DISCOVER YOUR ABILITIES TERMS AND CONDITIONS

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1 DISCOVER YOUR ABILITIES TERMS AND CONDITIONS Disclaimer The Discover Your Abilities campaign gives you the opportunity to take part in adventure sports such as Kiteboarding, Rally Driving, Skydiving, Abseil and flying fox, Kayaking, White Water Rafting, Sailing and Swimming with Dolphins. Such sports necessarily involve a risk of injury or death regardless of the standard of training, supervision and equipment employed. By completing the online registration, you acknowledge that you are aware of all the risks inherent in Discover Your Abilities activities. You certify that you a) are and will continue to be medically and physically fit and able to undertake the activity b) are not a danger to yourself or to the health of others c) have not at any time suffered any blackout, seizure, convulsion, feinting or dizzy spells and d) are not currently receiving any treatment for any condition, illness, disorder or injury which would render it unsafe for you to take part in your chosen activity. In consideration of being permitted to participate in Rocky Bay s Discover Your Abilities activities, you assume full responsibility for any injury or loss that may occur in connection with your participation, and you, on behalf of yourself, your successors in interest, heirs, assigns, and representatives hereby fully release and agree to hold harmless Rocky Bay, other event sponsors, their employees, officers, directors and agents from any and all liability, claims, rights, or actions for death, bodily injury, property damage or any other loss or inconvenience whatsoever, suffered by you or caused by you, at any time hereafter occurring as a result of your voluntary participation in the Discover Your Abilities activity. You are aware that you must be of the following ages to participate. Anyone under 16 years of age must ensure they only use the Everyday Hero registration and donor management system under the supervision of an adult and must also be accompanied by a parent or legal guardian at the activity. The waiver form you will need to complete for the Activity Provider will also include a place for your parent or guardian to sign. Minimum ages: Abseil and flying fox 12 years or over Kayaking any age Kiteboarding 9 years or over Rally Driving 14 years or over (but you must be able to drive a manual car) Sailing 14 years or over Skydiving 12 years or over (under 18 must be accompanied by a parent or guardian)

2 Swimming with dolphins 6 years or over White water rafting 12 years or over You authorise Rocky Bay, or anyone authorised by Rocky Bay to use a) your name and/or b) any photographs or video of you taken during the event or training for the event to promote or advertise any Discover Your Abilities event. Such promotion or advertising may include, but is not limited to, the publication, display and exhibition of your name, and/or your photographs and/or your videos. You agree that any photographs or video footage taken of you during your Discover Your Abilities activity, including negatives and reproductions are the sole property of Rocky Bay with full right of disposition in any manner whatsoever. This does not include photographs and video taken during Skydive Express Skydives which are included for you as part of the jump package. Insurance Should you wish to take out cover for personal injury you should arrange this through your personal insurance broker. You acknowledge and agree that personal injury insurance is not included when you register for a Discover Your Abilities activity. You are welcome, in your own interests, to seek and obtain personal injury insurance at your own cost. You will be asked by activity providers to sign a waiver of liability for them before you take part in the activity. For the Skydive activity, you will be able to purchase personal insurance on the day for $30. For the Leeuwin Ocean Adventure, you are strongly advised to purchase your own insurance and they will be able to give you details of insurance providers, though will not be able to provide financial advice. Privacy consent By registering for a Discover Your Abilities activity, you consent to Rocky Bay using your information to process your registration, to offer other products and services, to determine your likely interest in donating funds to Rocky Bay or being involved in the Rocky Bay volunteer network. Rocky Bay is committed to protecting your privacy and will not pass your information on to third parties except to the activity providers in fulfilment of the chosen activity. If you do not wish to receive further information from Rocky Bay please call Minimum fundraising requirements and banking deadlines Each participant must exceed his or her minimum Donation Target in order to participate in the event. Participants who have not banked sufficient funds to exceed their target, or who cannot provide proof that sufficient funds have been secured (e.g. via matching gift programs) will not be allowed to participate. Once you have reached your donation target, you will be eligible to book your place. Activity places are subject to availability and will be at least 1 month after you notify Rocky Bay of your intention to book. In the case of the Leeuwin Ocean Adventure, it will be at least 3 months afterwards. If places are full, you will be booked onto the next available activity date that is convenient for you. Minimum fundraising amounts (Donation Targets) for each activity are as follows: Abseil and flying fox $500 Kayaking $300 (half day); $3,000 (five day) Kiteboarding $1,800 Rally Driving $2,300

3 Sailing $4,000 Skydiving $1,400 Swimming with dolphins $600 White water rafting $800 You have a maximum of one year to reach your minimum fundraising amount (Donation Target). If you have not reached it within one year of the date you registered, we will contact you to confirm you no longer want to do the activity and the monies you have raised up until then will go to Rocky Bay. Refund and cancellation policy The money raised by you for Rocky Bay as part of the Discover Your Abilities campaign is non-refundable. None of the monies raised through Everyday Hero or sent direct to Rocky Bay will be refunded in the event you decide not to do the activity. If you cancel within the activity provider s minimum cancellation period, or do not show up at an agreed booking time and place, you will forfeit the activity completely. If you need to change the booking date of your activity, you will be able to change to an alternative Discover Your Abilities activity date, providing you have notified the activity provider and Rocky Bay before reaching the activity provider s minimum cancellation period. Minimum cancellation periods for each activity are 3 days, except for the sailing (Leeuwin Ocean Adventure) which is 60 days, Kayaking 5 day trips (Rivergods Kayak Adventures), which is 14 days, and Abseiling and White Water Rafting (Adventure Out), which are 8 days. If the activity cannot take place due to weather conditions, or other extenuating circumstances as notified by the activity provider, you will be able to rebook for a future Discover Your Abilities activity date. If you decide not to do the Discover Your Abilities activity you have chosen, you will not be able to transfer the funds you have raised onto an alternative activity. You will need to reregister for the new activity and start your fundraising again. Activity providers The activity providers for the Discover Your Abilities activities are detailed below. These may be subject to change over time. If you have registered for a particular activity and Rocky Bay changes the activity provider arrangements, you will still be eligible to do the activity with the original provider up to 12 months after your initial registration date. If any activity provider s arrangements have been discontinued from the Discover Your Abilities campaign due to safety or other concerns, or if they cease trading entirely, Rocky Bay reserves the right to find an alternative activity provider for that activity so that you can still do the activity. In some cases the specific detail of the activity may differ slightly as a result. Activity Providers are currently as follows: Abseil and flying fox Adventure Out Australia Kayaking Rivergods Kayak Adventures Kiteboarding Elemental Surf (Elemental Kiteboarding)

4 Rally Driving Rally Action Driver Training Sailing Leeuwin Ocean Adventure Foundation Skydiving Skydive Express Swimming with dolphins Rockingham Wild Encounters White water rafting Adventure Out Australia Authority to Fundraise Rocky Bay grants to registered participants of Discover Your Abilities the authority to collect money on its behalf up until one year after your registration date, provided all money collected is deposited into Everyday Hero or forwarded to Rocky Bay including your name, address, postal code, phone number and address. All funds raised as a result of participation in the Discover Your Abilities activity must be remitted to Rocky Bay. Fundraising Events You may want to organise your own event to raise funds for Rocky Bay and get you closer to your donation target. This may take the form of a quiz, auction, party or similar. To help you organise your event, the following list of points should be read and adhered to in order to protect all participating parties. If you have any questions, contact Rocky Bay on and we will be more than happy to assist you. The organiser of any fundraising event or activity needs to abide by all State charities legislation and apply for any permits and authorities that may be required. This includes all raffles, bingo, vending tickets, other games of chance or any public appeal. Copies of permits must be sent to Rocky Bay Marketing. For more information on rules and regulations, go to The organisers must agree and acknowledge that only Rocky Bay s Directors are authorised to approve spending of any funds raised. Organisers wishing to use Rocky Bay s name must gain approval from Rocky Bay. Rocky Bay will not supply our logo to you but we may be able to provide template materials such as a posters for you. Rocky Bay s insurance policy does not cover all events conducted by external organisations or people. Organisers are advised to contact Rocky Bay to ascertain if their event is covered. It is the organisers responsibility to ensure they have the relevant insurance and indemnity considered necessary for any event that involves the general community or individual members of the public. All publicity in reference to the fundraising event/activity should clearly state that the event/activity is being organised by yourself or your company. It must be made clear in all promotional material that Rocky Bay is either the only beneficiary, or is one of a number of charities benefiting from the event. The organisers must not represent themselves as having any agency relationship with Rocky Bay. The organisers must not incur any expenses in the name of Rocky Bay. All proceeds of the event held in Rocky Bay s name are to be remitted within four weeks of completing the event or activity. The organisers must fill in the External Fundraising Proposal and Notification form (available in the resources section at or from

5 and return it to Rocky Bay s Marketing department for approval before conducting an event. Once your event has been approved, Rocky Bay will nominate an event number to you or your organisation. To assist Rocky Bay in processing all queries quickly, please quote the event number in all correspondence. By completing the online registration for a Discover Your Abilities activity, you confirm that you have read all of the above sections, and you understand and agree to be bound to those terms and conditions and to comply fully with the same. Incident resolution In the case of any personal accident, injury or loss whilst doing an activity, the Activity Provider will be responsible for arranging first aid, hospital treatment, transport and/or evacuation. Rocky Bay has taken steps to ensure Activity Providers have procedures in place to deal with such occurrences but cannot take responsibility for the Activity Providers actions. Please notify Rocky Bay as soon as possible after the incident on or marketing@rockybay.org.au so that we are aware of the incident and can ensure appropriate action has been taken or will be taken in the future. Complaints process If you wish to make a complaint, please contact Rocky Bay Marketing on or marketing@rockybay.org.au in the first instance. Activity related complaints should be directed to the Activity Provider but Rocky Bay should also be informed. Complaints related to the Discover Your Abilities campaign will be dealt with by Rocky Bay. We will acknowledge your complaint within one working day and will endeavour to keep you informed of responses and outcomes. If you are not satisfied with our response, you can escalate the complaint following the standard complaints process detailed at ADDITIONAL TERMS AND CONDITIONS ACTIVITY PROVIDERS Once you have raised sufficient funds to book your Discover Your Abilities activity, you will need to contact Rocky Bay on to make your booking. Your booking confirmation will be sent to you from the Activity Provider who will also ask you, either before the event or on the day, to sign a waiver form and/or application form. Those forms will contain full terms and conditions for the activity. The terms and conditions noted below are a summary of some of the key conditions of the Discover Your Abilities activity. It is provided at this stage so that you have clarity of the terms before you begin fundraising. Please note that these are NOT the full terms and conditions. ABSEIL AND FLYING FOX SUMMARY OF TERMS AND CONDITIONS ADVENTURE OUT

6 You will need to complete a medical questionnaire and assumption of risk form prior to taking part. You agree that you will not take any legal or illegal substance before or during the program that may affect your judgement or physical responses during the program. You are aware that during your participation in any program arranged by Adventure Out, its employees or agents, certain risks or dangers may occur which may include, amongst others: o involvement in physical activity and exertion; o bodily injury and/or illness including the potential for permanent disability and death; o possible equipment failure, malfunction or operator error; o hazards of participating in activities outdoors and/or at height; o your own negligence and/or negligence of others; and o difficulties of evacuation if you are injured or disabled. You acknowledge that the enjoyment and excitement of adventure programs are derived in part from risks incurred by participation in those activities, and that these risks may exceed those commonly accepted at work or at home. You accept all the above mentioned risks of my program, and the possibility of personal injury, loss or property damage resulting therefrom, and will hold Adventure Out, its employees and agents free from any and all liability, actions, debts, claims and demands of any nature whatsoever, subject to the rights and privileges which apply under the Fair Trading Act (1984), the Competition and Consumer Act (2010), and the Civil Liability Amendment Act By entering an agreement you are not relying on any representations made by or on behalf of Adventure Out, but do so only of your own free will. FIRST AID CONSENT In the event you suffer injury or illness, Adventure Out has your consent to administer first aid and may arrange such medical treatment and emergency evacuation as it considers necessary for your safety.