MAGIC ADVENTURES – TERMS & CONDITIONS
By signing this, you are giving up certain rights. Please read carefully & clarify before accepting.
Risk & Insurance –
Magic Adventures (MA) employees are fully qualified and accredited in the field of Recreation and Leisure Market/Travel. Minimum first aid requirements is Senior first aid Certificate, escalating to Remote first aid to either Wilderness First aid responders. MA employees are nationally accredited Certificate IV Outdoor Recreation, in addition; Diploma qualified in Fitness. We are insured for $20,000,000 public & products liability and undergo induction process for new staff and ongoing training for permanent employees involving training in the companies Standard Operating Procedures and Risk Assessment Management strategies (RAMS) before undertaking any role in the field. Activities in this document refer to Trekking/walking, rock climbing, abseil, and fitness training suggestions.
Medical Clearance –
a. it is essential and is stipulated in MA SOPs that before partaking in any of MA outdoor adventure activities, that you have obtained a full medical clearance from your General Practitioner and disclosed all medical conditions to MA.
b. you must disclose to MA all medical conditions, medication, allergies, intolerances, injuries, food requirements that may affect your ability to undertake activities with MA
c. you agree that you are in good health and have the appropriate level of fitness for the activities that you choose to undertake with MA, we offer beginner to moderate activities, please understand you will forfeit any rights if it is deemed you made a wrong judgement on your capabilities, if you are unsure you must seek advice before encountering any activity. This is required for your safety and the groups.
d. MA Clients; individuals, school & corporate groups are required to complete all medical clearance & indemnity’s, and waivers in advance of partaking in outdoor activities. By accepting the terms & conditions within you agree to all MA terms & conditions on booking. All indemnities, medical screening surveys and waivers provided by MA will be sent separately after your booking is confirmed.
Acceptance of Risk –
a. MA operates in at times, hot, cold, harsh, unpredictable environments. Locations can be remote and activities offered are physically challenging and mentally demanding. As a client of MA by accepting the terms & conditions you are agreeing to accept the inherent risks and dangers associated with any of MA activities and the accompanying risk of injury, death or property loss and or damage.
b. You agree and understand the scope, nature and extent of the risks involved in the Activities. If at any point you do not understand, you must contact MA to seek clarification email@example.com. If you choose not to, you will forfeit any opportunity to hold MA liable for your lack care to seek further knowledge. You agree and further understand that you may be exposed to other risks that may not be foreseeable and unpredictable. You voluntarily and expressly choose to incur all risks associated with the Activities, where known or unknown, and take responsibility for those risks understanding that they may include bodily and personal injury, damage to property, disfigurement, concussion, heart attack, paralysis, or death.
c. It is recommended all clients of MA have appropriate medical and personal insurance to cover for any possible loss, damage or injury that may arise out of or in connection with participating in any activity with MA.
d. It is recommended that all medical and personal insurance covers you for ambulance, and emergency rescue from local and remote locations and incur all the associated costs.
e. In the event that you choose to leave the supervision of your Released Parties ** during the activity before its completion, you agree to accept that you do so at YOUR OWN RISK. You agree to take full responsibility of yourself and others accompanying you. You agree you will be liable for your own and others that accompany you on departure of group- for your own actions and outcomes in the event of injury, illness or death once you have left the supervision of your Released Parties.
Release of Liability –
You agree to release Magic Adventures and its employees, Director, employees, instructors, volunteer staff, **(collectively the ‘Released Parties’) from any and all liability, claims, demands, or causes of action whether know or unknown, suspected or unsuspected, arising out of any damage, loss or injury to me (including my death) or my property as a result of or in any way connected with my participation in any of the Activities, whether resulting from negligence or other fault of any of the Released Parties or from any other cause.
Agreement Not to Sue –
You agree and hereby instruct my heirs and anyone claiming on your behalf, never to initiate or assist in any lawsuit or cause of action against any of the Released Parties whether caused by negligence or fault active or passive, or any of the Released Parties, or from any other cause. If you or anyone on your behalf, initiated any lawsuit, cause of action, or claim for damages against the Released Parties, you agree that the Released Parties shall be entitled to recover from the suing party all attorneys’ fees and costs incurred in defending the lawsuit, cause of action or claim and any actions arising there from.
Indemnity against Third Party Claims –
You agree to indemnify the Released Parties from any and all losses, claim, actions or proceedings of any kind and character, including attorney’s fees and expenses, presented or initiated by any third person or organisation as a result of my direct or indirect participation in the Activities, whether resulting from the negligence or fault, either active or passive, of any of the Released Parties, or from any other cause.
a. You agree to give MA access to your personal information. This personal information provided by you, about you, by virtue of your activity acceptance either as a casual partaking or through the 10 session walk or climbing, abseil pack. (this could include possible memberships if requested separately). This disclosed personal information by you is only for MA use in the event of carrying out safe activities for you and all associated parties belonging to you. This will not be disclosed outside of MA and all information will be protected and only used for the purpose of your activity.
b. You must advise MA if you do not want to receive promotional information, you must do this in writing via email to firstname.lastname@example.org.
c. You agree and understand all your personal information provided to MA for activities carried out must be retained and stored on a database by MA securely for 5 years minimum. MA does not and will not disclose your personal information unless required by law.
d. MA website uses Google Analytics to help the website analyse how users use the website information generated about your use of the website (including your IP address) and your personal information will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage. Google may also transfer this information to 3rd parties where required by law. Google will not associate your IP address with any other data held by Google. You may refuse the use of your information by Google by selecting the appropriate settings on your browser but by doing so you may not be able to use the full function of MA website. By using this website you consent to the processing of data by Google in the manner and for the purpose set out in this policy.
Booking and Payment –
10 Walk Pack
a. Your 10 session walking or climbing pack will be activated from the date of your first selected session you book into. You are agreeing to use all sessions within a 12 week period from time of activation.
b. Unused sessions cannot be transferred, refunded or extended. NO REFUNDS will be available.
c. There will be no extensions, no refunds or credits for unattended sessions including being late or not showing up at all to your session. The expiry date will be 12 weeks from your first attendance.
d. Exception based on Injury or illness – injuries and or illness with a medical supported letter/certificate; a 10 walk session pack may be extended and will be at the discretion of MA. You must and are required to put a request for extension via email. You must include and provide medical certificate this must be within 1 week of the injury and or illness occurring. To validate your claim you must also at time of injury inform your Leader, and complete an incident report. Failing to do so will jeopardise all rights to request extension.
a. All current Climbing, Abseiling, Hiking, Trekking activities; pricing is current as per MA website www.magicadventures.com.au
b. At the discretion of MA, Prices are subject to change at any time and current pricing will be as per the website.
c. All payments must be completed in full at time of booking. Exception will be for the 10 climbing and walking session packs; in this circumstance you have two options, pay in full OR pay 50% upfront, final 50% of monies due NO LATER than your second last visit/9th session visit. You agree to use your 10 sessions within a 12 week period from time of activation of your first activity booking.
a. Cancellation 14 days prior to your activity incurs a 20% administration fee
b. Cancellation of 14 days or less prior to your activity, you agree to forfeit 100% of the payable trip costs
c. NO refunds will be given in the event of changing your mind, refunds will only be payable if activity is cancelled by MA the operator.
d. Third Party Cancellation policy is separate to MA and you will be bound by their Terms & Conditions. It is recommended you read carefully and fully understand all agreements you enter into Third Party Operators associated with MA.
e. Where MA offers Adventure Travel with a Third Party Operator. It is required by you to pay a deposit at the time of booking, the deposit amount that will be accepted should not exceed any more than 5-10%. At this time, for any adventure travel, the third party operator will provide details relating to deposits, their T&Cs applying to your specific trip. It is recommended your read and fully understand the contract you are entering into with the Third Party operator. MA takes no responsibility for any misunderstandings, once you have agreed to MA Terms and Conditions you agree to accept all responsibility with Third Party Operators within this document.
f. Final payments for all trips and tours will be due on a specific date to be advised in an appropriate timeframe that will be determined by Magic Adventures. In some cases if a Third Party Operator requires to alter this date, you agree to accept their terms and conditions as final.
g. If minimum numbers for a trip are not reached, third party operators may give MA Clients the option of a small group change to allow the trip to proceed. A small group change will only be applied with the consensus of the whole group.
h. Cancellation fees for trips and tours booked through third party operators will be as determined by the third party operator. Refunds for trips and tours will also be determined by the third party operator.
a. When you are participating in MA activities; climbing, abseiling, walking, we or others of the activity group may take photographs of you, if you do not wish to be photographed you must advise accordingly. Otherwise, you agree and accept that the photographs will or can be used for marketing, promotional purposes.
b. If you provide MA with photographs you agree to allow us free and unlimited use of any images or material including for promotional purposes.
a. MA will always listen your needs and concerns. We welcome your constructive feedback, if you wish to express a concern, complaint please email email@example.com or call 0421 073 018 during business hours. It is in our best interest to respond to you within 24hours, as promptly as we can and no longer than 48hours/2 days.
ABN 426 131 341 09 / ACN 617 363 443
firstname.lastname@example.org / 0421 073 018