Terms and Conditions for the Karijini Yoga and Canyoning Adventure 

Please read through this entire document carefully to ensure that you are comfortable with its contents. By booking the Karijini Yoga & Canyoning Adventure you are taken to agree to all terms and conditions outlined below.

If you have any questions in relation to these terms, please contact Sven, our Tour Leader, using the following contact details.

 

Sven Borg - Tour Leader

0423 182 663

info@spacechameleon.com.au

 

You may also choose to contact Frieda directly and Frieda will do her best to assist with any queries. 

 

Tour Provider

You acknowledge and understand that the Karijini Yoga & Canyoning Adventure is provided by Spacechameleon Adventure Co (Spacechameleon) and its founder Sven Borg. All deposits and tour fees payable by you are payable to Spacechameleon. 

Spacechameleon has contracted Frieda to provide the yoga elements of this tour. All other tour inclusions are provided or arranged by Spacechameleon. There is no direct relationship between you and Frieda Orr or Frieda Yoga & Hiking when you book this tour.

 

Tour inclusions

The parties agree that the inclusions of the Karijini Yoga & Hiking Adventure are as outlined on the websites at www.frieda.com.au/karijini and www.spacechameleonadventureco.com/karijini-yoga-canyoning-adventure 

 

Tour exclusions

By booking this tour you acknowledge and agree that you are fully responsible for arranging, and for the costs associated with:

  • transport to and from Newman;

  • transport to the Karijini Eco Retreat if you do not make it to Newman by the designated time on the first day of the tour, 

  • transport from the Karijini Eco Retreat to Newman if you are not ready to leave the Eco Retreat before the designated time on the last day of the tour; and

  • any other goods or services not specifically referred to as included at www.frieda.com.au/karijini or www.spacechameleonadventureco.com/karijini-yoga-canyoning-adventure

 

Training Day

You understand and agree that attendance at the abseiling, climbing and via ferrata training day at Boya Quarry on the dates that are chosen, is a mandatory requirement for participation in the Karijini Yoga & Canyoning Adventure.

If you are unable to attend this training day, it may be possible to arrange a private training session with Sven at an additional cost of $500. This will be subject to Sven’s availability.

 

Payment

Your investment in the Karijini Yoga & Canyoning Adventure involves payment via direct bank transfer to the bank account of Spacechameleon within the following timeframes of;

Super Early Bird Pricing

Early Bird Pricing 

Regular Pricing 

 

Smoking

Please note that due to safety concerns surrounding the equipment, time constraints and in consideration for other non-smoking guests, there is no smoking within the gorges whilst on our tours. 

 

Refunds & transfers

It takes significant time and effort to plan, market and provide tours of this nature. For this reason, if you decide to withdraw your participation in this tour at any time for any reason whatsoever, no refund will be provided. 

The only reason a refund will be offered is if this tour is postponed or cancelled by Spacechameleon (see further below).

While there are no refunds, tickets are generally transferable to others, meaning that if you are unable to attend you can send a friend in your place. All requests for transfers must be made in writing to info@spacechameleon.com.au. Spacechameleon retains full discretion to determine if an alternative person is suitable for participation in this tour in your place. Please note that if a transfer is completed after the abseiling, climbing and via-ferrata training day, the person the ticket is transferred to will need to arrange a private training day with Spacechameleon at an additional cost of $500. This will be subject to Sven’s availability. 

 

Weather

Spacechameleon’s tours will normally operate in all but exceptional weather conditions. Rain, wind, cold and fog do not prevent Spacechameleon from conducting its tours. Unless you hear otherwise from Spacechameleon, you can assume that your tour is going ahead. Spacechameleon will make every effort to inform you if cancelling your scheduled tour is necessary. Participants that decide not to attend/participate on the basis of weather (against Spacechameleon’s policy and/or advice) forfeit any fees paid.

 

Cancellation by Spacechameleon

Spacechameleon reserves the right to cancel this tour, or any parts of this tour, for any reason and at any time. In the unlikely event of cancellation prior to the Boya Quarry training day, you will receive a full refund.

If Spacechameleon postpones or cancels this tour after the Boya Quarry abseiling, climbing and via-ferrata training day, any refund will be less $200 in recognition of the effort and value associated with the training day.

In the unlikely event that Spacechameleon cancels this tour, neither Spacechameleon nor Frieda Yoga & Hiking will be liable for any costs you have incurred with third parties in relation to your booking of this tour. E.g. flights etc.

Schedule Changes or cancellation after commencement

In certain unexpected circumstances Spacechameleon may cancel part of, or the remainder of, a tour after it has already commenced (weather, venue closures, or illness of the tour operator or guide/s). If this occurs, Spacechameleon may amend the tour schedule to minimise the impact of the unexpected circumstances on the overall tour inclusions. If the overall tour inclusions are severely impacted, Spacechameleon may, at its discretion, provide you with a partial refund.

Additional Expenses

Neither Spacechameleon nor Frieda Yoga & Hiking will be liable for any additional expenses you incur in relation to your participation in this tour, including but not limited to: cancellations, missing connecting transport, extra accommodation, damage to clothing and additional food expenses. Please be mindful that you are engaging in an outdoor activity where clothing may get dirty and/or damaged. We strongly suggest that you wear clothing that is appropriate to the activity in which you are engaging. Spacechameleon Adventure Co will not be held liable for any damage incurred to articles of clothing worn during any canyoning or training activities.

 

Special Requirements

Please contact Sven directly prior to booking if you have any physical disabilities, medical conditions, dietary requirements or any concerns at all in relation to booking this adventure.

 

Minimum Age

Participants must be at least 18 years old to participate in the Karijini Yoga & Canyoning Adventure.

 

Cancellation due to unsuitability and/or choosing to act inappropriately

For your enjoyment and safety, and that of other participants, there is a minimum level of fitness required to participate in most Spacechameleon adventures. Please take this into consideration when making your booking.

Spacechameleon Adventure Co reserves the right to cancel your booking without refund, in the following circumstances.

  • If your fitness is not adequate for the activity.

  • If your medical condition/ health is not suited for the activity.

  • If you ignore the instructions of your guide/s, including but not limited to; proximity to the edges of cliffs, safety guidelines, and respect for the environment. Please do not interfere with, pick up, alter or remove any plant, animal or other natural, historical or cultural feature. Please stick to formed paths, carry all your rubbish out with you and use minimal impact toileting procedures. Take only memories and leave only footprints.

  • Disrespect towards your guide/s, other participants and or general public.

     

Removal from Tours

We reserve the right to deny access to tours for anyone who in our opinion is drunk, under the influence of drugs, disorderly, a hazard to themselves or others, abusive, not physically able, mentally incapable, or objectionable in any other way. Neither Spacechameleon nor Frieda Yoga & Hiking accepts any liablity for any additional expenses incurred as a result of your removal or non-participation from a tour for any of these reasons.

Privacy and Security

Spacechameleon Adventure Co recognises that your privacy is important to you, and that it is your right to control your personal information. We know that providing personal information is an act of trust, and we take that seriously. Subject to the exception specified below, we won’t sell, rent or otherwise disclose your personal information, including your email address, to any other third party, without your prior consent. The exception to this being the handing over of medical and contact details to paramedics and/or medical staff in the event of a medical emergency.

We do not store your financial information. Your payments are processed by Trybooking or EFT bank-to-bank transfers.

 

Waiver of Liability - Frieda Yoga & Hiking

By registering for the Karijini Yoga & Canyoning Adventure you agree and understand that you are participating in this event at your own risk and that any physical activity involves a real risk of physical injury. You take full responsibility for your own medical fitness to participate in this tour. You understand that Frieda Orr trading as Frieda Yoga & Hiking (ABN 73391098986) is not the provider of this tour and is instead contracted by the tour provider only in relation to the yoga inclusions.

By registering for the Karijini Yoga & Canyoning Adventure you agree to fully release and indemnify, and keep indemnified, Frieda Orr trading as Frieda Yoga & Hiking (ABN 73391098986) (Indemnified Parties) from and against all claims, actions, demands, suits, proceedings, damages, liabilities, losses or costs (without limitation) made or brought against, suffered or incurred by the Indemnified Parties arising in any way from, or in connection with, your participation in the Karijini Yoga & Canyoning Adventure. Your indemnity of the Indemnified Parties extends to personal injury, illness, delay, loss or damage to property or health that you suffer or incur in connection with your participation in the tour.

 

Provision of information & agreement to terms - Spacechameleon Adventure Co

By registering for the Karijini Yoga & Canyoning Adventure you understand that you will be required to accurately complete and agree to the following Spacechameleon forms in relation to your involvement in the Karijini Yoga & Canyoning Adventure.

  • Day Activity Risk Warning, Waiver & Medical Form - required prior to your participation in the Boya Quarry abseiling, climbing and via-ferrata training day.

  • Multi-day Risk Warning & Waiver Form - required prior to your participation in any adventure activities at Karijini National Park.

  • Multi-day Confidential Medical History Form - required prior to your participation in any adventure activities at Karijini National Park.

 

Day Activity Risk Warning, Waiver & Medical Form

This form requires you to provide your contact information, two emergency contacts and your medical history. It also contains the following terms which you must agree to.

RISK WARNING AND ACKNOWLEDGEMENT

Your participation in the recreational activities supplied by Spacechameleon Adventure Co may involve risk. The risks involved may result in personal injury including death. Prior to undertaking any such recreational activity, you should ensure you are aware of all of the risks involved, including those risks associated with any health condition you may have. By signing below, you acknowledge, agree, and understand that participation in the recreational services provided by Spacechameleon Adventure Co may involve risk. You agree and undertake any such risk voluntarily and at your own risk. You also acknowledge that the risk warning above constitutes a 'risk warning' in accordance with the Civil Liability Act 2002 (WA). 

EXCLUSION, RESTRICTION OR MODIFICATION OF RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW (WA)

Under the Australian Consumer Law (WA), statutory guarantees apply to the supply of certain goods and services, including recreational activities. It is possible for a supplier to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier because services provided were not in accordance with the guarantees are excluded, restricted or modified as set out below. By signing below, you agree that the liability of Spacechameleon Adventure Co for any harm, including: 

  • death;

  • physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);

  • the contraction, aggravation or acceleration of a disease; 

  • the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behavior, course of conduct or state of affairs:

    • that is or may be harmful or disadvantageous to you or the community, 

    • that may result in harm or disadvantage to you or the community, 

    • that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services is excluded. 

I authorise the instructor in charge to administer first aid and call an ambulance. I agree to bear any cost thereby incurred.

By signing this document, I agree to all the terms and conditions stated within, without exclusion.  All information given is correct to the best of my knowledge. 

I agree to the following:

  • I will participate in the activity in a safe and controlled manner.

  • I will wear safety equipment provided and the correct footwear at all times.

  • I will read and follow all signs on the property and follow all instructions.

  • I will respect the environment in which the activity is taking place.

  • The Instructor/Guide may cancel my participation without refunding any fee if I do not comply with any of these Terms and Conditions, and the full list of Terms and Conditions as stated on our website.

  • I agree for any photos and/or film, which may be taken during activities, to possibly be utilised in Spacechameleon Adventure Co’s marketing and promotion. If this is an issue please inform your guide.

  • To receive occasional emails about new and exciting adventures.

Privacy Statement – Privacy Act 1998By completing this form you are supplying the Provider with personal information about yourself. This information is needed to ensure your safety during your time with us. The Provider is required to collect this information by their insurance company and by the department of Workplace Health and Safety. This information you provide will not be supplied to any other organisation or used for any other purpose than that which is stated above.

 

Multi-day Risk Warning & Waiver Form 

This form requires you to provide your contact information and agree to the following terms.

RISK WARNING AND ACKNOWLEDGEMENT

Your participation in the recreational activities supplied by Spacechameleon Adventure Co may involve risk. The risks involved may result in personal injury including death. Prior to undertaking any such recreational activity, you should ensure you are aware of all of the risks involved, including those risks associated with any health condition you may have. By signing below, you acknowledge, agree, and understand that participation in the recreational services provided by Spacechameleon Adventure Co may involve risk. You agree and undertake any such risk voluntarily and at your own risk. You also acknowledge that the risk warning above constitutes a 'risk warning' in accordance with the Civil Liability Act 2002 (WA). 

EXCLUSION, RESTRICTION OR MODIFICATION OF RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW (WA)

Under the Australian Consumer Law (WA), statutory guarantees apply to the supply of certain goods and services, including recreational activities. It is possible for a supplier to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier because services provided were not in accordance with the guarantees are excluded, restricted or modified as set out below. By signing below, you agree that the liability of Spacechameleon Adventure Co for any harm, including: 

  • death;

  • physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);

  • the contraction, aggravation or acceleration of a disease; 

  • the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behavior, course of conduct or state of affairs:

    • that is or may be harmful or disadvantageous to you or the community, 

    • that may result in harm or disadvantage to you or the community, 

    • that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services is excluded. 

Spacechameleon Adventure Co is not liable for damage to any equipment and/or clothing that is brought on our tours. These remain the sole responsibility of the participant.

I authorise the instructor in charge to administer first aid and call an ambulance. I agree to bear any cost thereby incurred.

By signing this document, I agree to all the terms and conditions stated within, without exclusion.  All information given is correct to the best of my knowledge. 

I agree to the following:

  • I will participate in the activity in a safe and controlled manner.

  • I will wear safety equipment provided and the correct footwear at all times.

  • I will read and follow all signs on the property and follow all instructions.

  • I will respect the environment in which the activity is taking place.

  • The Instructor/Guide may cancel my participation without refunding any fee if I do not comply with any of these Terms and Conditions, and the full list of Terms and Conditions as stated on our website.

  • I agree for any photos and/or film, which may be taken during activities, to possibly be utilised in Spacechameleon Adventure Co’s marketing and promotion. If this is an issue please inform your guide.

Privacy Statement – Privacy Act 1998By completing this form you are supplying the Provider with personal information about yourself. This information is needed to ensure your safety during your time with us. The Provider is required to collect this information by their insurance company and by the department of Workplace Health and Safety. This information you provide will not be supplied to any other organisation or used for any other purpose than that which is stated above.

 

Multi-day Confidential Medical History Form

This form requires you to provide Spacechameleon with two emergency contacts and a detailed medical history.  It also requires you to disclose allergies, swimming ability, medications, learning difficulties, date of last tetanus immunisation, an authority to administer first aid and call an ambulance and to bear any ambulance costs if required. It also contains a privacy statement.

Exact copies of all Spacemchameleon forms are available prior to booking if requested.

 
Other Important Terms

Changes: The Tour Schedule is subject to change.

Law: This Agreement is governed by the laws of the State of Western Australia and all parties shall comply with all laws, regulations and rules of Western Australia.

Dispute Resolution: It is hoped that should we ever have any differences, we could be able to work them out through a conversation or email correspondence. However, should a dispute ever arise between us, you agree now that the only remedy that is available to you, or that can be awarded to you, is full refund of your Tour Payment. You agree that no award of consequential or of any other type of damages may be granted to you as a remedy for any dispute.

Non-Disparagement: In the event of a dispute between you and Spacechameleon and/or Frieda Yoga & Hiking, you agree to not engage in any conduct or communications, public or private, designed to disparage the Karijini Yoga & Canyoning Adventure, Frieda Yoga & Hiking or Spacechameleon Adventure Co.

By indicating agreement to these terms during the Karijini Yoga & Canyoning Adventure Registration Process you are acknowledging that you have read, understand, agree to and accept all of the terms in this Agreement. Your registration in the tour is not confirmed until full payment has been received.

If you have any questions or concerns, please contact us to discuss these.

We look forward to sharing this awesome adventure with you.

Updated: December 2020

Created by: Frieda Orr (Frieda Yoga and Hiking, Owner and Facilitator) and Sven Borg (Owner, Lead Guide, Lead Instructor, and Lead Facilitator)