Participation & Liability Waiver

Ch-Ex Co. Pty Ltd (ABN 51 692 527 790)
Trading as Wild Side Melbourne

Effective Date: 30 July 2026

1. Acknowledgement

This Participation & Liability Waiver forms part of your booking with Wild Side Melbourne.

By booking or participating in a tour, you confirm that you have read, understood and agree to this Waiver together with our Terms & Conditions, Refund Policy and Privacy Policy.

Nothing in this Waiver excludes, restricts or modifies any rights you may have under the Australian Consumer Law or any other law that cannot legally be excluded.

2. Nature of Our Tours

Wild Side Melbourne operates outdoor experiences throughout Victoria, Australia.

Depending on the tour selected, activities may include:

Walking and hiking;
Uneven or slippery terrain;
Coastal cliffs and beaches;
National parks;
Wildlife viewing;
Snow activities;
Wine tasting venues;
Long-distance road travel;
Rural and remote locations;
Changing weather conditions.

Participation is voluntary.

3. Assumption of Risk

I understand that outdoor activities involve inherent risks that cannot be completely eliminated, including but not limited to:

slips, trips and falls;
uneven ground;
falling branches;
rock surfaces;
changing weather;
strong winds;
heavy rain;
bushfire smoke;
flooding;
wildlife encounters;
insect bites;
allergic reactions;
snow and ice;
vehicle accidents;
road closures;
delayed emergency assistance.

I voluntarily choose to participate knowing these risks exist.

4. Medical Fitness

By participating, I confirm that:

I am physically capable of taking part in the tour I have booked.
I have disclosed any medical condition that could reasonably affect my participation or safety.
I will carry any medication I may require during the tour.
I understand that Wild Side Melbourne is not responsible for administering medication.

If my medical condition changes before departure, I will notify Wild Side Melbourne immediately.

5. Customer Responsibilities

I agree to:

follow all instructions given by guides;
remain with the group unless authorised otherwise;
wear appropriate clothing and footwear;
behave responsibly;
respect wildlife and the environment;
comply with all applicable laws;
treat other guests respectfully.

I understand that failure to comply may result in my removal from the tour.

6. Alcohol and Drugs

I confirm that I will not participate while affected by alcohol or illegal drugs.

Wild Side Melbourne may refuse participation where my condition creates a safety risk to myself or others.

7. Medical Treatment

If I become injured or ill during a tour, I authorise Wild Side Melbourne to arrange first aid, ambulance transport or emergency medical treatment where reasonably necessary.

I understand that:

medical expenses;
ambulance fees;
hospital expenses;
pharmaceutical costs;

remain my responsibility unless recoverable through Medicare, private health insurance, travel insurance or another party.

8. Personal Property

I understand that I remain responsible for my own belongings throughout the tour.

Wild Side Melbourne is not responsible for loss, theft or damage to personal property except where liability cannot legally be excluded.

9. Photography and Video

I understand that photographs and videos may be taken during tours for promotional purposes.

These images may be used on:

the Wild Side Melbourne website;
social media;
brochures;
advertisements;
promotional material.

If I do not wish to appear in photographs or videos, I will notify my guide before the tour begins.

Wild Side Melbourne will make reasonable efforts to respect my request.

10. Wildlife

I acknowledge that wildlife is unpredictable.

Wild Side Melbourne cannot guarantee:

wildlife sightings;
animal behaviour;
proximity to animals.

I agree not to feed, touch or disturb wildlife unless specifically authorised by a guide.

11. Weather

I understand that weather conditions can change rapidly.

Tours generally operate in most weather conditions.

For safety reasons Wild Side Melbourne may:

alter itineraries;
shorten activities;
substitute locations;
cancel tours.

Such decisions are made solely in the interests of customer safety.

12. Vehicle Travel

Many tours involve significant travel by bus or minibus.

I agree to:

remain seated where instructed;
wear a seatbelt whenever provided and required by law;
follow driver instructions;
avoid distracting the driver.
13. Removal from a Tour

Wild Side Melbourne may remove a participant without refund where they:

create a safety risk;
behave abusively;
harass staff or guests;
damage property;
refuse lawful directions;
are intoxicated;
possess illegal substances;
engage in unlawful conduct.

Where removal is necessary for safety, no refund will be payable unless required by Australian Consumer Law.

14. Release

To the fullest extent permitted by Australian law, I acknowledge that:

participation is voluntary;
outdoor activities involve inherent risks;
not every risk can be eliminated;
Wild Side Melbourne has taken reasonable steps to provide a safe experience.

I agree that Wild Side Melbourne will not be responsible for injury, loss or damage arising solely from the ordinary inherent risks of outdoor recreational activities.

Nothing in this Waiver excludes liability that cannot legally be excluded under Australian law, including liability arising from failure to exercise due care and skill where required by law.

15. Indemnity

To the extent permitted by law, I agree to indemnify Wild Side Melbourne against claims, losses or expenses arising directly from my:

unlawful conduct;
reckless behaviour;
deliberate misconduct;
breach of tour rules;
damage to property caused by me.

This clause does not apply where prohibited by law.

16. Emergency Contact

I understand that Wild Side Melbourne may contact my nominated emergency contact where reasonably necessary in relation to my health or safety.

17. Children

Participants under 18 years of age must be accompanied by a parent, legal guardian or authorised supervising adult unless otherwise agreed in writing.

The accompanying adult accepts responsibility for supervising the minor throughout the tour.

18. Governing Law

This Waiver is governed by the laws of Victoria, Australia.

Any dispute arising from this Waiver shall be subject to the jurisdiction of the courts of Victoria.

19. Acknowledgement

By booking or participating in a Wild Side Melbourne tour, I acknowledge that I have:

read this Participation & Liability Waiver;
understood its contents;
had the opportunity to ask questions;
voluntarily agree to participate under these terms.

Ch-Ex Co. Pty Ltd
Trading as Wild Side Melbourne

Email: info@ch-ex.com.au

Website: www.ch-ex.com.au

Last Updated: 30 July 2026