Liability Waiver

Last updated: January 2022

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.

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 MINORS: IF YOU ARE UNDER THE AGE OF 18, YOU MAY ONLY ATTEND THE EAST GIPPSLAND WINERY TOUR WITH WRITTEN PERMISSION FROM EAST GIPPSLAND VARIETY TOURS.

WINE TASTING ON THE TOURS: GUESTS WINE TASTING ON THE TOUR NEED TO BE OVER THE AGE OF 18+ AND SHOULD NOT BE UNDER THE INFULENCE OF ALCHOHOL PRIOR TO THE TOUR.

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: East Gippsland Variety Tours Pty Ltd (ABN 98 655 332 326) Directors Craig & Michelle Perry (hereafter “East Gippsland Variety Tours” or “we”) and East Gippsland Variety Tours 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.

Tour Cancellation Policy

A Full Payment must be received 7 days prior to the tour for all tour bookings. 50% confirmation payment is required upon booking. Our tours are dependent on minimum numbers and East Gippsland Variety Tours reserves the right to cancel tours due to insufficient passenger numbers- a full refund applies.

We reserve the right to charge the following fees for cancellations by Releasing Parties:

Cancellations with more than 7 days’ notice will receive a full refund minus 10% (total value) administration fee.
1. Cancellations with less than 7 days’ notice, 50% deposit will be forfeited.
1. Cancellations with less than 72 hours’ notice no refund or credit will be given.

Cancellations must be in writing via email info@eastgippslandvarietytours.com. If you cancellation is due to covid restrictions or illness it will remain East Gippsland Variety Tours managements discretion to provide a refund or credit.

Private Tour Bookings

Passenger numbers must be confirmed no later than 7 days prior to the tour date. Minimum numbers must be met or payment for 8 passengers will apply.

Based on cancellations, the following refund will be provided to the Releasing Parties:

Cancellations with more than 7 days’ notice will receive a full refund of any payments received minus the non-refundable $250 deposit paid.
Cancellations with less than 7 days’ notice, 50% of the total amount will be forfeited
Cancellations with less than 72 hours’ notice no refund or credit will be given.

Late Arrivals/No shows

East Gippsland Variety Tours commence promptly at the time and location specified in your booking confirmation. Participants that arrive late may be left behind. There will be no refund or credit for no shows. East Gippsland Variety Tours will contact customers at least 72 hours prior to the tour date if minimum numbers have not been met.

Variation of Tours

East Gippsland Variety Tours reserves the right at any time to cancel or vary any trip. Times and Venues that East Gippsland Variety Tours visits are subject to availability and to change at short notice. To the extent permissible at law, East Gippsland Variety Tours will not be liable to you or to any third party for any cancellation or variance of the Service.

Other Conditions of Use

Releasing Parties agree that they are solely responsible for their interaction with other participants during the tour. Releasing Parties agree that East Gippsland Variety Tours is not responsible or liable for the conduct of any participant. East Gippsland Variety Tours reserves the right, but has no obligation, to monitor or become involved in disputes between participants. Customers are responsible for any damage inflicted on property during the tour. A minimum fee of $200 and a maximum of $1,500 may apply to any damage or spillage in the bus. East Gippsland Variety Tours will take no responsibility for any goods or possessions eft on the bus at the end of the tour. If items are left on the bus are requested to be sent via post, an administration fee of $15 plus postage cost will apply.

Participant Responsibilities

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 East Gippsland Variety Tours website; and
1. will listen and follow any lawful instructions by the tour operator (i.e. Released Parties), including safety or emergency instructions.
1. Will not bring drinks into any venues visited on any tour.
1. Will not smoke on the tour bus.
Participant removal from service

East Gippsland Variety Tours reserves the right to remove participants under any of the following circumstances:

Anybody involved in unruly, disorderly, or intoxicated behavior run the risk of not continuing with the tour. There is the possibility you may be asked to leave or refused entry to the establishments. No refund will be given
1. Intoxicated persons will not be tolerated, and East Gippsland Variety Tours staff have the right to cut off any persons from consuming alcohol throughout the tour.
1. The venues management or the tour driver may deem your behavior to be beneath the expected standard necessary to ensure a safe and friendly environment for the community. You will be removed from our service, and you will have to make your own way back to your home or accommodation. East Gippsland Variety Tours will not be liable for any expense incurred by the passenger should this offer.
East Gippsland Variety Tours Responsibilities

Released Parties agree that they will:

regularly assess safety conditions including the weather, behavior of wildlife and tolerances of equipment;
1. provide adequate access to safety equipment, including life jackets, in the unlikely event that this equipment is required.
1. East Gippsland Variety Tours will take liability for the actions taken by customers on the tour.
East Gippsland Variety Tours Website

The content of our website East Gippsland Variety Tours was produced for information purposes only. East Gippsland Variety Tours believe that’s all material provided by the website is accurate and up to date. East Gippsland Variety Tours does not accept any liability for any information posted on the website.Copyright of all content displayed on this website resides with East Gippsland Variety Tours, unless otherwise specified. Partial and full reproduction and distribution of any material of this website is prohibited for any commercial purposes.

Warning of Assumption of Inherent Risks

The Releasing Parties acknowledge that East Gippsland Variety Tours tours carry with them inherent risks of injury (physical and / or mental). Inherent risks are risks that cannot be eliminated completely regardless of the care and precautions taken by East Gippsland Variety Tours.

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;
1. unpredictable water movements;
1. weather-related hazards including extreme heat or cold, humidity, rain, fog, lightening or wind;
1. the actions of wild sea creatures or creatures encountered;
1. the actions and behavior of other participants attending the tour; And
1. any other risk that is out of the control East Gippsland Variety Tours or unreasonable to expect East Gippsland Variety Tours to counteract.

The Releasing Parties acknowledge that they understand that risks involved in East Gippsland Variety Tours could lead to injuries, including risks not specifically named, and that the Releasing Parties are participating in East Gippsland Variety Tours entirely at their own risk.

Waiver of Liability for Ordinary Negligence

To the extent permitted by law, the Releasing Parties agree that under this agreement East Gippsland Variety Tours and the other Released Parties shall be excluded from liability for ordinary negligence in the conduct of the East Gippsland Variety Tours and the application of any of the provisions of Subdivision B, Division 1, Part 3-2 of the Australian Consumer Law and further, the Released Parties shall be excluded from liability under any civil liability orconsumer law applicable to the State of Victoria subject to the exception that this exclusion of liability will not apply in circumstances where the conduct of East Gippsland Variety Tours or any of the Released Parties is reckless.

In consideration of being permitted to participate in an East Gippsland Variety Tours, to the extent permitted by law, the Releasing Parties waive, release, covenant not to sue East Gippsland Variety Tours and the other Released Parties from any and all claims, actions, suits, demands, losses and other liabilities in relation to any of death, physical or mental injury, the contraction, aggravation or acceleration of a disease or the coming into existence, aggravation, acceleration or occurrence of any other condition, circumstance, activity, form of behavior, course of conduct or state of affairs in relation to an individual that is or may be harmful or disadvantageous to the Releasing Parties (and/or participating minor child/ward) or the community or that may result in harm or disadvantage to the Releasing Parties (and/or my participating minor child/ward) or the community resulting from the INHERENT RISKS of the East Gippsland Variety Tours or the ORDINARY NEGLIGENCE of East Gippsland Variety Tours (or other Released Parties) that the Releasing Parties (and/or participating minor child/ward) may have arising out of the Releasing Parties participation in an East Gippsland Variety Tours.

This Waiver does not apply if the exclusion, restriction or modification wouldapply to significant personal injury suffered by a person that is caused by the reckless conduct of East Gippsland Variety Tours or a Released Party.

Jurisdiction

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

Mediation and Arbitration

In the event of a legal issue, the Releasing Parties agree to engage in good faith efforts to mediate any dispute that might arise. Any agreement reached will be formalized by a written contractual agreement at that time. Should you encounter any problems on your tour it is always better to try and solve directly with East Gippsland Variety Tours. If it is not possible to do so and you wish to lodge a complaint, please do so in writing within 30 days of completing your tour with East Gippsland Variety Tours. The seat of arbitration shall be Victoria, Australia. The language of the arbitration shall be English and the number of arbitrators shall be one (1). The cost of such action shall be shared equally by the parties.

Severability

I 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 that provision shall be severed from this Agreement and does not affect the validity and enforceability of any remaining provisions. Furthermore, notwithstanding anything to the contrary contained within this Agreement, this Agreement will not be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying the application in relation to the supply of any services pursuant to this Agreement of any provision of any Act of the Commonwealth of Australia or of the State of Victoria which by law cannot be excluded, restricted or modified.