IMPORTANT: PLEASE READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. BY SIGNING, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND ACCEPT ITS TERMS. THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE FOR NEGLIGENCE. 1. PARTIES This Agreement is entered into between:
Operator: Didier Monot trading as LifeTrail, Denmark, Western Australia ("LifeTrail", "we", "us", "our").
Participant: The person named and signing below, or, in the case of a minor, their parent or legal guardian signing on their behalf ("Participant", "you", "your"). 2. ACTIVITIES COVERED BY THIS AGREEMENT This Agreement applies to all activities provided or facilitated by LifeTrail, including but not limited to: - Private guided day hikes for individuals and groups of any age;
- All instructional content, safety briefings, pre-hike information sessions, advice, guidance and any other information shared by LifeTrail before, during or after an activity ("Information");
- Transportation associated with any of the above activities;
- Any other outdoor or adventure activity offered by LifeTrail from time to time.
3. NATURE OF ACTIVITIES & INHERENT RISKS The Participant acknowledges that hiking and outdoor activities in the natural environment carry inherent risks that cannot be entirely eliminated, even with careful management. These risks include but are not limited to: - Falls on uneven, steep, slippery or unstable terrain causing injury including fractures, sprains, head injury, spinal injury or death;
- Physical exhaustion, dehydration, heat-related illness (including heat stroke and heat exhaustion) or hypothermia resulting from weather conditions or exertion;
- Encounters with or attacks from native wildlife including snakes, spiders, insects, ticks and other animals;
- Inclement, rapidly changing or extreme weather including storms, lightning, high winds, rain and extreme heat;
- Drowning or injury at water crossings, rivers, coastal areas or other water features;
- Remote locations with limited or no mobile phone reception and restricted or delayed access to emergency medical services;
- Acts of third parties, including the actions or omissions of other participants;
- Equipment failure or malfunction, whether owned, hired or borrowed;
- The Participant's own physical or mental condition, including undisclosed conditions;
- Acts of God and other events beyond LifeTrail's reasonable control.
4. VOLUNTARY ASSUMPTION OF RISK The Participant: - Has read and understood the nature of the Activities and the risks described in this Agreement;
- Freely and voluntarily chooses to participate in the Activities, accepting all inherent risks;
- Understands that their participation is entirely voluntary and that they may withdraw at any time prior to commencement;
- Acknowledges that no assurance has been given that the Activities are free from risk of injury or death.
5. RELEASE, WAIVER, AND INDEMNITY To the fullest extent permitted by law: - The Participant waives, releases and discharges LifeTrail, its operators, guides, employees, agents, contractors and volunteers ("LifeTrail Representatives") from and against any and all claims, actions, damages, losses, costs and liabilities ("Claims") arising out of or in connection with participation in the Activities, whether caused by negligence, breach of duty or otherwise;
- The Participant agrees to indemnify and keep indemnified LifeTrail and LifeTrail Representatives against any Claims brought by or on behalf of the Participant or any third party arising from the Participant's participation in the Activities;
- The Participant covenants not to commence any legal proceedings against LifeTrail or LifeTrail Representatives in respect of any loss, damage, injury or death arising out of participation in the Activities.
5.4 Exclusion of Statutory Guarantees (Australian Consumer Law & WA Civil Liability Act):
The Participant acknowledges and agrees that to the extent permitted by Section 139A of the Competition and Consumer Act 2010 (Cth) and Section 5J of the Civil Liability Act 2002 (WA), the liability of LifeTrail for any personal injury or death that may result from the supply of these recreational services—including any failure by LifeTrail to comply with the statutory guarantees that services will be rendered with due care and skill—is entirely excluded. This exclusion does not apply to reckless conduct or gross negligence as defined under applicable consumer protection legislation. 5.5 Nothing in this Agreement excludes or limits liability that cannot be excluded under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any applicable Western Australian legislation, including liability for personal injury caused by a supply of recreational services where the Participant is a consumer and where liability cannot be lawfully contracted out of under Section 5J of the Civil Liability Act 2002 (WA). 5.6 LifeTrail's liability for breach of a consumer guarantee that cannot be excluded is limited, where permitted by law, to the re-supply of the relevant services or the cost of having the services supplied again. 6. PARTICIPANT RESPONSIBILITIES The Participant acknowledges and agrees that: 6.1 Medical & Physical Fitness Disclosure
Prior to participation, the Participant must complete LifeTrail's Personal & Medical Information Form truthfully and in full. LifeTrail will NOT be responsible for any injury, illness, adverse event or death arising from the Participant's failure to disclose any physical condition, mental health condition, medication, allergy or other matter that may affect the Participant's ability to safely complete the Activity. LifeTrail takes NO responsibility for any adverse event arising from failure to disclose a physical or mental health condition or medication that may affect your ability to participate, as asked in the Personal & Medical Information Form completed prior to the activity. 6.2 Pre-Hike Information Sessions
LifeTrail may offer pre-hike information sessions covering safety, equipment, route details, emergency procedures and participant expectations. The Participant acknowledges that attendance at offered sessions is strongly encouraged; LifeTrail will NOT accept responsibility for any injury, loss or adverse outcome arising from failure to attend or engage; and by not attending, the Participant accepts increased personal risk. 6.3 Information Shared by LifeTrail
LifeTrail may share information, advice, guidance and recommendations. All information is shared in good faith based on experience and current knowledge. Conditions in natural environments can change rapidly. The Participant remains personally responsible for their own decisions and actions based on information provided. LifeTrail accepts no liability where conditions change, or where the Participant fails to exercise their own reasonable judgement. 6.4 General Conduct
The Participant agrees to: follow all reasonable instructions given by LifeTrail guides; carry appropriate clothing, footwear, water and supplies as directed; inform the guide immediately of any injury, illness, concern or change in condition; not participate under the influence of alcohol or substances; and act in a manner that does not endanger themselves or others. 7. MINORS – PARENT / GUARDIAN ACKNOWLEDGEMENT & INDEMNITY Where the Participant is under 18 years of age, this document operates as a binding Acknowledgment of Risk and Deed of Indemnity signed by the parent or legal guardian:
- The parent or legal guardian confirms they have read and understood this Agreement, have explained the inherent risks of the Activities to the minor, and consent to their child's participation.
- The parent or guardian accepts the structural and environmental risks on behalf of their child and confirms that to the best of their knowledge the child is physically and mentally fit to participate.
- The parent or guardian agrees to be personally bound by all obligations and acknowledgements in this Agreement as they apply to the minor Participant.
- The parent or guardian agrees to indemnify and keep indemnified LifeTrail and LifeTrail Representatives against any and all claims, losses, or damages brought by or on behalf of the minor, or arising out of personal injury or death suffered by the minor while participating, except where explicitly caused by LifeTrail’s gross negligence or reckless conduct.
8. EMERGENCY MEDICAL AUTHORISATION In the event that the Participant is unable to communicate, the Participant (or parent/guardian for a minor) authorises LifeTrail to: call emergency services (000) immediately; request emergency medical treatment on the Participant's behalf; and share relevant medical information provided on the Personal & Medical Information Form with emergency services. The Participant acknowledges that LifeTrail is not medically trained and that first aid provided is done so in good faith and not as a substitute for professional medical care. 9. PRIVACY & PERSONAL INFORMATION LifeTrail collects personal and medical information solely for the purpose of participant safety, activity management and emergency response. This information will be stored securely and used only as reasonably necessary. By signing this Agreement, the Participant consents to this collection and use. LifeTrail handles personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. 10. PHOTOGRAPHY & MEDIA CONSENT LifeTrail may photograph or record activities for safety, marketing and promotional purposes. By signing this Agreement, the Participant consents to LifeTrail using images or video in which they appear for these purposes, unless the Participant opts out by notifying LifeTrail in writing prior to the Activity. For minors, consent is given by the parent or guardian. 11. GOVERNING LAW & SEVERABILITY This Agreement is governed by the laws of the State of Western Australia. The parties submit to the exclusive jurisdiction of the Courts of Western Australia for resolution of any dispute. If any provision of this Agreement is found to be unenforceable, the remaining provisions continue in full force and effect. 12. ACKNOWLEDGEMENT OF INDEPENDENT ADVICE The Participant acknowledges that they have had the opportunity to seek independent legal and medical advice prior to signing this Agreement, and that they sign voluntarily, having read and understood all terms. PARTICIPANT DECLARATION & SIGNATURE I have read, understood and agree to be bound by all terms of this Waiver, Release of Liability, Assumption of Risk and Indemnity Agreement. I sign this Agreement freely and voluntarily. FOR PARTICIPANTS UNDER 18 — PARENT / LEGAL GUARDIAN SIGN-OFF As the parent/legal guardian of the minor named above, I explicitly sign this document as an Acknowledgement of Risk and Deed of Indemnity in accordance with Section 7 of this Agreement. Date: June 4, 2026 |