Terms & Conditions
TOOWOOMBA HOSPITAL FOUNDATION (THF)
EVENT TERMS & CONDITIONS
TREK THE TRAIL 2025
1 DEFINITIONS
1.1 In these Terms and Conditions unless the context indicates
otherwise:
(1) Booking means a booking for the Services made by the
Client, in any method determined by THF from time-totime;
(2) Booking Form means any booking form in a format
determined by us, as completed and submitted by You to
THF to indicate your desire to participate in the Event;
(3) Event means Trek The Trail 2025;
(4) Event Date means 29 August 2025 to 30 August 2025 or
the date otherwise advertised by THF in writing;
(5) Fees means the total cost of the Services (but, subject to
clause 3, may not include the Deposit), as advised by
THF to You;
(6) Force Majeure means any cause or circumstance
beyond THF’s reasonable control, including but not
limited to, any lack of production capacity or raw
materials, strikes, lock-outs, labour disputes, fires, floods,
acts of god or public enemy, malicious or accidental
damage, delays in transport, breakdowns in machinery or
restrictions or prohibitions by any government or any
semi- government authorities or embargoes;
(7) Personnel means THF’s employees, contractors or
agents;
(8) Services means the services specified in the Booking
Form or the services agreed upon in writing by You and
THF. Specifically, all services provided in relation to the
Event prior to the Event Date (if any), including (but not
limited to) planning, documenting and liaising with You;
(9) Toowoomba Hospital Foundation/THF means
Toowoomba Hospital Foundation ABN 29 572 118 270;
(10) Venue means the venues and places described in the
Booking Form; and
(11) You/Your means the client engaging THF to provide the
Services and/or the client obtaining the Services.
2 PROVISION OF SERVICES
2.1 Subject to these Terms and Conditions, You agree that in
exchange for payment of the Deposit, Fees and any other
payment referred to in these Terms and Conditions, THF
agrees to provide the Services to you for the purpose of
attending the Event.
2.2 These Terms and Conditions do not create any tenancy or
other relationship between THF and You, other than that of
client and service provider.
2.3 You must not assign any part of the Services without THF’s
prior written approval, which may be withheld in THF’s sole
discretion.
2.4 Any special requests must be advised to us at the time of
booking eg dietary, mobility, etc. Whilst every effort will be
made by us to try and arrange your reasonable special
requests, we cannot guarantee that they will be fulfilled.
Failure to meet any special request will not be a breach of
these Terms and Conditions by THF does not accept
bookings that are conditional upon any special request being
met.
3 PAYMENT
3.1 Payments can be made by credit card (Visa and Mastercard).
3.2 On returning the Booking From, the Fees must be received by
THF to confirm Your Booking.
3.3 You agree that the payment of the Fees is strictly nonrefundable,
and that if the Event does not proceed for any
reason after that payment then THF will be entitled to keep
the Fees as a genuine pre-estimate of the loss that would be
suffered by THF if the Event did not proceed after this date,
and You agree that this amount is fair and reasonable with
respect to the Services provided by THF up until this date and
in anticipation of the Event occurring on the Event Date.
4 ITINERARIES
4.1 THF reserves the right to modify the Services in any way (for
example, the itinerary or substitute venues as it deems
necessary). These modifications may be due to changes in
local conditions beyond THF’s control, such as road, weather
or traffic conditions, non-performance of suppliers or
mechanical failure which may result in alterations or
cancellation of any part of Services (such as the route
itinerary) without notice.
4.2 THF will take all reasonable steps to provide a comparable or
superior substitution in such an event, however you agree and
accept that no refund or compensation will be given in these
circumstances.
4.3 THF cannot guarantee pick up or drop off times and are not
liable for a passenger’s failure to connect with other services.
THF will not accept responsibility for any problem or claim
resulting from the provision of a service or failure to provide a
service by any travel partner, transportation, accommodation
or other supplier. Whilst we make every effort to safeguard
our clients and their belongings we cannot be held
responsible for personal injury or loss due to events, which
are beyond our control. Should an extension be needed from
extreme weather, fire event or any reason where the dates
are extended, THF will not be liable for any accommodation or
additional expenses outside the advertised duration of the
Event.
5 CONDUCT AND SECURITY
5.1 All persons participating in an Event must conduct themselves
in an orderly manner and in full compliance with applicable
laws. You must use all reasonable endeavours to ensure no
disturbances or nuisances will be caused to any of THF’s
Personnel, other invitees or guests participating in the Event.
5.2 THF reserves the right to terminate an Event or remove any
guest from the Event or any Venue whose behaviour is
objectionable or undesirable, in THF’s sole discretion.
5.3 THF is committed to sustainability and environmental
responsibly. You are expected to respect the environment and
local cultures during the trip. This includes following Leave No
Trace principles, respecting wildlife, and avoiding any actions
that may harm the natural environment.
5.4 To the fullest extent permitted by law, You and Your guests
release and indemnify THF from and against any and all
claims, losses, damage, liability or third party losses arising
from the conduct of You and Your guests, except to the extent
it arises directly from THF’s wilful or negligent act or omission.
6 RECORDING OF THE EVENT
6.1 You acknowledge and agree that any third party Venue may
have a number of security cameras throughout the Premises,
which are monitored and recorded (and any such recordings
are retained for 30 days following an Event).
6.2 THF reserves the right to use any recordings from the security
cameras for any associated purpose or as otherwise required
by law. THF confirms that THF will not use such footage for
any other purposes.
6.3 You further acknowledge and agree that THF may take or
receive images or videos of You and other persons involved
in the Event.
6.4 You acknowledge, agree and consent (and agree to obtain
consent of all persons attending the Event) to being
photographed and/or videoed during the provision of the
Services and such consent is deemed to have been received
from You unless otherwise communicated to THF in writing.
You are responsible for advising guests at Your Event of the
above.
6.5 THF reserves the right to use any image, photograph or video
taken from the Event (or which is taken in the Venue and
includes parts of the Venue) for the purpose of any legitimate
advertising or marketing activities in any media type including
but not limited to television, internet, newspaper or other print.
7 TERMINATION OF THE EVENT
7.1 You accept and agree that if You cancel any Booking for
Services provided by THF’s (or if you request a transfer of
your Booking to another participant) You will forfeit the whole
of the Fees.
7.2 You accept and agree that THF may seek to recover any of
the above fees from you as a liquidated debt.
8 LIABILITY AND INDEMNITY
8.1 The following limitations of liability apply:
(1) You acknowledge and agree that THF will not be liable to
You for:
(a) any loss or damage of any kind that is directly or
indirectly caused by or results from Your attendance
at the Event, the provision (or non-provision) of the
Services, these Terms and Conditions or the matters
to which they relate or are in any way connected to it;
and/or
(b) any direct, incidental, special or consequential
damages, including loss of profits or anticipated
profits, even if notified of the possibility of that
potential loss or damage;
to the extent that it is not directly caused by THF’s wilful
or negligent act or omission;
(2) You release THF from any liability or claims including, but
not limited to:
(a) any personal injury, illness or death caused to You;
and
(b) any breach of Your obligations;
to the extent that any liability or claim is not directly
caused by THF’s wilful or negligent act or omission;
(3) You acknowledge and agree that the limitations of liability
in this clause 8.1 are essential to THF and THF would not
have agreed to enter into an agreement with You in their
absence;
(4) You indemnify THF for:
(a) all losses and expenses THF incurs (including legal
costs on an indemnity basis); and
(b) all liabilities THF incurs;
directly or indirectly caused by or resulting from any
breach of these Terms and Conditions or from any
wrongful, wilful or negligent act or omission by You;
(5) any representation, warranty, condition or undertaking
that would be implied in these Terms and Conditions by
legislation, common law, equity, trade, custom or usage
is excluded to the fullest extent permitted by law; and
(6) THF’s total aggregate liability for all claims relating to
these Terms and Conditions is limited to the Fees
payable under these Terms and Conditions;
8.2 These Terms and Conditions are to be read subject to any
legislation which prohibits or restricts the exclusion, restriction
or modification of any implied warranties, guarantees,
conditions or obligations. If such legislation applies, to the
extent possible, THF limits its liability in respect of any claim
to any amounts paid pursuant to these Terms and Conditions.
8.3 You are wholly responsible for arranging your own insurance
and you acknowledge and agree that THF’s insurance
policies do not extend to covering you against any costs, loss
or damage associated with the Services and accordingly You
are responsible for ensuring that you have adequate
insurance in connection with the Services.
9 CONFIDENTIALITY
9.1 You agree not to disclose any confidential information or allow
it to be disclosed any person or related corporation except:
(1) with THF’s prior consent; or
(2) in accordance with any lawful requirement.
9.2 Except as allowed for above, THF reserves the right to refuse
to provide any details or information (including confirmation as
to whether You have a Booking with THF) relating to Your
Services to any person who requests them, and You
indemnify THF from any costs, loss or damage you suffer as a
result of THF’s refusal.
10 PRIVACY AND DATA PROTECTION
10.1 Collection and use of Your personal information is governed
by THF’s Privacy Policy and You acknowledge that You have
read and understood this.
11 FORCE MAJEURE
11.1 THF will not be liable for any loss incurred by You as a result
of any required alterations or cancellation of any or all of the
Services or to observe any of these terms due to an event of
Force Majeure.
11.2 During the continuance of an event of Force Majeure, THF’s
obligations under these conditions will be suspended.
12 CHANGES TO THESE TERMS AND CONDITIONS
12.1 THF may vary these Terms and Conditions from time to time.
Any amendment to these Terms and Conditions will have
effect on and from the date that is seven (7) days after THF
gives notice to You of such change. If the change materially
affects the Your rights under this Agreement, You may give
30 days’ written notice to THF terminating these Terms and
Conditions and your Booking.
13 ACCEPTANCE OF THESE TERMS AND CONDITIONS
13.1 Your acceptance of these Terms and Conditions is confirmed
by the completion of the Booking Form.
14 GENERAL TERMS
14.1 If a provision in these Terms and Conditions is wholly or partly
invalid or unenforceable in any jurisdiction, that provision or
the part of it that is invalid or enforceable must, to that extent,
and in that jurisdiction, be treated as deleted from these
Terms and Conditions. This does not affect the validity or
enforceability of the remaining provisions in that jurisdiction,
or of the deleted provision in any other jurisdiction.
14.2 THF may assign or otherwise deal with the benefit of any
contract made pursuant to these Terms without Your consent.
14.3 All contracts made between You and THF shall be governed
by and construed in accordance with the laws of the State of
Queensland. You agree to submit to the non-exclusive
jurisdiction of the Queensland courts for all purposes of or in
connection with such contract.
14.4 These Terms and Conditions are subject to copyright. No part
of it should be reproduced, adapted or communicated without
the prior written consent of the copyright owner.
15 HEALTH AND FITNESS
15.1 You acknowledge that:
(1) You are physically fit to participate in the hiking trip and
are in good health, physical and mental condition;
(2) You have disclosed any medical conditions (including
but not limited to pre-existing medical conditions,
prescribed medications, allergies, previous injuries and
dietary requirements) or concerns to THF prior to
Booking;
(3) the Event may require a moderate to high level of fitness
and a degree of mental and physical stamina;
(4) You will notify THF in writing immediately upon any
adverse change in Your health or mental and physical
fitness that may be likely to affect Your participation in
the Event; and
(5) You will obtain a medical clearance from a health
professional upon request by THF in its absolute
discretion.
15.2 THF reserves the right to refuse Your Booking to participate in
the Event if You are not deemed to be of a good health as
determined by THF in its absolute discretion. In these
circumstances, THF’s standard termination provisions will
apply.
15.3 THF recommends that you consult your physician before
Booking, especially if you have pre-existing health conditions.
You should be aware of the physical demands of the trip and
make sure you are adequately prepared.
15.4 In case of injury or illness during the trip, all costs related to
medical treatment, evacuation, or other emergency services
will be Your sole responsibility and You agree to indemnify
THF for any costs, loss or damage suffered by THF arising
from the same.
