Boys To The Bush Programs
These Terms and Conditions set forth obligations applicable to persons attending, and parents/carers of children attending, “The Boys To The Bush Programs” organised by Boys To the Bush Ltd (ABN 87 617 085 766) (Boys To The Bush).
All participants and parents/carers of child participants must read these Terms and Conditions carefully before participating in, or allowing their child/ward to participate in, the Boys To The Bush Programs.
By participating in, or allowing a chid/ward to participate in, the Boys To The Bush Program, the relevant participant or parent/carer of the relevant child participant will be deemed to have accepted these Terms and Conditions.
General commitments
1 People of any age and gender can participate in a Boys To The Bush Program. However, Boys to the Bush note that certain Programs are organised, and designed for, particular age brackets and/or genders only.
2 The language spoken in the Program is English, so a basic knowledge is a pre requisite. By accepting these Terms and Conditions you confirm your ability, or the ability of your child/ward, to have sufficient language skills for participation in Boys To The Bush Programs.
3 Participants, as well as parents/carers of participants, agree to support the Boys To The Bush Program by abiding, and encouraging child participants to abide, by the highest standards of positive conduct. They will discuss constructive concerns, if any, regarding the Boys To The Bush Program, staff behaviour or company policies with Boys To The Bush management.
4 The Program directors reserve the right, at their discretion, to withdraw any participant whose influence or actions are reasonably deemed by the director to be unsatisfactory, compromises the safety and/or health of the Program community (including but not limited to other participants of the Program, staff of Boys to the Bush, service providers engaged by Boys to the Bush) or are in breach of the rules and policies of the Program. If this occurs, no reduction or return of fee, or any part thereof will be made. Where appropriate Boys to the Bush shall provide warnings before any withdrawal is made. Participants, or parents/Carers of child participants, will also be responsible for any extra costs associated with returning them or their child/ward home early.
5 Participants are required to maintain the highest standard of conduct at all times. Using profanity, disparaging language, physical violence or threats during participation in Boys To The Bush Programs is strictly prohibited.
Program rules and instructions of Boys To The Bush staff must be followed at all times.
6 By accepting these Terms and Conditions, the participant, or the parent/carer of the participant, confirms that they or their child/ward has permission to participate in all Program activities, Program trips, special outings planned and supervised by Boys To The Bush.
7 Participants or parents/Carers give permission for themselves or their children/wards to be photographed during participation in Boys To The Bush Programs for Boys To The Bush advertising and promotional purposes. The participant or their parents/carers will notify Boys to the Bush if they are not authorised to take photographs or videos of the participant.
8 The copyright of all photography appearing on our brochures or websites belongs to Boys To The Bush. No reproduction may be made without prior permission from the Boys To The Bush Board.
9 In the event that a parent/carer cannot be reached in time in an emergency when a child is under Boys To The Bush supervision, the parent/carer gives permission to the physician selected by Boys To The Bush to hospitalise, secure proper treatment for, and/or order injections, anaesthesia, or surgery for the child as needed. The participant’s parents/carers will notify Boys To The Bush if Boys To The Bush are not authorised to perform first aid on the participant.
10 All prescription medicine provided by a licensed doctor must be turned into the Program staff upon arrival with instructions in English. All medication must be kept in their original packaging with labels intact and provided in the quantity required for the duration of the Program. This will be dispensed by Program staff only. It is important that Boys To The Bush is informed of any and all special conditions of a participant (for example, any medical conditions, dietary requirements) before the commencement of any Boys To The Bush Program. Without this information, Boys To The Bush may not be able to appropriately prepare and/or respond to an incident involving that participant.
11 Boys To The Bush is an unregistered National Disability Insurance Scheme (NDIS) provider and shall adhere to the NDIS Code of Conduct. All parents/carers of participants must notify Boys To The Bush if their child/ward is a NDIS participant and acknowledge that:
a. Boys To The Bush can only accept registrations where the child/ward is either a self-managed or plan managed NDIS participant;
b. Boys To The Bush does not provide NDIS plan management services;
c. they must not request or direct Boys To The Bush to implement practices in respect of their child/ward which qualify as a ‘restrictive practice’ for the purpose of section 9 of the NDIS Act 2013 (Cth).
12 Boys To The Bush must also be supplied with any existing court or parenting orders regarding the participant and kept updated immediately by parents/carers upon any change of those circumstances.
13 Should a program be cancelled by Boys To The Bush for any reason (such as Covid 19 imposed regulations) a full refund will be offered, or credit given, for an alternative program.
14 All participants’ personal belongings are their own responsibility, unless loss or damage is proven to be due to Boys to the Bush negligence. Expensive or personally sentimental items such as jewellery, designer clothes or shoes, electronics etc., should not be brought to the Program.
15 All participants at Boys To The Bush Programs are prohibited from bringing or using all tobacco products, alcohol and other drugs of any kind (save for prescription medicine subject to point 9 above).
16 Participants, and parents/carers of participants, agree to pay for any property damage caused directly, or indirectly, as a result of their action or the action of their child/ward.
17 Parents/Carers agree to communicate any specific information regarding their child/ward that will assist Program staff in working with that child. Information surrounding behaviour triggers, health concerns, allergies and dietary requirements must be communicated to Boys To The Bush prior to the Program.
18 Participants, and parents / carers of participants, understand that Boys To The Bush does not have personal accident insurance cover for themselves or their child/ward. If a participant is injured as a result of an accident during the Boys To The Bush Program, all medical treatment and other costs associated with such injury are the responsibility of the participant or the parent/carer of the participant.
19 By registering for any Boys To The Bush services, you confirm that you are the correct account holder and, in the case of parents/carers of participants, the legal guardian of the child(ren) whom you are enrolling. In providing additional contacts on your account, you confirm they are authorised by you, the account holder, to access the accounts for which you have registered, the information you have successively provided and any information that you add to your online profile in the future.
20 Participants, and parents / carers of participants, acknowledge that the Boys To The Bush Program (including all activities run by Boys To the Bush) may involve participants engaging in dangerous recreational activity and that the participant engaging in those activities does so at their own risk. As the Boys To The Bush Program may be run in remote locations, away from nearby medical or emergency personnel or facilities, it may take longer to respond to any incident that may occur on the Boys To The Bush Program. Every participant and their parent/guardian is required to sign the Waiver and Risk Warning form provided by Boys To The Bush as a condition of their attending a Boys To The Bush Program. The participant and parents/carers of the participants acknowledge that there are inherent or obvious risks in undertaking such dangerous recreational activities and the participant’s parents/carers acknowledge that they have been provided with a risk warning and are aware of the risk.
21 Boys To The Bush reserves the right to vary these terms and conditions and will notify all participants and their parents/carers of any variations at least 14 days prior to any variation. Cancellation may be made following notice of variation.
CANCELLATION POLICY:
22 MENtor Program: If less than seven business days’ notice or no notice for a scheduled session is provided, you will be invoiced for the full session fee.
a. Sessions cancelled in the final week of term cannot be rescheduled and will be invoiced the full session fee.
b. Where notice of seven of more business days is provided, Boys To The Bush may offer to reschedule the session within the term, with a maximum of one rescheduled session per term.
c. Sessions cannot be transferred to the next term or scheduled during school holidays, weekends or public holidays.
23 Camps:
a. Less than seven business days’ notice or no notice: the full camp fee will be invoiced.
b. For seven or more business days’ notice: a $100.00 administration fee will apply. Participants who are sent home or leave the camp early will not be eligible for a refund/discount on the camp cost. 24 Cancellations must be received in writing to info@boystothebush.org.au
Warning and Risk Waiver
Voluntary participation and recreational activity
I acknowledge, agree and understand my activities at, and my participation in, The Boys To The Bush Programs are for my own enjoyment and leisure and are recreational.
Dangerous Recreation Activity
Activities at The Boys To The Bush Programs are dangerous recreational activities within the meaning of section 5L of the Civil Liability Act (NSW) (CLA) and present an obvious risk of harm.
Risk Warning
1. I acknowledge, agree and understand that:
a. I have been warned that I am at risk of suffering personal injury arising from or in connection with my activities at, and my participation in, The Boys To The Bush Programs.
b. The risks include, but are not limited to:
i. death;
ii. physical or mental injury (e.g. twists, sprains, burns, abrasions, bruising, damage to teeth, muscular injury, motion sickness, splinters, loss of consciousness, broken bones, spine injuries, paralysis, );
iii. contraction, aggravation or acceleration of a disease; and
iv. the coming into existence, the aggravation, acceleration or recurrence of any other condition or form of behaviour.
c. The risk of personal injury that I may suffer may arise from or be connected with, but not limited to:
i. weather conditions including rain, wind, lightning, heat and cold;
ii. slipping and tripping on floor surfaces or ground terrain;
iii. incorrect use of equipment;
iv. swimming;
v. the acts and/or omissions (including negligent acts and/or omissions) of other participants of The Boys To The Bush Programs;
vi. failure to follow instructions in relation to participation in an activity;
d. If you are a parent, guardian, carer or person exercising parental responsibility or supervision for the care of a child, person with a disability** or any incapable person, you must evaluate these risks before allowing such persons in your control, under
your supervision or care to use or engage in the activities. By signing this waiver, you agree that you accept these risks at all times for the persons you are legally responsible for and / or for whom you have purchased participation the Program activities for. This applies whether or not the incapable person is under your control or you are accompanying them at the activities.
**A disability includes, but is not limited to, any short or long-term physical, mental or any other impairment that impacts or may impact upon a person’s ability to read, understand and agree to the terms of this warning and risk waiver.
Waiver
2. Boys To The Bush Ltd (ABN 87 617 085 766) (Boys To The Bush) including its related parties, directors, affiliates, employees and volunteers shall not be liable for:
a. breach of contract (including any express or implied warranty that any recreational activities will be provided with due care and skill); or
b. negligence; arising from, or in connection with, my attendance at and use of The Boys To The Bush Programs.
3. I accept and acknowledge all of the risks identified above voluntarily and at my own risk. I take full responsibility for the behaviour and conduct of, and risk to, all persons under my supervision or care.
4. By using or engaging in The Boys To The Bush Programs I accept these risks and agree that the owners, operators and landlords of The Boys To The Bush including but not limited to their related parties, directors, employees, volunteers and affiliates do not have or accept any liability for any injury suffered as a result of you accepting these risks.
5. By agreeing to this Waiver, I agree that the statutory guarantees do not apply to me, or do not apply to the person of whom I am a parent/guardian of. I understand that this means my rights (or the rights of a person on whose behalf I am acquiring the services) to sue Boys To The Bush in relation to the recreational services that I undertake because the services or recreational activities provided were not in accordance with those guarantees which are excluded, restricted or modified as set out below.
6. I acknowledge that it is possible for a supplier of recreational services to ask me to agree that the statutory guarantees under the Australian Consumer Law (ACL) (which is set out in Schedule 2 of the
Competition and Consumer Act 2010 (Cth) (CCA)) do not apply to me.
7. I agree:
a. that the statutory guarantees under the ACL do not apply to me (or a person for whom or on whose behalf I am acquiring the services or activities);
b. to waive my right to sue Boys To The Bush (being a supplier for the purposes of the ACL) because the recreational services (as that term is defined in the CCA) were not performed in accordance with the statutory guarantees, in particular the guarantees as to due care and skill and as to fitness for a particular purpose, are excluded; and
c. that the waiver of my rights above is limited to liability for:
i. physical or mental injury (including the aggravation, acceleration, or recurrence of such injury) to me;
ii. the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
A. that may result in harm or disadvantage to me; or
B. that is or may be harmful or disadvantageous to me.
d. The above waiver of my rights in relation to the statutory guarantees does not apply to reckless conduct (as defined in the ACL) of Boys To The Bush Ltd in supplying any recreational services (in the event either is deemed to be a supplier).
8. [Victoria] WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012
a. If you sign this form, you will be agreeing that your rights to sue Boys To The Bush, the supplier, under the Australian Consumer Law and Fair Trading Act 2012 (Vic) (VACL) 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.
b. Under the VACL, 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
i. rendered with due care and skill; and
ii. are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
iii. might reasonably be expected to achieve any result you have made known to the supplier.
c. Under section 22 of the VACL, the exclusion of these statutory guarantees is brought to your attention by this form.
d. 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 VACL and section 22(3)(b) of the VACL.
9. [NSW] I acknowledge and agree by signing this Waiver that, pursuant to the CLA, Boys To The Bush has no duty of care to me (or a person for whom or on whose behalf I am acquiring their participation in the Programs) in relation to the activities as a result of the Risk Warning included at clauses 1 and 2 of this Waiver. I acknowledge that the assumption of risk and warning above constitutes a ‘risk warning’ in respect of The Boys To The Bush Programs and the surrounding building and grounds at which The Boys To The Bush Programs are held for the purpose of section 5M of the CLA.
Release and Indemnity
10. To the fullest extent permitted by law, I:
a. release and will release Boys To The Bush from all claims that I may have or may have had but for this release arising from or in connection with my participation in The Boys To The Bush Programs;
b. indemnify and will keep indemnified Boys To The Bush in respect of any claim by any person:
i. arising from or in connection with my participation in any activities at, or participation in, The Boys To The Bush Programs;
ii. against Boys To The Bush in respect of any injury loss or damage arising out of or in connection with my failure to comply with any rules and/or directions from Boys To The Bush regarding use of Boys To The Bush’s facilities and participation in its programs and activities.
save that the above releases and indemnities shall not apply to the extent that the loss, damage or injury that is the subject of the claim is caused or contributed to by the grossly negligent act or omission of Boys To The Bush.
WARNING UNDER THE FAIR TRADING ACT 1987 No 68 (NSW ACT), AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (VIC ACT) and Competition and Consumer Act 2010 (Cth) (CCA)
Under the Acts, several statutory guarantees apply to the supply of certain goods and services. These services 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 the Acts, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Act if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in 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.
