Waiver / Code of Conduct
- Informed Decision. Before signing this Waiver, Applicant acknowledges that Entourage Tours is solely a tour company whose sole purpose is to arrange itineraries for participants AND Applicant has read the materials provided by Entourage Toursthat describe the Tour, the Applicant’s responsibilities while participating in the Tour, and the potential health, safety, and other risks associated with Applicant’s participation in the Tour, including but not limited to accidents or illness, disease, poor sanitation, inadequate medical care and facilities, terrorism, Acts of God, accidents, crime, the hazards of travel by air, train, boat, and motor vehicle, poor weather conditions and natural disasters. Applicant has taken the opportunity to ask any questions he or she may have about the Tour, and the responsibilities and risks involved, and has willingly and freely assumed any and all risks associated with local and international travel an the Tour in general.
- Responsibility for Preparation. Applicant agrees to attend pre-departure information sessions and other programs or meetings which Entourage Toursmay conduct regarding the Tour. The Applicant warrants Entourage Tours (and Entourage Tours relies on such warranty) their physical condition and health are suitable to participate in the Tour, and they have and will take any necessary medical precautions before embarking on the Tour (and during the Tour if necessary). Entourage Tours recommends each tour participant purchase adequate and relevant travel insurance. It is the Applicant’s responsibility to purchase adequate and relevant travel insurance to cover them for any instance including loss, damage or illness.
- Changes in Tour. The duration, itinerary, or other details of the Tour may be canceled, curtailed, altered, or modified without prior notice or obligation to Applicant, except that in the event of cancellation, refund shall be made of all monies paid by or on behalf of Applicant to Entourage Tours for participation in the Tour, excluding the non-refundable application fee. If the Tour is curtailed, refund shall be made of an appropriate share of such monies paid to Entourage Tours, said sum to be determined by the Entourage Toursin its sole discretion.
- Compliance with Laws, Regulations & Rules. Applicant shall abide by all laws of the country or countries visited, including but not limited to laws governing the use of alcohol and drugs. If Applicant chooses to consume alcohol, as allowed by law in any relevant jurisdiction, Applicant agrees to do so responsibly and at his or her sole risk. Applicant agrees to comply with all rules, regulations, and standards of conduct, including but not limited to violations of the Code of Tour Conduct fixed by Entourage Tours, its agents, and employees who, in the event of violation, reserve the right to limit or terminate Applicant’s participation in the Tour. If Applicant’s participation in the Tour is terminated (excluding the Applicant from further participation in the Tour), return to Applicant’s home shall be at Applicant’s sole expense, arrangement and risk.
- Possession of Legal Documents. At all times during Applicant’s travel, Applicant agrees to be in possession of a valid Australian passport and if not an Australian citizen, a valid foreign passport, or official travel document and any visas (e.g. tourist or studentvisa) or other immigration documents required for entry into a foreign country and re-entry into Australia. Applicant has attached a photocopy of each and every necessary travel document referenced above that is required for his/her participation in the Tour.
- Release of Claims. Applicant, individually, and on behalf of its heirs, successors, assigns and personal representatives, hereby indemnifies and releases fully and finally from any and all liability, claims, loss, suits, demands and damages, brought by the Applicant (or and including by any third party as a consequence of any act or omission of the Applicant) and covenants not to sue or cause to be sued in any judicial or administrative forum, or otherwise, Entourage Toursand its officers, agents, and employees with respect to any and all matters relating to or arising from Applicant’s conduct (including acts and omissions) and participation in the Tour. It is understood and agreed that Entourage Toursshall in no way be deemed responsible for the operation or management of any means of transportation, public or private, or facilities used by the Tour or any Tour participant, and the Applicant’s participation on any tour or transportation or event or activity will be solely at their own risk. Further, should the Applicant engage in any activities which involve a risk to person or property (including but not limited to running with the bulls, climbing and jumping off statues, structures and rocks, the operation of any motorized or non-motorized vehicle, skiing, snowboarding, swimming, and any activity while intoxicated or under the influence of any substance), they do so at their own risk and agree Entourage Tours shall in no way be liable for the Applicant’s actions, safety, loss and damage.
- Withdrawal and Refund. Refund of monies paid to Entourage Toursby or for Applicant for participation in the Tour, excluding the non-refundable application fee and deposit, shall be made upon withdrawal from the Tour only in the event that Applicant gives written notice to Entourage Toursof his or her withdrawal at least eight weeks prior to the start date of the Tour.
- Health and Health Insurance. The Applicant acknowledges that he/she is responsible for obtaining all recommended and necessary immunizations. The Applicant warrants that he/she is responsible for educating and informing him/herself and discussing with his/her health care provider diseases, illnesses, and other health concerns that may result from traveling and participating in the Tour. Applicant further warrants that he/she has been examined by a qualified physician of his or her choice; that such physician was in possession of all pertinent facts concerning Applicant and the Tour; and that such physician has advised Applicant of the medical advisability of participation. Applicant assumes all risk and responsibility for his/her medical needs while a participant in the Tour, and acknowledges that Entourage Toursis not responsible for the provision and quality of medical treatment or hospital care received while such a participant. In the event of a medical emergency, however, Applicant authorizes Entourage Toursto take action deemed in good faith to be necessary for his/her health and safety. Applicant assumes full financial responsibility for, and releases Entourage Tours from any and all liabilities resulting from the good faith exercise of this authority. APPLICANT WARRANTS THAT HE OR SHE IS CURRENTLY ENROLLED IN A HEALTH INSURANCE PROGRAM THAT PROVIDES COVERAGE FOR EXPENSES INCURRED WHILE PARTICIPATING IN THIS TOUR.
- Modification. This Waiver shall not be modified except by another agreement in writing signed by the Applicant.
- Governing Law. The terms of this Waiver shall be governed by the laws of the State of Queensland.
- Severance. In the event that any provision of this Agreement or its application to any person or circumstance is invalid or unenforceable, the validity or unenforceability shall not affect the validity or enforceability of the provision to the other persons or circumstances, and the provisions shall remain in full force and effect.
The Applicant acknowledges that prior to signing this Waiver, he or she has read this Waiver, has had the opportunity to seek legal advice about the agreements effect prior to signing / agreement, has full understanding of its terms and conditions, and voluntarily accepts ts terms and conditions and executes it with the understanding that Entourage Tours Pty Ltdshall rely on the statements and warranties herein contained. I am at least 18 years of age and legally competent to sign this document.
Code of Conduct
- Principles. This Code of Conduct (“Code”) has been formulated to provide a clear statement of expectations Entourage Tours Pty Ltd ACN 135 808 427 (‘Entourage Tours’) has of participants in respect of personal behaviour whilst on any Entourage Tour conducted tour. (hereafter ‘Tour’).
- Application. This Code applies to ALL participants of the Tour. It does not apply to staff employed or retained by Entourage Tours.
- Policy – Alcohol Consumption. Entourage Tours recognises that alcohol consumption is an established part of life in Australia and is enjoyed by many Australians. Entourage Tours is simply a tour company however, and although will endeavor to encourage moderation and a responsible attitude towards the consumption of alcohol, will not attempt to stop alcohol consumption throughout the Tour. It is the responsibility of each participant to act responsibly and safely in all respects, matters and situations (including the consumption of alcohol) while on Tour particularly concerning the safety of their own person, own property and having regard to the safety of persons and property with whom they come into contact. \
- Policy – Use of Narcotics & Illicit Substances. Entourage Tours prohibits the unlawful use, possession, cultivation or distribution of narcotics or other dangerous or illegal drugs, as defined by Queensland law, by Tour participants throughout the Tour. Any breach of this clause of the Code will be referred to the authority appropriate in the legal jurisdiction.
- Personal Conduct. a. It is expected that all Tour participants will behave responsibly in looking after themselves and their property. The participant has applied for and accepts a position on the Tour on the understanding Entourage Tours will not in any way be responsible for any loss or damage suffered to person or property suffered by a participant other than such loss or damaged being caused as a direct result of negligence on the part of Entourage Tours. b. All Tour participants are responsible for their own conduct at all times. c. Bullying, discrimination, harassment, vilification and victimization of other participants and Entourage Tours staff are expressly prohibited. d. It is a condition of each participant’s attendance on the Tour that they irrevocably agree to at ALL times obey the laws of Queensland together with all laws pertaining to the jurisdiction they are present in.
- Breaches of the Code. Examples of possible breaches of the Code include: a. Verbal abuse; b. Bullying; c. Urinating in a public place; d. Theft or damage to Entourage Tours property; e. Use of cameras, including mobile phone cameras, in ways that violate the privacy of others; f. Any actions that threaten or could harm or harm the person or property of any other person.
- Indemnity. The participant agrees to indemnify in all respects and on an indemnity basis Entourage Tours from any loss, claim, suit, liability or damage brought against Entourage Tours as a result of any act or omission or direct or indirect conduct of the participant. Schedule – Definitions “Bullying” means acts of aggression – physical or verbal – against another person which result in the other person being coerced into doing or not doing something, becoming injured, embarrassed, anxious, or seriously uncomfortable. Bullying often involves an abuse of power. While bullying can be an isolated incident it is often repeated. “Discrimination” means any conduct which makes distinctions between an individual or a group so as to disadvantage some and to advantage others, or treats an individual or a group less favourably than others, on the basis or because of an attribute or status they possess (for example, sex, race, religious belief, sexual preference, political opinion). “Harassment” means any offensive, belittling or threatening behaviour directed at an individual or group which takes place in circumstances in which any reasonable person, having regard to the circumstances, would have been offended, humiliated or intimidated. Harassment is behaviour that is unwelcome, unsolicited, usually unreciprocated and often (but not always) repeated. Sexual harassment is included in this definition and is one particularly serious form of harassment. It occurs where the harassment involves conduct of a sexual nature. In addition to sexual harassment people may experience harassment because of their belief systems, including political or religious beliefs or activities, cultural, racial, or socio-economic background, gender, sexual orientation, parental status, physical features or disability, among other things. “Victimisation” means any unfavourable treatment of a person who has made a complaint, or allegation, about a breach of this Code of Conduct, whether the complaint was written or oral and irrespective of whether the person asked for the complaint to be conciliated or investigated. “Vilification” means any form of conduct not undertaken reasonably and in good faith that: a. incites hatred against, serious contempt for, or revulsion or severe ridicule of another person or class of person on the grounds of their race, religious beliefs or practises; or b. is done because of the race of another person and is reasonably likely to offend, insult, humiliate that other person.