Australiana Tours – Service & Waiver of Liability Agreement
This Service & Wavier of Liability Agreement ("Agreement") is made effective as of the date signed below by and between:
Australiana Tours ("Company") and the agreed participant ("Participant").
By booking a tour with Australiana Tours ("Company"), you ("Participant") agree to the terms and conditions stated in this Agreement.
1. Services Provided
Australiana Tours agrees to provide a historical walking tour ("Tour") of Sydney, Australia, as scheduled on the agreed date. The Tour includes guided historical commentary and visits to public locations.
The Tour is offered on a "free" basis, with no mandatory fees for participation. Participants may offer voluntary donations at the conclusion of the Tour.
2. Participant Responsibilities
The Participant acknowledges that they are responsible for their own actions and any associated risks while participating in the Tour.
The Participant agrees to wear suitable clothing and footwear for walking and navigating different terrains, and to carry any personal items required (e.g., water, sunscreen, weather-appropriate clothing).
3. Assumption of Risk
I acknowledge that I am voluntarily participating in this walking tour and understand that certain risks are associated with walking on public land, including but not limited to:
Slips, trips, or falls due to uneven or wet surfaces, stairs, curbs, or natural obstacles.
Hazards related to traffic, weather conditions, or environmental factors.
Injuries resulting from other participants or members of the public.
I understand that Australiana Tours and its guides cannot anticipate every possible risk and that unforeseen circumstances may occur.
4. Release and Waiver of Liability
To the fullest extent permitted by law, I agree to release, waive, discharge, and hold harmless Australiana Tours, its owners, employees, agents, and affiliates from any and all claims, demands, losses, liabilities, or expenses (including legal fees) arising out of or in connection with any injury, illness, damage, or other loss I may suffer as a result of participating in this walking tour, regardless of whether such injury or damage was foreseeable.
3. Indemnification
I agree to indemnify and hold harmless Australiana Tours, its owners, employees, agents, and affiliates from any and all claims or demands, including legal fees, that may be incurred by or asserted against them as a result of my actions or conduct during the tour.
4. Medical Conditions and Accessibility
The Participant agrees to notify Australiana Tours of any medical conditions that may affect their ability to safely participate in the Tour.
While Australiana Tours aims to accommodate all participants, some locations may not be fully accessible to those with limited mobility. The Participant is responsible for assessing their own ability to participate.
5. Photography and Media (Optional)
The Participant grants Australiana Tours permission to take photographs or video recordings during the Tour. These may be used for promotional purposes, including but not limited to social media, website content, and marketing materials.
The Participant may opt out of photography by informing the Tour Guide before the Tour begins.
6. Cancellations and Rescheduling
Australiana Tours reserves the right to cancel or reschedule the Tour due to weather conditions, unforeseen events, or other safety concerns. In the event of cancellation, Participants will be notified as soon as possible.
If the Participant must cancel, they agree to inform Australiana Tours as soon as possible.
7. Limitation of Liability
Australiana Tours shall not be held liable for any injury, loss, or damage to personal property arising from the Participant's participation in the Tour.
8. Acknowledgment of Understanding
By ticking the 'I agree' checkbox, the Participant acknowledges that they have read and understood this Agreement, and agree to abide by its terms.
