1. Parties, application and interpretation

This Participant Waiver, Risk Warning, Release and Indemnity(Agreement) sets out the terms on which [Insert legal entity name] trading asBakers Walking Co. (Supplier, we, us, our) supplies activities, services andfacilities to any participant, guest or attendee (Participant, you, your).

This Agreement applies to all activities, services and facilitiessupplied, arranged, promoted or permitted by the Supplier, including withoutlimitation guided walks, transfers, meals, wildlife-viewing activities, nightwalks, property access, national park access, private track access,accommodation-related access, sauna use, outdoor bath use, use of decks, stairsor other structures, and any ancillary or optional experience supplied directlyby the Supplier or through third-party providers arranged by the Supplier.

If a booking is made by one person on behalf of others, that personconfirms that each included participant has been given this Agreement or areasonable opportunity to review it before participating, and that eachincluded participant may also be required to accept any operative booking-stagewaiver before the activity commences.

In this Agreement, a reference to personal injury includes illness,aggravation of a pre-existing condition, mental injury consequential uponphysical injury, disability and death, to the extent recognised by law.

2. Acknowledgement of the nature of the activities

You acknowledge that the activities supplied by the Supplier arerecreational activities undertaken for enjoyment, relaxation, leisure,education and personal challenge. You acknowledge that some activities mayconstitute dangerous recreational activities because they involve a significantdegree of risk of physical harm.

You acknowledge that the experiences are conducted in outdoor andsemi-remote environments, sometimes on private land, on unsealed tracks, onbeaches, across grassland, woodland, dunes, or uneven terrain, and at times inlow light or darkness.

You acknowledge that the experiences are nature-based rather thanclinical, therapeutic or medically supervised. Nothing supplied by the Supplieris a substitute for medical advice, medical assessment, or specialistinstruction regarding your personal fitness or health.

3. Risk warning and disclosure of hazards

You acknowledge that participation exposes you to obvious, inherentand non-obvious risks. These risks may arise from your own acts or omissions,the acts or omissions of others, weather, terrain, wildlife, natural events,property conditions, equipment, emergency response limitations, and the conductof third parties.

Without limiting the generality of the above, you acknowledge thatthe following risks may arise during or in connection with the activities:

• slips, trips, falls or misstepson uneven, loose, wet, sandy, rocky, muddy, grassy, steep, slippery or unstablesurfaces;
• contact with cliffs, drop-offs,tree roots, branches, holes, concealed obstacles, fencing, gates, vehicles,structures, decks, steps, bridges or natural debris;
• fatigue, overexertion,dehydration, heat stress, cold exposure, sun exposure, wind exposure, rain,reduced visibility, rapidly changing weather and reduced comfort orperformance;
• remoteness and delay in medicaltreatment, evacuation or emergency response, including delayed ambulance accessor limited communications coverage;
•  interactions with wildlife,insects, snakes, spiders, marine hazards, livestock or domestic animals,including bites, stings, allergic reactions, fright responses or physicalcontact;
• beach, tidal, estuary andcoastal hazards, including unstable sand, hidden washouts, wave action,changing access routes and movement affected by tide timing;
• night activity risks, includingreduced depth perception, reduced footing visibility, disorientation,heightened startle response and collision with objects or persons;
• food and beverage risks,including allergy exposure, contamination, choking, intoxication or impairmentwhere alcohol is available or consumed;
• sauna and outdoor bath risks,including heat stress, fainting, dizziness, burns, slips on wet surfaces,dehydration, cardiovascular stress, interaction with medication,pregnancy-related risk, and injury associated with entering, exiting or movingaround wet areas;
• the possibility that a guide,driver, contractor, host or other participant may make an error in judgment,become distracted, act unexpectedly, or fail to appreciate your individualcondition or limits;

You acknowledge that the above list is illustrative only and notexhaustive, and that other risks may arise.

You further acknowledge that a risk may still be obvious even if ithas a low probability of occurring, and may still be obvious even if it is notprominent, conspicuous or physically observable at the time.

4.Participant declarations and warranties

•  you are capable of understanding this Agreement and of making an informed decision aboutparticipation;
•  you are medically, physicallyand mentally capable of participating in the booked experience as described bythe Supplier, unless you have disclosed relevant limitations in writing and theSupplier has expressly agreed to your participation;
•  you will not participate whileaffected by alcohol, illegal drugs, or any medication or condition that maymaterially impair balance, judgment, reaction time, awareness, heart function,thermoregulation or safe participation, unless disclosed and expressly acceptedby the Supplier;
• all information you give to theSupplier about your health, allergies, medications, fitness, pregnancy,mobility, emergency contacts and support needs will be true, current andcomplete;
• you will bring and use theclothing, footwear, hydration, medication, food, equipment and personal itemsreasonably required for the activity;
• you understand that guides andstaff may make decisions about safety, route, timing, tide, weather, groupmovement, participation, or removal from an activity, and you agree to complywith those decisions;

5. Medical conditions, medication and emergency response

You must disclose before participation any condition that may affectsafe participation or emergency response, including but not limited toepilepsy, asthma, anaphylaxis, cardiovascular issues, fainting history,mobility issues, recent injury, pregnancy, severe anxiety triggered by darknessor confined heat, significant allergy, diabetes, or any condition requiringurgent medication.

You remain responsible for carrying and administering your ownmedication unless the Supplier has expressly agreed otherwise in writing. Thisincludes, where relevant, rescue medication, inhalers, adrenalineauto-injectors, glucose supplies and any medication required in the ordinarycourse of your condition.

If the Supplier or its personnel reasonably believe that you requiremedical attention, first aid, evacuation, emergency transport, policeattendance, search assistance, or other urgent response, you authorise theSupplier to arrange that response. You agree that the Supplier may sharerelevant personal or medical information with emergency services or medicalpersonnel where reasonably necessary to protect life, health or safety.

You acknowledge that emergency response may be delayed, unavailableor limited due to location, communications, track conditions, weather, tide,darkness or other factors outside the Supplier's control.

6. Safety directions, conduct and removal

You agree to follow all lawful and reasonable directions given bythe Supplier, its guides, staff, contractors and hosts. This includesdirections about meeting points, pace, group cohesion, track use, wildlifedistance, lighting, tide timing, vehicle use, sauna use, alcohol consumption,footwear, hydration, and when an activity must stop, change or be abandoned.

The Supplier may refuse, suspend or terminate your participationwithout refund if the Supplier reasonably considers that you are intoxicated,medically unfit, improperly equipped, unsafe, aggressive, harassing,disruptive, dishonest in medical disclosure, or otherwise likely to endangeryourself, another person, wildlife, property, or the experience.

You acknowledge that a safety-related decision may be made quicklyand conservatively, and that the Supplier is entitled to prioritise groupsafety, weather, tide, wildlife protection, property protection and guidejudgment.

7. Private land, facilities and environmental care

You acknowledge that some experiences take place on private land orinvolve access to private facilities. You agree to remain only in authorisedareas, respect gates, fences, structures, signage and instructions, and notinterfere with equipment, animals, crops, vegetation, water infrastructure orother property.

You agree to act with care around accommodation facilities, decks,outdoor baths, saunas, steps, paths, fire features, kitchens, toilets, glass,fittings and furniture. You will promptly report hazards, breakage, spills orunsafe conditions of which you become aware.

You agree to use reasonable care to protect the environment,wildlife and cultural values of the places visited. This includes followingdirections about waste, noise, track use, fire, feeding wildlife, andphotography where restrictions apply.

8.Optional wellness, recovery and hospitality components

Where the Supplier offers or permits optional use of a sauna,outdoor bath, cold exposure, refreshments, chef-prepared meals, alcoholicbeverages, accommodation-related amenities or post-walk recovery facilities,you acknowledge that these are optional and involve separate and additionalrisks.

You agree not to use a sauna, bath or similar facility if you areintoxicated, pregnant without medical clearance, feeling faint, unwell,dehydrated, suffering chest pain, on medication affecting heat tolerance, orotherwise uncertain about your fitness for heat exposure.

You agree to enter and exit wet areas carefully, to comply withposted or verbal time limits, and to leave any facility immediately if you feeldizzy, overheated, nauseous, faint or unsafe.

9. Personal responsibility for belongings and valuables

You are responsible for your own clothing, equipment, medication,valuables, phones, cameras, jewellery, cash and personal property. The Supplierdoes not provide secure storage unless expressly stated.

To the maximum extent permitted by law, the Supplier is notresponsible for loss of or damage to your personal property arising from theft,weather, water, heat, wildlife, vehicle movement, handling, breakage, or use offacilities, except to the extent that liability cannot lawfully be excluded.

10. Assumption of risk

You acknowledge that you have read, or have had a reasonableopportunity to read, this Agreement and that you understand the general natureof the risks disclosed. You voluntarily choose to participate with knowledgethat personal injury, illness, property loss or death may result even wherereasonable care is taken.

You agree that your participation is voluntary and that you assumethe risks of participation, including the risks described in this Agreement andother risks that are inherent in outdoor recreation, private land access,coastal walking, night activity and use of wellness facilities.

11. Exclusion, restriction and modification of liability for personal injury anddeath

To the maximum extent permitted by law, and in particular to theextent permitted in relation to recreational services and recreationalactivities, the Supplier excludes, restricts and modifies any liability thatmay otherwise arise to you or a person claiming through you for death orpersonal injury suffered in connection with the supply of the activities.

Without limiting the above, you agree that any statutory guarantee,condition or warranty that the activities will be supplied with due care andskill, will be reasonably fit for a disclosed purpose, or will achieve anexpected result is excluded, restricted or modified to the maximum extentpermitted by law in relation to liability for death or personal injury arisingfrom the supply of recreational services.

Nothing in this Agreement excludes, restricts or modifies liabilityto the extent that the law does not permit such exclusion, restriction ormodification. This clause should be reviewed by the Supplier's lawyer to ensurethat any exact statutory warning wording required by applicable law is includedin the final operational version.

12. Release

To the maximum extent permitted by law, you release and foreverdischarge the Supplier and each of its officers, employees, guides,contractors, agents, landowners, occupiers, hosts, volunteers and associatedentities from all claims, demands, actions, suits, proceedings, liabilities,costs and expenses arising out of or in connection with your participation,including claims based on negligence, except to the extent such release isprohibited or ineffective by law.

This release is intended to operate broadly but only to the extentlawfully permitted. If any part of this release is unenforceable, the remainderis to continue to the maximum extent possible.

13. Indemnity

You indemnify and hold harmless the Supplier and the personsidentified in clause 12 against any loss, liability, claim, damage, cost orexpense (including reasonable legal costs on a solicitor-client basis) arisingfrom or connected with:

• your breach of this Agreement;
• your failure to followreasonable safety directions;
• your negligent, unlawful,reckless or wilfully dangerous act or omission;
• damage you cause to property,facilities, vehicles, tracks, equipment, wildlife habitat or the property of another person;
• a claim made by a third partyarising from your conduct, injury to another participant, or your failure todisclose a relevant condition or risk.

This indemnity is reduced to the extent a loss is caused orcontributed to by the Supplier's own unlawful conduct where such reduction isrequired by law.

14. Minors and parent/guardian acknowledgement

If a participant is under 18 years of age, participation must beauthorised by a parent or lawful guardian to the extent required by law. Theparent or guardian authorising the booking or participation confirms that theyhave read this Agreement, understand the risks it describes, and consent to theminor participating subject to its terms.

The parent or guardian further confirms that, to the best of theirknowledge, the minor is medically, physically and behaviourally suitable forthe activity and will comply with all lawful and reasonable directions given bythe Supplier and its personnel.

15. Third-party providers

Some parts of an experience may be supplied by a third party such asa transport provider, accommodation provider, caterer, wellness provider,national park authority or emergency responder. The Supplier may arrange orfacilitate those components without exercising day-to-day control over thethird party.

You acknowledge that separate terms, conditions, rules or waiversmay apply to third-party services. To the extent permitted by law, the Supplieris not liable for acts or omissions of independent third parties outside theSupplier's control.

16. Photography, recordings and promotional use

The Supplier may capture photographs, audio or video during anexperience. Unless you notify the Supplier in writing before the activitycommences that you do not consent, you grant the Supplier a non-exclusive,royalty-free right to use your image or likeness for promotional, editorial andsocial media purposes.

Where you withhold consent, the Supplier will use reasonable effortsto respect that choice, but you acknowledge that incidental capture in group orlandscape imagery may still occur.

17. Privacy and records

You consent to the Supplier collecting, storing and using personalinformation reasonably necessary to manage bookings, safety, emergencyresponse, insurance, incident reporting, legal compliance and service delivery.

The Supplier may disclose information to insurers, lawyers,emergency services, medical providers, regulators or investigators wherereasonably necessary in connection with an incident, claim, safety issue orlegal obligation.

18. Severability, variation and prevailing terms

If any provision of this Agreement is void, illegal orunenforceable, that provision is to be read down or severed to the extentnecessary and the remaining provisions continue in force.

This Agreement is intended to operate together with the Supplier'sbooking terms and conditions, safety information, product-specific notes andany onsite directions. If there is an inconsistency, the provision that affordsthe greater lawful protection to the Supplier in relation to risk and safety isto prevail, except where the law requires otherwise.

The Supplier may update this Agreement for future bookings, but theversion accepted by or for the participant at the time of booking orparticipation will apply to that booking unless the participant later acceptsan updated version.

19. Governing law and jurisdiction

This Agreement is governed by the law in force in Tasmania,Australia, unless another law must apply by mandatory operation. The partiessubmit to the non-exclusive jurisdiction of the courts of Tasmania and anycourt competent to hear an appeal from them.

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