SOCIALLY GOOD ADVENTURES LIMITED trading as GOT TO GET OUT (GTGO) is a social enterprise group, with a mission to get the community outdoors and active. Its purpose is to encourage people to be active, outdoors and social. GTGO facilitates events to achieve this purpose.
GTGO representatives (hosts) are generally unpaid volunteers and hosts are not trained or professional guides. Where a professional guide or other professional service is required, GTGO will arrange this at a cost to the event participants.
Please be aware that GTGO is not an adventure regulated activity operator, as we consider that the types of activities we undertake do not constitute adventure activities. Our activities are often free of charge and the activities are always designed to not deliberately expose participants to serious risk.
GTGO and its hosts care about your health and safety and GTGO aims to provide safe activities to all participants. GTGO’s Standard Operating Procedures and Safety Management Systems are closely modelled on the same standards required of adventure regulated activity operators.
Where an activity does constitute an adventure activity, GTGO will contract a suitable adventure regulated activity operator for the activity.
Please read this document carefully.
Parties:
SOCIALLY GOOD ADVENTURES LIMITED trading as GOT TO GET OUT at Auckland.
YOU, referred to as “I”, “me”, or “myself” in this Disclaimer.
Operative Part:
1. Definitions and Interpretation
1.1. Definitions
(a) In this Disclaimer unless the context otherwise requires:
(i) “Adventure Activity” means the same as is defined in the Regulations.
(ii) “Adventure Regulated Activity Operator” means the same as is defined in the Regulations.
(iii) “Event” means an event as organised by GTGO.
(iv) “GTGO” means Socially Good Adventures Limited trading as Got to Get Out.
(v) “Host” means GTGO volunteers.
(vi) “Participants” means people attending the event.
(vii) “the Regulations” means the Health and Safety at Work (Adventure Activities) Regulations 2016.
1.2. Interpretation
(a) Unless the context otherwise requires:
(i) words importing the singular include the plural and vice versa;
(ii) words importing one gender include the other genders;
(iii) reference to a clause is, unless otherwise specified, a reference to a clause of this deed;
(iv) reference to a statute or regulation shall be deemed to be reference to that statute or regulation as from time to time amended, re-enacted or substituted.
(b) Headings have been inserted for guidance only and shall not be deemed to form part of the context of this deed.
2. Acknowledgements
2.1. I have read and understood the terms of being a member of the GTGO community.
2.2. I acknowledge that GTGO is not an Adventure Regulated Activity Operator.
2.3. Subject to clause 2.4 below, I acknowledge that the activity I am agreeing to participate in is not an Adventure Activity.
2.4. Where GTGO recognises that the activity does meet the definition of Adventure Activity, I acknowledge that GTGO will contract an Adventure Regulated Activity Operator to conduct the activity. The terms and conditions of the contracted Adventure Regulated Activity Operator shall apply and it is my responsibility to familiarise myself with the terms and conditions of that Adventure Regulated Activity Operator and any rules, regulations or safety policies governing that activity.
2.5. Unless I have been given information to the contrary by GTGO, Host, or other authorised representative, I acknowledge that the Hosts are not trained or professional guides, or trained medical staff.
2.6. In circumstances where a Host is a trained or professional guide, I acknowledge that while GTGO has made reasonable efforts to verify the claims of the trained or professional guide, GTGO cannot be responsible for the accuracy of those claims.
2.7. I understand that GTGO is a community with the purpose of bringing people together to:
(a) Be social; and
(b) Explore the outdoors.
2.8. I acknowledge that I am solely responsible for myself and my possessions and that I am participating in this activity at my own risk.
2.9. I acknowledge that I will be drug free for this Event.
2.10. I acknowledge that at all times I will conduct myself in my relations with other Participants or the general public or third parties in a responsible and careful manner. If I fail to behave correctly I may be expelled, suspended or prevented from continuing with the Event. GTGO can refuse admission if in their opinion I may be a risk to others or myself or I am affecting the enjoyment of others or the running of the Event whether through alcohol, drugs or otherwise.
2.11. I have evaluated my fitness, skill level, and any equipment required for this Event and I acknowledge that I meet the requirements for fitness, skill level, and equipment.
2.12. I confirm I am in good health and do not have any health concerns that may endanger myself or any other person.
2.13. I am voluntarily engaging in this Event and voluntarily complete this document.
2.14. I acknowledge that I know my personal limitations, if any, and will act in accordance with those limitations. I will let GTGO know about any limitations I may have, how I will manage them, and I will encourage open dialogue with GTGO Hosts about limitations and/or their impacts on me.
2.15. By applying for or attending an Event I agree that I am over 16 years of age, or I have my parent/guardian’s express permission to attend the Event and I have supplied a signed consent form as proof of this permission.
2.16. I confirm that I am booking myself onto this Event only and acknowledge that I cannot book others onto these events without the permission of GTGO.
2.17. I acknowledge that I have informed my emergency contact of the location of this Event and the details of when I leave and return.
3. Permissions
3.1. I give permission to GTGO to take photos or videos of me at events. I acknowledge ownership of any photos or videos taken at events belong to GTGO. I waive any right to object to GTGO promoting, displaying and/or otherwise using any photo or video of me or my likeness for the purpose of marketing and promotion on social media, the GTGO website or any other website they choose or any other use in perpetuity.
3.2. I give permission to GTGO to supply any photos or videos taken of me to third parties in accordance with the terms of any contract GTGO may have with the third parties. If the photos or videos were not taken by GTGO, then GTGO will obtain written permission of the photographer(s) who took the photos or videos.
4. Medical Assistance
4.1. I will inform my Host of any injury or any suspected injury that I may experience.
4.2. I authorise the obtaining, on my behalf, of any medical assistance if such treatment is necessary. I authorise the GTGO instructors / Hosts / tour operators to make a decision to obtain medical assistance at their sole discretion and I agree to meet any cost incurred. I agree to indemnify GTGO for any cost of any such treatment incurred in the course of and in reasonable connection to an event.
5. Waiver
5.1. I agree to indemnify and hold harmless GTGO and its Hosts from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of my breach of this Disclaimer or arising from my negligence or breach of duty.
5.2. I acknowledge this Disclaimer discharges all persons, corporations, associations and bodies involved or otherwise engaged in promoting or staging the Event and their Hosts, servants, agents, representatives, officers and employees. This includes but is not limited to the various committees, members, and employees of all independent contractors to the Event, local councils, cities and districts and their respective officers, directors, employees, independent contractors, representatives, agents, volunteers, event organisers and sponsors whether or not the loss, injury, or damage is attributed to the act or neglect of any or more of them.
5.3. I exclude GTGO from all liability in contract or tort including negligence or for breach of statutory duty or otherwise for any losses, claims, damages, expenses, or costs including without limitation special, incidental, or consequential loss or damage or loss of profits or wasted time incurred directly or indirectly in connection with the Event.
(a) I acknowledge GTGO’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of their obligations or the obligations of either of them shall be limited to the cost of the Event (if any).
(b) I acknowledge GTGO shall not be liable to me for any pure economic loss, loss of profit, loss of business, or otherwise, whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Event.
(c) This clause shall not exclude or limit liability:
(i) for death or personal injury caused by the gross negligence of GTGO or their Hosts, officers, or employees;
(ii) for any matter for which it would be illegal for GTGO to exclude or attempt to exclude liability; or
(iii) for fraud or fraudulent misrepresentation by GTGO, their Hosts, officers or employees.
5.4. I acknowledge that GTGO is not responsible for any loss or damage of any personal property.
5.5. I accept that the instructor, Host, suppliers or tour operator reserves the right to inspect my backpack and/or equipment if the situation requires.
6. Payment
6.1. I understand if there is a charge for my participation in an Event, every effort is made to ensure prices are accurate. If an error is found in a price, GTGO will advise me as soon as possible and offer me the option of reconfirming my attendance or cancelling my attendance. If I cancel because of an error in pricing made by us GTGO will refund or re-credit you for any sum that has been paid by you except where the terms and conditions of a third-party supplier say otherwise.
6.2. Payment for any event may be made by transfer from my bank account or payment by credit or debit card. If payment is made by credit card GTGO reserve the right to apply a charge of 2.5% to cover fees incurred. No payment for an event will be deemed to have been received until GTGO has received cleared funds.
7. Cancellation
7.1. If I wish to cancel my participation in an Event after placing a booking I must notify GTGO in writing by email at the email address shown on the website, or the email address as notified to me in my event confirmation. I understand cancellations may be subject to any third-party supplier’s terms and conditions.
7.2. GTGO has the sole discretion to cancel an Event if unforeseen circumstances arise. If a minimum number of participants is required and the number has not been met on the deadline date set out, the Event may be cancelled. All events are subject to suitable weather conditions, and participants will be advised if an Event is to be cancelled due to unfavourable weather. GTGO shall not be responsible or liable in any way whatsoever for the cancellation of an Event other than as provided in this clause.
7.3. Where cancellation arises and is the fault of a third-party supplier the terms and conditions of that supplier shall apply.
8. Force Majeure
8.1. Failure of GTGO to comply with any obligation in this Disclaimer whether for an Event or otherwise due to war, civil commotion, strikes, lock-outs, machine breakdown, fire or force majeure or any cause whatsoever beyond GTGO’s control will not involve liability on the part of GTGO and GTGO shall be entitled at their option to cancel or to postpone the Event.
9. Application of third-party terms and conditions
9.1. In applying to take part in an Event I acknowledge that the terms and conditions of any thirdparty supplier GTGO have engaged to facilitate the Event apply and it is my responsibility to familiarise myself with the terms and conditions of that supplier and any rules, regulations or safety policies governing that Event.
10. Equipment
10.1. If equipment is supplied for my use during the Event by the supplier, GTGO shall not be liable for defects or shortages of such equipment or parts thereof. I will at all times use equipment (whether supplied by myself, other members, or the supplier) in accordance with the guidance and advice given by the relevant supplier and/or Host. I shall have no claim against GTGO for any failure by us or the supplier to supply adequate equipment, instruction, information or advice or to ensure that the Event is suitably organised, managed or controlled.
11. Transport
11.1. Unless otherwise stated it is my responsibility to arrange suitable transportation to the Event.
11.2. I acknowledge that when transport is offered by Hosts, they are doing so as volunteers.
12. Severability
12.1. If any of the clauses or provisions of this Disclaimer are held to be illegal or unenforceable by the judgment of any Court or Tribunal having competent jurisdiction, such judgment shall not affect the remaining provisions of this Disclaimer, which shall remain in full force and effect, as if the illegal or unenforceable clause(s) had not been included in this Disclaimer.
13. Waiver of these provisions
13.1. No waiver of any of the provisions of this Disclaimer shall be deemed to constitute a waiver of any other provisions, nor shall any such waiver constitute a continuing waiver unless otherwise provided
14. Entire disclaimer
14.1. This Disclaimer constitutes the entire agreement between the parties and supersedes all prior and contemporaneous Disclaimers, agreements, understandings, negotiations and discussions, whether oral or in writing.
15. Governing Law
15.1. This Disclaimer is established under the laws of New Zealand which shall govern the effect and construction of this document.
