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The Adventurers Terms and Conditions of Participation
1. Fundraising
I understand that the Adventurers require me to undertake fundraising activities for and on behalf of The Pirate Ship Foundation Limited. I acknowledge and agree that eligibility to take part in the Adventure is contingent upon me raising the minimum amount in donations, as outlined in the Adventure Brief. In relation to any fundraising activities that I conduct in relation to the Adventure (Fundraising Activities), I undertake that I will:
(a) Obtain prior written approval for any by completing a Fundraising Registration form;
(b) Comply with all directions given in conducting a Fundraising Activity(ies) and with any fundraising policy adopted from time to time; and
(c) Comply with all laws in conducting fundraising activities and obtain any permits and authorisations that may be required. All publicity in relation to the Fundraising Activity should clearly state that the activity is being organised by the Participant and that The Adventurers is the beneficiary of the fundraising. The Participant must not represent themselves as having an agency relationship with The Adventurers. The Participant may not incur any expense in the name of The Adventurers in connection with the Fundraising Activity or otherwise. It is the Participant's responsibility to ensure that they have in place any insurance that is reasonably necessary or appropriate for any fundraising event that involves the general community or individual members of the public.
2. Cost
I acknowledge and agree that I am responsible for all costs of my adventure, including but not limited to the organisation of my travel, payment of my travel expenses, including the cost of passports, taxes, visas and personal travel insurance.
I understand that The Pirate Ship Foundation is not liable for and will not pay:
(a) Travel expenses that I incur;
(b) Medical or evacuation expenses that I incur; or
(c) Any other costs
3. Insurance
I acknowledge and agree that it is a condition of my participation in the Adventure that I am adequately insured for the full duration of the Adventure in respect of illness, injury, death, loss of baggage and personal items and cancellation and curtailment. I will ensure that my personal travel insurance covers all of the activities contemplated by the Adventure or in which I otherwise reasonably expect to participate. I understand that it is my responsibility to arrange this insurance.
4. Passports and Visas
I acknowledge that it is my responsibility to ensure that I have valid passports, visas, re-entry permits and all other travel documents. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements will be the sole my responsibility.
5. Medical Disclosure
I declare and warrant that I am in good health and mental and physical fitness at the time of signing these Terms and Conditions, and in any event of such level of fitness as is reasonably required for the purposes of the Adventure. I will disclose to The Adventurers every matter concerning my health and medical and physical fitness of which I am aware or ought reasonably be expected to know, that is relevant to The Adventurers' decision to permit me to participate in the Adventure. Immediately upon any adverse change in my health or fitness that would be reasonably likely to affect The Adventurers' decision to permit me to participate in the Adventure, I will notify The Adventurers. I acknowledge that the obligation to disclose under this condition continues from the time of signing these Terms beyond my departure on the Adventure and for the duration of the adventure. If I fail to comply with the duty of disclosure in this condition and if The Adventurers would not have permitted me to undertake or continue the Adventure had I made full disclosure under this condition, The Adventurers will not be liable, except to the minimum extent required by law, for personal injury, death or property damage or loss that I incur or cause. I acknowledge that it is my responsibility to be aware of any health requirements for my travel and to ensure that I carry all necessary vaccination documentation.
6. Acknowledgment of Risk
I am aware that the Adventure requires me to travel to the destination(s) associated with the Adventure as mentioned on The Adventurers Website and participate in all activities associated with the Adventure as described on The Adventurers website. I acknowledge that:
(a) There are dangers and risks inherent in travelling , including but not limited to the risk of political acknowledge instability, remoteness from normal medical services and communications and evacuation difficulties in the event of illness or injury;
(b) Standards of accommodation, transport, health care, hygiene, safety and service provision may be varied and I may therefore be at higher risk of illness, injury or death; and
(c) By their very nature, holidays involving the activities associated with the Adventure are more challenging and demanding with a commensurately higher level of risk compared with conventional holidays and involves potential exposure to injury and possibly death. I that I am voluntarily participating in the Adventure, having given due consideration to the above and other risks and relevant travel information or advice issued by the government of Australia, available by contacting the Department of Foreign Affairs and Trade or visiting their website at http://smartraveller.gov.au.
(d) I have undertaken my own research and I accept the inherent and increased dangers and risks associated with my participation in the Adventure and the accompanying risk of injury, illness, death or property damage or loss.
7. Disclaimer
I am aware that third party providers will arrange some or all of the components of the Adventure. I acknowledge that to the fullest extent permitted by law, The Adventurers accepts no liability whatsoever for the acts or omissions of persons who provide services pursuant to those arrangements. I accept that The Adventurers will not be liable for any act, omission or breach of any law by any person (including but not limited to other participants, employees, representatives and agents) with whom I travel on the Adventure.
I agree that I may not rely on any representations concerning the Adventure made by The Adventurers which are not contained in these Terms and, to the maximum extent permitted by law, will not assert such reliance.
8. Third Party Providers
I accept that I may be required to enter into a contractual arrangement with a third party provider in respect of some or all parts of the Adventure. I acknowledge that, as between myself and The Adventurers, these Terms and Conditions apply and take precedence over any contractual arrangements that I enter into with a third party provider and that I will ensure compliance with these policies.
9. Waiver and Release from Liability
To the fullest extent permitted by law, I release, waive, discharge, hold harmless and agree to indemnify The Pirate Ship Foundation and its officers, employees, agents, volunteers and representatives from all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services, loss of profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during my participation in the Adventure and/or any activities conducted in conjunction with the Adventure (including Fundraising Activities), unless caused by the gross negligence or a wilful failure or default of The Pirate Ship Foundation.
10. Cancellation
I acknowledge and accept that The Pirate Ship Foundation reserve the right to cancel the Adventure at any time. Regardless of cancellation, all funds raised as a result of fundraising activities in connection with the Adventure must be remitted to and may be retained by The Pirate Ship Foundation. If you wish to cancel your trip, you must notify us immediately in writing. Cancellation is only effective when we receive your written cancellation notification. It is your responsibility to communicate with third party service providers regarding the refund of any deposits etc made in relation to your Adventure as per their terms and conditions.
11. Permission to use Images and Footage
I acknowledge that photographs and/or video footage of me may be taken by or on behalf of The Pirate Ship Foundation during the Adventure and I consent to being so photographed and/or filmed. I consent to The Pirate Ship Foundation using, copying, reproducing or publishing such images or footage on its website and in any form of media, advertising, documentary, promotional material or merchandise of any kind, without compensation to me, and without obtaining additional approval from me.
12. Licence to use stories and testimonials
I grant The Pirate Ship Foundation an irrevocable, perpetual and world-wide licence to use, copy, reproduce or publish personal stories or testimony written by me about the Adventure in any form of media, advertising, documentary, promotional material or merchandise of any kind, without compensation to me, and without obtaining additional approval from me.
13. Privacy
I understand that The Pirate Ship Foundation may collect personal information about me for the purpose of promoting future Adventures, events and campaigns. The Adventurers will comply with the Privacy Act 1988 (Cth) in relation to the collection, use, storage and disclosure of my personal information. I consent to The Pirate Ship Foundation:
(a) Disclosing my personal information to employees, volunteers, agents and contractors of The Pirate Ship Foundation for the purpose of arranging and facilitating the adventure; and
(b) Using my personal information to send me further information about the work of The Pirate Ship Foundation and their fundraising activities.
14. Governing Law
This agreement is governed by and must be construed according to the law applying in Western Australia.
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