Terms & Conditions
TOOWOOMBA HOSPITAL FOUNDATION (THF)
EVENT TERMS & CONDITIONS
TREK THE TRAIL 2026
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-to-time;
(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 2026;
(4) Event Date means 29 August 2026 and/or 30 August 2026 or the date/s 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) Minimum Fundraising Amount has the meaning set out in clause 16.1;
(8) Personnel means THF’s employees, contractors or agents;
(9) Privacy Policy means THF’s privacy policy located on its website;
(10) Recreational Activity means any participation in the Event, including walking, running, swimming, riding, support crew activities (including associated activities and training), and any recreational service for the purposes of section 139A of the Competition and Consumer Act 2010 (Cth);
(11) 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;
(12) Tally Day has the meaning set out in clause 16.8;
(13) Toowoomba Hospital Foundation/THF means Toowoomba Hospital Foundation ABN 29 572 118 270;
(14) Venue means the venues and places described in the Booking Form; and
(15) 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 participating in 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.
2.5 All participants must be 16 years old or over on the Event Date. If an entrant is under 18 years of age, a parent or guardian must read these terms and conditions of entry and accept them on behalf of the entrant. If an entrant is under 18 years of age they must also be accompanied by an adult when participating in the Event. Such adult is responsible for ensuring the child complies with the Event’s rules, behaves safely, and has appropriate consent to participate.
2.6 By completing the booking form and participating in the Event, You (including any relevant parent or guardian) acknowledge that the event may involve underage participants and You warrant that You are not (and have not ever been) a person recorded on the Australian Child Offender Register or similar register.
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 non-refundable, 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 You acknowledge and agree that the Event is not a race. It is a fundraising and endurance challenge.
5.2 All persons participating in the Event must conduct themselves in an orderly manner and in full compliance with applicable laws and all Event rules as notified by the THF to You. 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.
5.3 THF reserves the right to terminate the Event or remove any guest from the Event or any Venue whose behaviour is objectionable or undesirable, in THF’s sole discretion.
5.4 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.
5.5 Pets, except guide dogs and approved service dogs, are not permitted. If You would like a service dog to accompany you through the Event then You must obtain prior approval (which will not be unreasonably withheld) for this by contacting the THF prior to the Event by email to events@toowoombahospitalfoundation.org.au.
5.6 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.
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 You will forfeit the whole of the Fees if You cancel any Booking for the Services provided by THF.
7.2 You may request to transfer Your Booking to another participant by submitting a written request to THF by email to events@toowoombahospitalfoundation.org.au.
7.3 Requests must be received no later than 1 month prior to the Event and are subject to THF’s approval.
7.4 If a transfer is approved in accordance with this clause:
(1) the proposed replacement participant must complete and submit a new Booking Form and comply with all applicable terms and conditions;
(2) the Fees paid in respect of the original Booking will be credited towards the replacement participant’s Booking; and
(3) any fundraising raised by You is not transferable and will not be credited towards the replacement participant.
7.5 The new participant is expected to reach the Minimum Fundraising Amount.
7.6 Requests for Booking transfers within 1 month of the event date will only be considered by THF under extenuating circumstances and are subject to THF’s approval.
7.7 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 participation in 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 WARNING UNDER THE COMPETITION AND CONSUMER ACT 2010 (CTH)
9.1 Your decision to participate in the Event is entirely voluntary.
9.2 You understand that:
(1) undertaking any Recreational Activity involves inherent risks, and you have assessed these risks before agreeing to participate and/or giving your consent for the participant to participate; and
(2) each participant will be exposed to the possibility of injury even if they act safely whilst undertaking any Recreational Activity.
9.3 As a condition of entry into the Event:
(1) You have undertaken sufficient training for the Event; and
(2) You accept all risks necessarily flowing from Your participation in the Event, including but not limited to loss of life or permanent injury.
9.4 To the extent permitted by section 139A of the Competition and Consumer Act 2010 (Cth), THF will not be liable for any:
(1) death;
(2) physical or mental injury of an individual;
(3) contraction, aggravation or acceleration of a disease of an individual; or
(4) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form or behaviour, course of conduct or state of affairs in relation to an individual:
(a) that is or may be harmful or disadvantageous to the individual or community; or
(b) that may result in harm or disadvantage to the individual or community, except where the liability arises from the THF’S reckless conduct.
9.5 If You accept these Terms as provided for in clause 21, You will be agreeing that your rights to sue the supplier under the Competition and Consumer Act 2010 (Cth) are excluded, restricted or modified in the way set out in this form because the services provided were not in accordance with the statutory guarantees set out in the Australian Consumer Law (Cth).
9.6 The change to your rights under the Competition and Consumer Act 2010 (Cth), as set out in this form, does not apply if your injury is due to reckless conduct on THF’s part. THF’s conduct will be reckless conduct if the THF is aware, or should reasonably have been aware, of a significant risk that the conduct could result in personal injury to another person, and engaged in the conduct despite the risk and without adequate justification. See section 139A(5) of the Competition and Consumer Act 2010 (Cth).
10 CONFIDENTIALITY
10.1 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.
10.2 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.
11 PRIVACY AND DATA PROTECTION
11.1 Collection and use of Your personal information is governed by THF’s Privacy Policy and You acknowledge that You have read and understood this.
11.2 You must provide an emergency contact name and phone number and You agree that the THF may contact that person and exchange personal information with them in each case of an emergency.
11.3 You consent to receiving SMS and/or email messages containing general information, safety instructions or emergency management information relating to the Event.
11.4 You consent to THF collecting Your personal information, including video and still footage taken of You during the Event and the publishing of limited personal information on leaderboards and prize winners’ details on a public domain during and following the Event.
11.5 You consent to your personal information being shared with third parties engaged as part of the Event, in accordance with THF’s Privacy Policy.
12 INTELLECTUAL PROPERTY RIGHTS
12.1 All intellectual property rights in any digital content of You and all other participants created in connection with the Event will vest in and remain with THF, and THF will at any time in the future be entitled to use all such digital content (including photographic, video, audio or any other content).
12.2 You grant a perpetual, fee-free licence to THF to use any digital content in any medium and for any purpose, which could include but is not limited to advertising, promotion, marketing, fundraising and/or packaging for any product or service at any time in the future.
13 ROUTES
13.1 Route maps are available on the THF website.
13.2 You must follow the route markers and demonstrate self-navigation with the digital map provided and a hard copy map guide. You must have the online map downloaded to your phone as well as (at least) 1 hard copy map with You throughout your participation in the Event.
13.3 You must participate in the course and distance stated on your registration and you must follow the route for the part of the Event for which You are registered and must remain at all times within the determined course.
13.4 You acknowledge that there are various checkpoints across the course and you must ensure that you meet such checkpoints within the designated timeframe. If You do not reach a checkpoint before closing time (as notified by THF), you will be contacted and required to withdraw from the Event.
13.5 By participating in the Event, you acknowledge that the Event route includes road and water crossings. You agree that You are solely responsible for navigating these crossings in a safe and lawful manner and entirely at your own risk.
14 EVENT SAFETY
14.1 You must download the Emergency + App and You must have Your phone with this app always installed with You during the Event.
14.2 You acknowledge that you are responsible for obtaining the required personal safety equipment which includes as a minimum:
(1) a mandatory headtorch for use in low light conditions.
(2) a mandatory first aid kit (including a pressure bandage, space blanket, blister kit and any personal medication required); and
(3) a small day pack with provisions to ensure You are self-sufficient for the Event with food and hydration. You must carry a minimum of 2 litres of water.
14.3 It is recommended that you do not walk alone for safety reasons, however should you chose to walk alone you do so at your own risk.
14.4 You must wear any Event bib or similar issued by THF on the front of your torso and over your clothing for the duration of the Event.
14.5 If You are required to withdraw from the Event or require assistance due to a non-life-threatening illness or injury, you must immediately contact the Trek Tribe using the telephone number listed on the Safety Card provided to all participants in the Event.
14.6 In the event of an emergency, including but not limited to a serious or life-threatening injury, bushfire or other immediate danger, you must immediately call 000 and provide your precise location as identified in the Emergency+ App.
14.7 After contacting emergency services (where applicable), you must notify the Trek Tribe as soon as it is reasonably practicable to do so.
15 HEALTH AND FITNESS
15.1 You acknowledge that:
(1) You are physically fit to participate in the Event and are in good health, physical and mental condition and you recognise the difficulties of the Event;
(2) participating in the Event may involve a real risk of serious injury or even death from various causes including over exertion, dehydration, and serious accidents with other participants, spectators or road users, and weather conditions. Without limiting the foregoing, it is Your responsibility to take appropriate measures in relation to these risks including to remain hydrated during the Event;
(3) 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;
(4) the Event may require a moderate to high level of fitness and a degree of mental and physical stamina;
(5) 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;
(6) You will obtain a medical clearance from a health professional upon request by THF in its absolute discretion; and
(7) You must ensure that your ability to participate in the Event is not significantly impaired by alcohol or drugs. You must maintain a safe, prudent and respectful behaviour at all times during the Event and You must not behave in a manner that is offensive or aggressive, is contrary to law or is otherwise inappropriate.
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 Event and make sure you are adequately prepared.
15.4 You consent to receive first aid treatment by appropriately trained personal, including ambulance transport, that may be deemed advisable in the event of injury, accident and/or illness during the Event, In case of injury, accident and/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.
16 FUNDRAISING
16.1 You are aware and committed to raising a minimum $500 by the Event Date as stipulated in the registration process (the Minimum Fundraising Amount). This assists THF to enhance healthcare across the Darling Downs.
16.2 If 50% of the Minimum Fundraising Amount is not met by 1 August 2026, You acknowledge and agree that THF will contact you to provide support and assistance in aid of reaching your Minimum Fundraising Amount
16.3 Please note that THF will not offer refunds for any donations made. Every donation supports THF’s mission of enhancing healthcare across the Darling Downs.
16.4 Your fundraising amount is not transferrable to another participant.
16.5 Any participant under 18 years of age using THF’s fundraising platform to create a fundraising page must do so under the supervision of a parent or legal guardian of the participant.
16.6 Incentives (the number and nature of which will be decided by THF) may be awarded to participants (either as individuals or teams) in relation to their fundraising. Employees and their immediate family members are not eligible to receive any fundraising incentives.
16.7 All fundraising during the event is conducted on the basis of THF’s authority to fundraise. All funds raised from the event go to the THF. Raising funds for any other charity is not permitted. You agree to be bound by the relevant state fundraising legislation and to abide by the charity fundraising guidelines.
16.8 All donations must be received by midnight on 6 September 2026 (Tally Day), to be counted towards your fundraising total.
16.9 THF may at any time and without the need to give reasons, withdraw your authority to fundraise by notification in writing. Should this occur, all fundraising must cease immediately, and all fundraising monies be remitted to THF within seven days.
16.10 All cash donations received in person must be 'paid in' through your individual online fundraising account within two weeks of receipt and no later than midnight on the Tally Day.
17 INSURANCE
17.1 Prior to attending the Event, You warrant that you have personally adequate insurance coverage in the event of any accident or injury.
17.2 Prior to attending the Event, You should seek professional advice advising on the level of cover required regarding:
(1) Private Health Insurance;
(2) Private Property Insurance;
(3) Income Protection Insurance; and
(4) Life Insurance;
18 FORCE MAJEURE
18.1 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.
18.2 During the continuance of an event of Force Majeure, THF’s obligations under these conditions will be suspended.
19 CHANGES TO THESE TERMS AND CONDITIONS
19.1 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.
20 GENERAL TERMS
20.1 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.
20.2 THF may assign or otherwise deal with the benefit of any contract made pursuant to these Terms without Your consent.
20.3 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.
20.4 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.
21 ACCEPTANCE OF THESE TERMS AND CONDITIONS
21.1 Your acceptance of these Terms and Conditions is confirmed by the completion of the Booking Form.
