Risk Warning, Deed of Release, and Liability Waiver

1. Risk Warning

Sections 5I and 5O of the Civil Liability Act 2002 (WA)

The Participant acknowledges that participating in guided single-day or multi-day hiking, bushwalking, and remote wilderness camping (the “Activities”) involves significant, inherent, and obvious risks. These Activities take place in rugged, remote, and uncontrolled natural environments, specifically including but not limited to the Bibbulmun Track and Western Australian National Parks.

By signing this document, the Participant explicitly acknowledges and voluntarily accepts the following specific risks:

• Environmental Hazards: Exposure to extreme, volatile Western Australian weather conditions, including severe heatwaves, dehydration, hyperthermia, hypothermia, sudden storms, lightning strikes, flash flooding, and smoke inhalation.
• Terrain Hazards: Navigating unpredictable trail surfaces, including loose gravel, pea gravel, slippery rocks, fallen logs, steep inclines, uneven ground, river or inlet crossings, and hazards from falling tree limbs both on the trail and within designated campsites or shelters.
• Nighttime and Campsite Hazards: Risks of slipping, tripping, or falling in low-light or total darkness conditions while navigating unlit terrain around Bibbulmun Track three-sided shelters, tent sites, picnic tables, fire pits, and drop toilets.
• Wildlife Interactions: Exposure to venomous or dangerous wildlife native to Western Australia, including but not limited to Dugites, Tiger snakes, venomous spiders, ticks, scorpions, stinging insects, and feral animals.
• Water and Sanitation Risks: Total reliance on untreated, non-potable rainwater tanks at Bibbulmun Track shelters. The Participant acknowledges that the Department of Biodiversity, Conservation and Attractions (DBCA) does not treat this water, and consumption carries inherent risks of waterborne illness, bacterial infection, and gastrointestinal distress.
• Remote Isolation and Medical Delays: The Activities operate in deep backcountry areas with extensive communication blackspots (zero mobile phone reception). In the event of injury, medical emergency, or bushfire, rescue response times by emergency services, ambulance, or the Royal Flying Doctor Service (RFDS) may be severely delayed by hours or days due to geographic isolation, terrain accessibility, and weather conditions.
• Force Majeure: Sudden trail closures, park evacuations, or catastrophic bushfires managed by Emergency WA, DBCA, or other state authorities.

2. Participant Self-Sufficiency and Warranties

As a fully self-catered and self-equipped trek, the Participant warrants and agrees to the following conditions:

• Participant-Supplied Gear: The Participant is solely responsible for sourcing, inspecting, maintaining, correctly fitting, and carrying all of their own equipment (including backpacks, footwear, clothing, tents, sleeping systems, navigation tools, and personal safety equipment). The Guide accepts no liability for any injury, exposure, illness, or loss caused by the failure, breakdown, inadequacy, or poor fit of any gear supplied by the Participant.
• Load-Bearing Physical Strain: The Participant warrants that they are physically fit and have trained adequately to carry a fully loaded multi-day trekking pack (typically 15kg-20kg) over long distances and challenging terrain.
• Self-Catered Food and Hygiene: The Participant is entirely responsible for supplying, storing, hygienically handling, and preparing their own food and water filtration. The Guide is completely excluded from any liability regarding foodborne illnesses, food poisoning, allergic reactions, anaphylaxis, or nutritional deficiencies.
• Camping Stove Hazards: The Participant assumes all risks associated with operating their own lightweight camping stoves, open flames, pressurized fuels, and boiling liquids, including the risks of severe burns, explosions, or accidental bushfires.
• Medical Declarations: The Participant warrants that they have accurately disclosed all pre-existing medical conditions (for example, asthma, cardiac issues, severe allergies or anaphylaxis requiring an EpiPen) to the Guide prior to departure, and will carry any required personal prescription medications at all times.

3. Exclusion of Liability and Release

Section 139A Australian Consumer Law

To the maximum extent permitted by law, the Participant agrees to exclude, restrict, or modify the liability of the Guide for any personal injury, mental injury, disease, or death arising from a failure to comply with the statutory consumer guarantees under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law (WA).

Crucial Carve-out: This exclusion of liability does not apply if the personal injury or death was caused by “reckless conduct” on the part of the Guide, as defined under Section 139A(5) of the Australian Consumer Law.

The Participant forever releases, discharges, and holds harmless the Guide from any and all claims, demands, legal actions, or losses arising out of or in connection with the Activities, whether arising under contract, tort (including negligence), or statutory breach, to the extent permitted by Western Australian law.

4. Jurisdiction and Severability

This agreement is governed exclusively by the laws of the State of Western Australia. The Participant and the Guide irrevocably submit to the exclusive jurisdiction of the courts of Western Australia in respect of any dispute arising out of this document. If any clause or part of a clause in this document is found to be illegal, void, or unenforceable by a court, that clause or part shall be severed, and the remainder of the document will continue in full force and effect.

5. Execution Sections

The applicable acknowledgement will be presented for completion in the booking waiver system.