable to participate in the adventure. If this occurs, notwithstanding any other provision of these terms, we will not be liable for any costs you may have incurred (including the cost of the adventure).
Limitation of Liability
Other than as required by law, we provide no warranty or guarantee of any kind, implied or otherwise.
Notwithstanding anything else in this Agreement and to the extent permitted by law, our liability for any loss, damage, injury, illness or death to you or your property or to any other person or property that arises out of or is in any way connected with your participation in an adventure and howsoever caused is limited, at WEA’s option, to the resupply of services that are the same or similar in nature to the adventure from which the liability arose, or the refund of the booking cost for the adventure from which the liability arose.
You are responsible for ensuring that you have appropriate levels of insurance for the adventure you are booking. Australian residents should note that domestic travel insurance does not provide financial reimbursement for ambulance or air ambulance services. We recommend Participants ensure adequate coverage via their health insurance provider.
Participants in multi-day adventures must take out travel insurance at their own expense. Acquiring travel insurance is the sole responsibility of the Participant. Travel insurance providers' policies do vary, and we strongly recommend you check with your individual insurer for coverage that suits your individual needs, including in relation to evacuation and COVID-19 cancellation (among other things).
WEA is committed to your privacy. We receive your personal information when you make a booking, or if your booking is made by another Participant, when you provide us with this information via email or in-person prior to your participation in an adventure, or when you provide personal information to us in another way. We use this information for any purpose associated with providing an adventure. We may periodically send you promotional emails about new products, special offers or other information which we think you may find interesting.
You may notify us via email or by unsubscribing if you do not wish to receive promotional emails. You may ask us to correct any of your personal information by contacting us at firstname.lastname@example.org .
Your information is held in the cloud on a secure server using encryption technology. We use Wix to manage our adventure registrations and mailing lists. We disclose your information to our guides and employees. We will not knowingly share any of your personal information with any third party other than our third-party partners who assist us in providing adventures.
Some of our third-party partners are overseas and may not be subject to Australian privacy laws. Please contact us if this is of concern to you.
Unless you advise us otherwise by notifying us prior to an adventure or by advising your guide at the start of an adventure, you consent to photographs and videos being taken of you while participating in an adventure. You agree that we will own these photographs and video and you give us your permission to use this material, including for promotional purposes, without any compensation to you or further permission from you. If you provide photos and video content to us as part of a contribution for an article or social media post, you agree to grant us a perpetual, free and unlimited license to use any images or materials in any manner we see fit to do so.
Complaints and Disputes
If you have any concerns about your participation in an adventure, you should raise these with us prior to booking or with your guide if the adventure has commenced. If you have any feedback on your booking process or an adventure, please email us.
This Agreement is governed by the laws of New South Wales and the parties submit to the exclusive jurisdiction of the courts of that state.
We may vary these terms at any time for future adventures. No change to these terms for bookings once made will be valid unless in writing and agreed between you and WEA.
If any part of this Agreement is found to be void or unenforceable, it will be severed from the Agreement and the validity or enforceability of the remainder of the Agreement will not be affected.
These Booking Terms and Conditions, together with your booking form, our Covid-19 Policy and the Waiver of Liability, constitute the entire agreement between you and WEA and supersede all prior agreements, understandings and representations about its subject matter.
Waiver of Liability
This Waiver of Liability is a contract made between me and Embrace Escapes Pty Ltd, trading as Women Embrace Adventure (ABN 83620632215) whose registered office is 47 Kilaben Rd, Kilaben Bay, NSW Australia, 2283, mailing address P.O. Box 139, Toronto, NSW, 2283.
In consideration of my participation in the Adventure provided by Embrace Escapes Pty Ltd, trading as Women Embrace Adventure, its owners, directors, guides, employees, agents, third-party partners and any other persons or entities acting in any capacity on their behalf (together referred to as “WEA”), I agree to release, indemnify and hold harmless WEA in accordance with the terms of this Waiver of Liability.
In entering this Waiver of Liability, I acknowledge that have been given the opportunity to consider its terms. I understand that I am not able to participate in the Adventure unless I sign this Waiver of Liability. I understand that this document is a legally binding and enforceable contract and that it releases WEA from liability, including for negligence.
I understand that the Adventure involved inherent risks including:
takes place in the outdoors including on unstable ground, stairs, on or around waterways, cliffs, rock formations, and/or on beaches;
involves exposure to the natural environment including unpredictable weather, risk of fire, flood or other weather event;
may take place in remote locations where access to medical care or treatment facilities, evacuation and search services is limited and may be hours away;
requires physical exertion and my participation may test my physical and mental limits; and
carries inherent risks, including the risk of death, serious injury and illness and that these risks cannot be eliminated.
Although there are significant risks associated with my participation in the Adventure, I agree to participate in the Adventure at my own risk.
WAIVER OF MY STATUTORY RIGHTS
To the extent permissible at law, I agree that my rights (including my statutory rights that would otherwise exist) to sue or otherwise claim against WEA in relation to the recreational services provided, for:
physical or mental injury (including the aggravation, acceleration or recurrence of an injury); or
the contraction, aggravation or acceleration of a disease; or
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:
that is or may be harmful or disadvantageous to me or community; or
that may result in harm or disadvantage to me or the community;
If the exclusion above is determined to be unenforceable, I agree that the liability of WEA for breach of any statutory guarantees or warranties is limited, at WEA’s option, to the resupply of the recreational services that are the same or similar in nature to the Adventure, or the payment of the booking cost for the Adventure.
GENERAL RELEASE AND INDEMNITY
I agree, to the fullest extent permitted by law, to release and hold harmless WEA from all liability arising out of or in any way connected with any loss, damage, injury, illness or death to me or my property or to any other person or property that arises out of or is in any way connected with my participation in an adventure and whether such loss, damage, injury, illness or death was caused by a negligent or other tortious act or omission, breach of contract or other act or omission on the part of WEA.
I agree to indemnify and keep indemnified and hold harmless WEA from and against all claims, proceedings and demands and also all liabilities, costs, expenses, losses and damages (including any legal costs and expenses) incurred or suffered by any person arising out of or in any way connected either directly or indirectly to my participation in the Adventure or my breach of the Agreement, including any such claims that allege negligence on the part of WEA.
I acknowledge that I have provided information about my physical and medical well being and have been provided the opportunity to advise Women Embrace Adventure about any other matter that may be relevant to my participation in an adventure. I acknowledge that Women Embrace Adventure has and will rely on the information, including the completeness of the information, provided by me, including in relation to health and medical status, fitness, general wellbeing, and personal circumstances and I confirm and warrant that the information I have provided is complete, true and correct. I confirm I have provided WEA details of my emergency contact.
I agree that I have adequate insurance to cover any injury or loss that I may cause or suffer while participating in an adventure. Even if I am not adequately insured, I agree to solely bear the cost of such injury or loss.
I agree to follow instructions or directions of WEA made in connection with the Adventure.
I agree to photographs and video being taken of me while participating in the Adventure. I agree that WEA will own these photographs and video and I give WEA my permission to use this material, including for promotional purposes, without any compensation to me or further permission from me.
This Waiver of Liability, together with my booking form, WEA’s Covid-19 Policy and WEA’s Booking Terms and Conditions (which I have had the opportunity to read and understand prior to booking) contain the entire agreement between WEA and me. If any part of the Agreement is found to be void or unenforceable, it will be severed from the Agreement and the validity or enforceability of the remainder of the Agreement will not be affected.
This Waiver of Liability will be governed by and construed within the laws of New South Wales.
I understand by signing this Waiver of Liability I will be forever prevented from suing or otherwise claiming against WEA for any mental or physical injury (including death), illness or property loss that I may sustain or cause while preparing for or participating in the adventure.
I acknowledge that I have carefully read this Waiver of Liability and fully understand it. I enter into this Waiver of Liability willingly and voluntarily and I agree to be bound by its terms.
My Printed Name:
Signature of WEA Representative:
Name of WEA Representative :