Terms of Service

Last Updated: January 2024

1. Acceptance of Terms

By accessing and using the ActionTrail Club website and participating in our outdoor adventure activities, you accept and agree to be bound by the terms and provisions of this agreement. If you do not agree to abide by these Terms of Service, please do not use our services or participate in our activities. Your continued use of our website and services constitutes your acceptance of any changes or updates to these terms.

2. Use of Services

ActionTrail Club provides outdoor adventure services, trail exploration guidance, and educational resources related to hiking, camping, and nature activities across Australia. Our services are intended for individuals who are physically capable of participating in outdoor recreational activities. You agree to use our services only for lawful purposes and in accordance with these Terms of Service.

You are responsible for ensuring that your participation in any activity is appropriate for your physical condition and skill level. You must not use our services in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of our services, or in any way which is unlawful, illegal, fraudulent, or harmful.

3. User Responsibilities

As a participant in ActionTrail Club activities, you acknowledge and agree to the following responsibilities:

  • Provide accurate and complete information during registration and booking processes
  • Maintain the confidentiality of your account credentials
  • Follow all safety guidelines and instructions provided by our guides and staff
  • Respect the natural environment and adhere to leave-no-trace principles
  • Arrive prepared with appropriate gear and equipment as specified for each activity
  • Inform our staff of any medical conditions or physical limitations that may affect your participation
  • Behave respectfully toward other participants, guides, and the natural environment

4. Safety and Risk Acknowledgment

Outdoor activities involve inherent risks including but not limited to physical injury, adverse weather conditions, wildlife encounters, and terrain hazards. By participating in ActionTrail Club activities, you acknowledge that you understand these risks and voluntarily assume them. While we implement comprehensive safety measures and provide experienced guides, we cannot guarantee absolute safety in outdoor environments.

Participants are required to follow all safety instructions provided by guides and staff. Failure to comply with safety guidelines may result in removal from activities without refund. You are strongly encouraged to obtain appropriate travel and medical insurance before participating in any outdoor adventure activities.

5. Cancellation and Rescheduling

ActionTrail Club reserves the right to cancel, postpone, or modify any scheduled activity due to weather conditions, safety concerns, insufficient participation, or other circumstances beyond our control. In such cases, participants will be offered alternative dates or full notification of changes. We are not responsible for any travel expenses or other costs incurred by participants in connection with cancelled activities.

Participants must provide advance notice for cancellations or rescheduling requests according to our cancellation policy. Specific cancellation terms and conditions are provided at the time of booking and may vary depending on the type and duration of the activity.

6. Intellectual Property Rights

All content on the ActionTrail Club website, including but not limited to text, graphics, logos, images, photographs, trail maps, and software, is the property of ActionTrail Club or its content suppliers and is protected by Australian and international copyright laws. You may not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any content from our website without our express written permission.

The ActionTrail Club name, logo, and all related product and service names are trademarks or registered trademarks of ActionTrail Club. You may not use these marks without our prior written permission.

7. Photography and Media

During ActionTrail Club activities, photographs and video recordings may be taken by our staff, guides, or other participants. By participating in our activities, you grant ActionTrail Club permission to use photographs and videos that include your likeness for promotional, educational, and marketing purposes, including but not limited to our website, social media platforms, and printed materials.

If you do not wish to be photographed or have your image used for promotional purposes, please inform our staff in writing before the activity begins. We will make reasonable efforts to accommodate your request, though we cannot guarantee that you will not appear in group photographs or background shots.

8. Privacy and Data Protection

ActionTrail Club is committed to protecting your privacy and personal information. We collect, use, and store personal data in accordance with applicable privacy laws and our Privacy Policy. By using our services, you consent to the collection and use of your information as described in our Privacy Policy, which can be found on our website.

We implement appropriate security measures to protect your personal information against unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee absolute security.

9. Limitation of Liability

To the fullest extent permitted by applicable law, ActionTrail Club, its directors, employees, guides, partners, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses resulting from your access to or use of or inability to access or use our services.

ActionTrail Club shall not be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental, or consequential damages of any kind arising from participation in outdoor activities, whether based in contract, tort, strict liability, or otherwise, even if we have been advised of the possibility of such damages.

10. Indemnification

You agree to defend, indemnify, and hold harmless ActionTrail Club and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses arising from your use of our services, your participation in our activities, your violation of these Terms of Service, or your violation of any third-party rights, including intellectual property rights.

11. Environmental Responsibility

All participants are required to follow environmental protection guidelines and leave-no-trace principles during ActionTrail Club activities. This includes proper waste disposal, respecting wildlife and vegetation, staying on designated trails, and minimizing environmental impact. Participants who fail to adhere to environmental responsibility standards may be removed from activities.

ActionTrail Club is committed to sustainable outdoor recreation and conservation. We expect all participants to share this commitment and actively contribute to preserving Australia's natural environments for future generations.

12. Age Requirements and Minors

Certain ActionTrail Club activities may have minimum age requirements for participation. Minors under the age of 18 must be accompanied by a parent or legal guardian, or must provide written consent from a parent or legal guardian. The accompanying adult or guardian assumes full responsibility for the minor's participation and safety.

Parents and guardians are responsible for ensuring that minors under their supervision follow all safety guidelines and behave appropriately during activities. ActionTrail Club reserves the right to remove minors who demonstrate unsafe behavior or fail to follow instructions.

13. Code of Conduct

All participants are expected to maintain respectful and appropriate behavior during ActionTrail Club activities. Harassment, discrimination, threatening behavior, or any conduct that creates an unsafe or uncomfortable environment for others will not be tolerated. We reserve the right to remove any participant who violates our code of conduct without refund.

Alcohol and illegal substances are strictly prohibited during all ActionTrail Club activities. Participants who appear to be under the influence of alcohol or drugs will not be permitted to participate and will not receive a refund.

14. Third-Party Links and Services

Our website may contain links to third-party websites, services, or resources that are not owned or controlled by ActionTrail Club. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that ActionTrail Club shall not be responsible or liable for any damage or loss caused by or in connection with the use of any third-party content, goods, or services.

15. Modifications to Terms

ActionTrail Club reserves the right to modify or replace these Terms of Service at any time at our sole discretion. We will provide notice of any material changes by posting the updated terms on our website and updating the "Last Updated" date. Your continued use of our services following the posting of changes constitutes your acceptance of those changes.

We encourage you to review these Terms of Service periodically to stay informed about any updates. If you do not agree to the modified terms, you must discontinue your use of our services.

16. Governing Law and Dispute Resolution

These Terms of Service shall be governed by and construed in accordance with the laws of Australia, without regard to its conflict of law provisions. Any dispute arising from or relating to these terms or your use of our services shall be subject to the exclusive jurisdiction of the courts located in New South Wales, Australia.

Before initiating any legal proceedings, parties agree to attempt to resolve disputes through good-faith negotiation. If a dispute cannot be resolved through negotiation within 30 days, either party may pursue other available legal remedies.

17. Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, the provision shall be severed from these terms. The remaining provisions shall continue in full force and effect.

18. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or agreements published by ActionTrail Club on our website, constitute the entire agreement between you and ActionTrail Club regarding your use of our services and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter herein.

19. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, please contact us at:

ActionTrail Club

123 Adventure Lane

Sydney NSW 2000, Australia

Email: [email protected]

Phone: +61 2 9876 5432

By using ActionTrail Club services and participating in our outdoor activities, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.