Terms of Service

1. Acceptance of Terms

By accessing and using the SportyEscape Club website and participating in our outdoor recreation programs, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. These terms constitute a legally binding agreement between you and SportyEscape Club. If you do not agree to these terms, please discontinue use of our services immediately.

We reserve the right to modify these terms at any time. Your continued use of our services after changes have been posted constitutes acceptance of the updated terms. We recommend reviewing this page periodically to stay informed of any modifications.

2. Eligibility and Participation

Participation in SportyEscape Club activities requires that you meet certain eligibility criteria. All participants must be at least 16 years of age, or accompanied by a parent or legal guardian. You must possess the physical fitness and health status appropriate for the activities you choose to join.

By registering for any activity, you represent and warrant that you have accurately disclosed any medical conditions, physical limitations, or other factors that may affect your ability to safely participate. You agree to follow all safety instructions provided by our guides and staff during activities.

We reserve the right to refuse participation to anyone who, in our reasonable judgment, may pose a safety risk to themselves or others, or whose behavior disrupts the experience for other participants.

3. Registration and Booking

When you register for events or activities through our platform, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Event bookings are subject to availability. We will confirm your registration via email. If an event is fully booked or cancelled, we will notify you promptly and offer alternative options or full credit toward future activities.

Cancellation policies vary by activity type. Generally, cancellations made more than 7 days before an event may receive full credit, while cancellations within 7 days may be subject to partial forfeiture. Emergency circumstances will be considered on a case-by-case basis.

4. Safety and Assumption of Risk

Outdoor recreation activities inherently involve certain risks. By participating in SportyEscape Club activities, you acknowledge and accept these risks. While we take extensive precautions to ensure safety through professional guidance, proper equipment, and comprehensive planning, we cannot eliminate all risks associated with outdoor adventure activities.

You agree to assume full responsibility for any risks, injuries, or damages, known or unknown, which you might incur as a result of participating in our programs. This includes, but is not limited to, injuries from hiking, kayaking, rock climbing, trail running, and other outdoor activities.

All participants are required to sign a separate liability waiver before participating in any physical activities. This waiver provides detailed information about specific risks and your acknowledgment of those risks.

5. Code of Conduct

All participants are expected to conduct themselves respectfully toward other members, guides, staff, and the natural environment. Behavior that is deemed disruptive, disrespectful, dangerous, or illegal will result in immediate removal from activities without refund.

We are committed to environmental stewardship. Participants must follow Leave No Trace principles, respect wildlife, stay on designated trails, and properly dispose of all waste. Damaging natural features or littering is strictly prohibited.

Harassment, discrimination, or abusive behavior of any kind will not be tolerated. We strive to maintain an inclusive, welcoming community for people of all backgrounds, abilities, and experience levels.

6. Intellectual Property

All content on the SportyEscape Club website, including text, graphics, logos, images, videos, and software, is the property of SportyEscape Club or its content suppliers and is protected by Australian and international copyright laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any content from our website without our express written permission. Limited use for personal, non-commercial purposes is permitted.

Any photographs or videos taken during SportyEscape Club activities may be used by us for promotional purposes unless you explicitly opt out in writing. We respect your privacy and will honor all opt-out requests.

7. Privacy and Data Protection

Your privacy is important to us. We collect, use, and protect your personal information in accordance with our Privacy Policy and applicable Australian privacy laws, including the Privacy Act 1988.

By using our services, you consent to the collection and use of your information as described in our Privacy Policy. We use industry-standard security measures to protect your personal data from unauthorized access, disclosure, or misuse.

We will never sell your personal information to third parties. Information may be shared with service providers who assist in delivering our programs, but only to the extent necessary and under strict confidentiality agreements.

8. Limitation of Liability

To the maximum extent permitted by Australian law, SportyEscape Club, its directors, employees, agents, and partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of our services or participation in our activities.

Our total liability to you for any claims arising from your use of our services shall not exceed the amount you paid for the specific activity giving rise to the claim.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

9. Weather and Force Majeure

Outdoor activities are weather-dependent. We reserve the right to modify, postpone, or cancel activities due to adverse weather conditions, natural disasters, or other circumstances beyond our control that could compromise participant safety.

In the event of cancellation due to weather or force majeure, we will offer rescheduling options or credit toward future activities. We are not liable for any travel expenses, accommodation costs, or other indirect costs incurred in connection with cancelled events.

Participants are encouraged to check weather forecasts and come prepared with appropriate clothing and equipment for variable conditions.

10. Dispute Resolution

Any disputes arising from these terms or your use of SportyEscape Club services shall be resolved through good-faith negotiation. If negotiation fails, disputes shall be submitted to mediation before pursuing legal action.

These terms shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia, without regard to conflict of law principles.

Any legal proceedings shall be brought exclusively in the courts of New South Wales, Australia, and you consent to the jurisdiction of such courts.

11. Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

12. Contact Information

If you have any questions about these Terms of Service, please contact us:

• Email: [email protected]
• Phone: 1300 SPORTY (1300 776 789)
• Mail: SportyEscape Club Legal Department, Australia

We will respond to all inquiries within 5 business days.