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Last updated: January 2023

By ticking this box, you confirm that you have read the terms of this Assumption of Risk, Waiver of Liability and Indemnity Agreement (“Waiver”) and understand and agree to them. Ticking this box is the same as signing a contract or agreement.

I Agree

PARTICIPANT ASSUMPTION OF RISK, WAIVER OF LIABILITY AND INDEMNITY AGREEMENT

PARTICIPANTS: READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND WILL LIMIT YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS.

NOTE TO PARENTS/GUARDIANS OF MINORS: YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND AGREED TO THE TERMS BELOW (SUCH TERMS BEING INTERPRETED AS IF THEY APPLIED TO BOTH YOU AND YOUR MINOR CHILD/WARD) AND HAVE THE LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOUR MINOR CHILD/WARD.

Released Parties include: Echidna Walkabout Pty Ltd (ACN: 158 712 004), Directors Roger Smith and Janine Duffy (hereafter “Echidna Walkabout” or “we”) and Echidna Walkabout’s respective employees, agents, representatives, contractors and licensees.

Releasing Parties include: the participant, as well as participant’s spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on participant’s behalf.

1. Amendment of Tour Itineraries

Passengers accept that we may need to alter or amend itineraries, excursions, accommodation or sightseeing arrangements from those published, with little or no notice. This may be due to road conditions, weather, cultural considerations, safety factors and other operational considerations or government regulations or directions. Such decisions will be made in the best interests of the passenger’s comfort and safety, or where required by law. In these circumstances Echidna Walkabout will endeavour to make suitable alternative arrangements. To the extent permissible by law, Echidna Walkabout will not be liable to you or to any third party for any cancellation or variance of the Service.

2. Participant Responsibilities

2.1. Releasing Parties agree that they have a basic level of physical fitness sufficient to participate in the activities of the tour as described in the confirmation email and on the Echidna Walkabout website; and

2.2. Releasing Parties agree that they will listen and follow any lawful instructions given by the tour operator (i.e. Released Parties), including safety or emergency instructions.

3. Echidna WalkaboutResponsibilities

3.1. Released Parties agree that they will regularly assess safety conditions, including the weather, of areas visited;

3.2. Released Parties agree that they will maintain vehicles and equipment in good working order

4. Warning of Assumption of Inherent Risks

4.1. The Releasing Parties acknowledge that Echidna Walkabout tours carry with them inherent risks of injury and / or death. Inherent risks are risks that cannot be eliminated completely regardless of the care and precautions taken by Echidna Walkabout.

4.2. The Releasing Parties understand and acknowledge that the inherent risks include, but are not limited to:

●    falls, tripping, contact or collision with persons or objects;

●    walks on uneven or slippery surfaces;

●    weather-related hazards including extreme heat or cold, humidity, rain, fog, lightning or wind;

●    the actions of wildlife or creatures encountered;

●    the actions and behaviour of other participants attending the tour;

●    any illness or disease (including COVID-19), or emotional trauma, experienced during or after our tours; and

●    any other risk that is out of the control of Echidna Walkabout or unreasonable to expect Echidna Walkabout to counteract.

4.3. The Releasing Parties acknowledge that they understand that risks involved in Echidna Walkabout tours, including risks not specifically named, could lead to injuries and / or death; and the loss or damage to property.

4.4. The Releasing Parties acknowledge that they are aware that some of our tours travel to remote areas located some distance from hospitals and other medical facilities.

4.5. The Releasing Parties acknowledge that they are participating in Echidna Walkabout tours entirely at their own risk.

4.6. Echidna Walkabout is unable to guarantee exact arrival or departure times and is not liable for failure to make any other travel connections.

5. Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Victoria, Australia; and the parties submit to the exclusive jurisdiction of the Victorian courts for any matter arising under or relating to this Agreement.

6. Severability

The Releasing Parties understand and agree that this Waiver is intended to be as broad and inclusive as is permitted by the law of Victoria and that if any provision shall be found to be unlawful, void, or for any reason unenforceable, then thatprovision shall be severed from this Agreement and does not affect the validity and enforceability of any remaining provisions. 

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012

If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 are excluded, restricted or modified in the way set out in this form, if you are killed or injured because the services provided were not in accordance with the statutory guarantees outlined below. 

Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you-

●    are rendered with due care and skill; and

●    are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and

●    might reasonably be expected to achieve any result you have made known to the supplier.

Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the exclusion of these statutory guarantees is brought to your attention by this form.

NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.

Date Signed: November 21, 2024

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
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Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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