Dated 01 June 2021
"YHA" for the purposes of this declaration means and includes YHA Australia (YHA Ltd), its officers, servants, licensees, invitees, customers or agents (including voluntary leaders).
"The Club" refers to the YHA Cross Country Ski Club, and includes its officers, servants, licensees, invitees, customers or agents (including voluntary leaders).
"Activity" refers to any activity or event organised by YHA or The Club, and includes any travel organised or provided by YHA or The Club before, during and after the actual event.
To participate in any trip, you must read and accept these terms and conditions.
By ticking the box labelled "Have you read and accepted the terms and conditions?" on the booking form, you are indicating your acceptance of these terms and conditions.
This document cannot be amended. If you do amend it, your application will be null and void and it will not be accepted by YHA.
If your booking is accepted you will be permitted to participate in the Activity, subject to you complying with the terms and conditions of the Activity, this declaration and any reasonable direction issued by the Activity organisers or their representatives.
By participating in the activities of YHA Cross Country Ski Club, you acknowledge and agree that:
COVID-19: You must read The Club's COVID-19 Requirements before booking and/or joining a trip or activity. You must comply with these COVID-19 Requirements before and during any Club-organised activity, event or trip that you attend. Furthermore, you must notify the trip leader immediately if you test positive for COVID-19 within 14 days of the end of trip.
Insurance: You understand and acknowledge that no personal insurance cover is included or provided by YHA or The Club. Any loss or damage sustained by you is your responsibility. You can, in your own interests, seek and obtain personal medical, ambulance, and travel insurances. We strongly advise having ambulance cover, and for overseas visitors not covered by Medicare, a suitable form of travel insurance that includes medical cover for sports injury.
Warnings: Participation in the Activity can be inherently dangerous. Risks include but are not limited to overexertion, equipment failure, dehydration, hypothermia, broken bones, and other serious accidents. Snow conditions and severe weather conditions can and often do happen which may result in you being personally injured or your property being damaged. You acknowledge that you have read and understood this warning and accept and assume the inherent risks in the Activity.
Exclusion of Liability: Except where provided or required by law and as such cannot be excluded, you agree that it is a condition of your entry to the Activity that YHA and The Club are absolved from all liability however arising from injury or damage however caused (whether fatal or otherwise) arising out of your participation in the Activity.
Release and Indemnity: In consideration of YHA accepting your application for participation into the Activity, (including for the period of travel to and from the said activities), you agree to:
(a) release and forever discharge YHA and The Club from all Claims that you may have or may have had but for this release arising from or in connection with your participation in the Activity; and
(b) indemnify and hold harmless YHA and The Club to the extent permitted by law in respect of any Claim by any person including but not only another participant in the Activity arising an a result of or in connection with your participation in the Activity. ("Claim" means and Includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising but does not include a claim in respect of any action, suit, etc made by any person entitled to make a claim under a relevant Activity insurance policy.)
Fitness to Participate: You declare that you are medically and physically fit and able to participate in the Activity. You agree that you are not and must not be a danger to yourself or to the health and safety of others. If, between the time of accepting these Terms and Conditions and before the start of the trip there is any change to your fitness and ability to participate, you will immediately notify The Club in writing. If, after commencing the trip there is any change to your fitness and ability to participate, you will immediately notify the trip leader. You acknowledge that while in the snow, bush, or wilderness area, you must continue to fully co-operate with any directions or advice given by the trip leader in regard to your safety, until such time that you are safely out of said area. You understand and accept that YHA will continue to rely upon this declaration as evidence of your fitness and ability to participate.
Privacy: You understand and acknowledge that the information you have provided is necessary for the conduct of the Activity and for the Objectives of YHA and The Club. If the information is not provided your application may be rejected. YHA and The Club agree that the information you provide will be used only by YHA and The Club to facilitate the conduct of the Activity and other Activities conducted by YHA and/or The Club. You may request access to your information through YHA.
Copyright and right to use Image: You acknowledge and consent to photographs being taken of you during your participation in the Activity. You acknowledge that then photographs are owned by YHA and that YHA may use the photographs for promotional or other purposes without your further consent being obtained.
Consent to medical treatment: You consent to receiving any medical treatment that the Activity organisers or their authorised representatives consider necessary or desirable during or after the Activity.
Prevailing conditions: The Activity and the conduct thereof, and participation in the Activity will be affected by weather and associated conditions. Given there is often an element of the "luck of the prevailing conditions" in participating and/or competing in the Activity, you acknowledge and agree that the Activity organiser cannot control the weather and associated conditions.
Sexual harasment and other forms of harassment:
It's very important to the YHA Cross Country Ski Club of Victoria that all our trip participants have FUN enjoying the snowy outdoors with like-minded individuals without being harassed or made to feel uncomfortable in any way, shape or form.
Sexual harassment, unwelcome advances and requests for sexual favours from any participant in our club WILL NOT BE TOLERATED. . This may simply include offensive remarks about a person's gender or sexual orientation – for example making offensive comments about women in general could constitute harassment, regardless of the gender of either the harasser or harassed.
Further, ANY OTHER verbal or physical harassment, bullying or other intimidating behaviour from any club member or participant is also UNACCEPTABLE. Therefore be careful about teasing, offhand comments or “just kidding around”, even if the person you are chatting with seems OK with it. There might be someone else who overhears and is offended by what you are saying. Remember to respect everyone's personal boundaries and let's keep an eye out for each other.
PLEASE REPORT any incident to the relevant Trip Leader and/or Co-Leader so it can be investigated. Trip Leaders and Co-Leaders have the authority to REMOVE any participant, at any time, for any reason that is deemed necessary to maintain group enjoyment and safety. The YHA Cross Country Ski Club of Victoria also reserves the right to SUSPEND or BAR any individual from participation in club trips and events.
If you need to cancel, please advise the leader as soon as possible, so that someone else has the opportunity to attend.
If you have made your payment but need to cancel, unfortunately no refund will be available as the club still incurs the cost.
If the trip is cancelled by the club (ie COVID government restrictions / government lockdown), then you will receive a refund (NB: For the week long Dinner Plain trip, it would be a credit to another trip as this is what the club receives from the accommodation provider).
Non accommodated trips:
May be cancelled up to the date of departure, but will incur a $5.00 handling fee for refunds.
If the club cancels a trip (usually because of poor conditions or too few participants) your money will be refunded in full, or may be put towards another trip of your choice.