1. Definitions
a.“Activities” means all experiential components of an Event.
b.“Australian Consumer Law” or “ACL” means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
c.“CCA” means the Competition and Consumer Act 2010 (Cth).
d.“CLA” means the Civil Liability Act 2002 (NSW).
e.“Materials” means any materials distributed before, during, or after the Event that relate to its content.
f.“Event” means any expedition, workshop or other experience offered or arranged by BUSHPIG (including outdoor activities such as hiking, swimming or physical challenges).
g.“BUSHPIG”, “we” or “us” means BUSHPIG PTY LTD ACN 682 427 827 T/A BUSHPIG Expeditions.
h.“Booking” means your purchase of one or more places at an Event.
i.“Participant” means any person attending the Event. If you book a place for yourself, you are the Participant.
j.“Registration & Waiver” means the online form that each Participant must complete and sign before the Event. It includes their personal and medical details, a copy of the risk warning and release in clause 13, media consent, and agreement to follow safety and behavioural rules.
k.“Privacy Policy” means our privacy policy, available at bushpig.com.au.
l.“Terms” means these Terms and Conditions.
m.“Website” means www.bushpig.com.au.
n.“You” or “Your” means the person making the Booking. If You are booking for other people, clause 21 also applies.
2. Contract and Acceptance
a.These Terms, the signed Registration & Waiver, Your booking confirmation and any Event-specific terms provided by BUSHPIG together form the entire agreement between You and BUSHPIG about the Event. The Registration & Waiver repeats the risk warning and release in clause 13, so that each Participant confirms them personally.
b.Before You pay, You will be shown these Terms, including the risk warning and release in clause 13. By ticking the acceptance box and paying, You confirm that You have read them, that You were given them before You paid, and that You had the chance to ask questions (You can email gday@bushpig.com.au).
c.Each Participant must complete and sign the Registration & Waiver (in the form provided by BUSHPIG) before the Event. Attendance at the Event is conditional on BUSHPIG receiving a signed Registration & Waiver from each Participant.
d.BUSHPIG may refuse admission to any Participant who has not signed the Registration & Waiver, and no refund will be provided in that case, except where the Registration & Waiver contains risk or release terms materially different from clause 13, in which case You may cancel for a full refund.
e.Your Booking includes:
i.a place at the Event for each Participant booked;
ii.Event-related communication;
iii.Materials for the Event; and
iv.anything else specified on the Website or in Your booking confirmation.
Anything not listed as included is not included. Unless BUSHPIG states otherwise in writing, travel to and from the Event is not included (see clause 20).
f.You accept these Terms electronically. Ticking the acceptance box, paying and signing electronically are binding, and we keep a record of when You accepted and which version of the Terms applied.
3. Payment
a.Prices are in Australian Dollars. BUSHPIG is not currently registered for GST, so no GST is charged.
b.To secure a place, You pay a deposit (the amount is stated at the time of Booking). The balance is due no later than 14 days before the Event starts. You may instead pay in full at the time of Booking, and if You book less than 14 days before the Event starts, You must pay in full at the time of Booking. Alternative payment terms apply only if agreed in writing.
c.If a payment is late or not made, BUSHPIG may cancel the Booking, retain the amounts paid in accordance with these Terms, and offer the place to someone else.
d.Referral and promotional offers
i.BUSHPIG may, at its discretion, offer discounts, credits or other benefits for referrals or promotions (“Offers”).
ii.An Offer applies only if BUSHPIG confirms it in writing (email is enough) before payment. It is subject to any conditions stated at the time, has no cash value, and cannot be combined with another Offer unless BUSHPIG says so.
iii.BUSHPIG may change or withdraw Offers at any time. This does not affect a Booking already confirmed on the terms of an Offer.
iv.Refunds, credits and transfers under clause 9 are based on the amount You actually paid, not the standard price.
v.BUSHPIG may withhold or reverse an Offer if it is misused, for example a self-referral, or if the referred person does not complete their Booking or cancels within the refund period.
vi.Nothing in this clause limits Your rights under the ACL.
4. Your Responsibilities
a.You agree to (and, where You are booking for others, You must ensure that each Participant does):
i.be at least 18 years old on the first day of the Event; we may ask to see photo identification;
ii.provide accurate details, including name, email, emergency contact and any relevant medical or mental-health information that could affect safety or participation, within 7 days of Booking (or, if You book less than 7 days before the Event, at the time of Booking);
iii.meet the fitness requirements described in clause 13 and on the Website, and any other specified age or eligibility criteria, and consult a doctor if necessary;
iv.tell us about any dietary requirements and allergies (including severe allergies) in the Registration & Waiver within 7 days of Booking (or, if You book less than 7 days before the Event, at the time of Booking); we will make reasonable efforts to cater for these, but cannot guarantee an allergen-free environment, particularly outdoors;
v.complete any required registration or medical disclosure forms within 7 days of Booking (or, if You book less than 7 days before the Event, at the time of Booking);
vi.follow all safety instructions given by BUSHPIG staff and the rules of any park, reserve or property we visit (including fire bans and signage), behave respectfully towards other Participants and staff, not bring or consume alcohol or illegal drugs at the Event, and not take part while impaired by any drug or medication (taking Your own medication as directed is fine, but tell us if it affects Your ability to take part safely); and
vii.use any equipment BUSHPIG provides as instructed and look after it, and pay the reasonable cost of loss or damage caused by misuse or carelessness.
5. Delivery of an Event
a.The Event will be delivered on the scheduled dates, subject to compliance with these Terms.
b.Event information (itinerary, meeting points, etc.) will be sent to You before the Event.
c.Unless otherwise specified, the Event is live and no recording is provided.
d.BUSHPIG carries public liability insurance covering standard risks of the Activities, but Participants are strongly encouraged to obtain their own personal accident and travel insurance.
e.BUSHPIG experiences are based at a rural property in the Southern Highlands, NSW. Each day includes guided outings into the surrounding bushland. Locations and activities may change under clauses 8 and 10.
6. Media and Privacy
a.Parts of the Event may be photographed, filmed, or recorded by BUSHPIG. BUSHPIG owns the copyright in that material.
b.We will use images, video and audio of a Participant for internal communications and marketing only if that Participant has opted in on their Registration & Waiver. Opting in is optional and does not affect the Booking. Where consent is given, BUSHPIG may use the material for internal communications and marketing purposes (including social media, the Website, and promotional materials) without compensation and subject to applicable privacy laws. A Participant may ask us to stop using their image in future material by emailing gday@bushpig.com.au.
c.We collect personal information, including health information, to run the Event safely. We handle it in accordance with our Privacy Policy, store it securely, and keep it only as long as reasonably necessary.
7. No Guarantee of Results
a.The Activities are designed to be challenging and, for many people, meaningful, but they do not guarantee any specific outcome, result, or change in personal development, physical condition, or mental state. No promises or guarantees regarding experiences, recovery, or progress are made by BUSHPIG.
b.BUSHPIG Events are not medical, mental-health, counselling or therapeutic services, and are not a substitute for professional care. If You or a Participant have concerns about physical or mental health, please speak to a qualified health professional before booking.
c.Example results are provided for reference purposes and do not imply any guarantee of achieving comparable outcomes.
d.You agree that Participants’ results, experiences, and outcomes are subject to their own effort, capacity, and engagement, and BUSHPIG is not liable for any perceived lack of progress, transformation, or improvement during or after the Event.
e.This clause does not limit any non-excludable rights under the ACL.
8. Changes
a.BUSHPIG reserves the right to amend the Event schedule, Activities, or venue at any reasonable time where required for safety, weather conditions, or other reasonable circumstances and will notify You of any such change as soon as reasonably practicable.
b.If BUSHPIG changes the venue or schedule under clause 8 but provides an alternative program of substantially equivalent content, no refund or credit will be provided. If the change is material, You may request a credit towards another BUSHPIG experience by email, and BUSHPIG will make a good-faith determination in accordance with the ACL.
9. Refunds, Cancellations and Transfers
a.7-day refund period
You may cancel Your Booking for a full refund by emailing gday@bushpig.com.au within 7 days of making the Booking (that is, within 7 days of paying the deposit or full payment, whichever is first), as long as the Event has not started. We will refund You to the original payment method within 10 business days.
b.After the 7-day refund period
To the extent permitted by law, once the 7-day refund period has ended, Bookings are non-refundable. This includes where a Participant changes their mind, does not enjoy the Event, arrives late, leaves early, or is refused entry or removed from the Event under clause 12.
c.Transfers
So that You are not left out of pocket, after the 7-day refund period You may do either of the following instead of cancelling:
i.Transfer to another person: up to 2 weeks (14 days) before the Event starts, You may transfer the Booking to another person by emailing us their name and contact details.
The new Participant must be at least 18, must accept these Terms, and must complete the Registration & Waiver (including their health information) before the transfer takes effect.
We may decline a transfer if we reasonably consider that the new Participant is not suitable for the Event or the group, for example for safety reasons. If we do, Your Booking continues as before.
A transfer is at the price You paid, and You must not charge the new Participant more than that. There is no fee for a transfer.
ii.Transfer to another BUSHPIG experience: if You notify us at least 14 days before the Event, and subject to availability, we will move Your payment to another BUSHPIG experience of Your choice, valid for 12 months from the date of Your notice. Any difference in price is payable by You, and if the new experience costs less, the difference remains as credit for the same 12 months.
d.If BUSHPIG cancels
If BUSHPIG cancels an Event, clause 10 applies.
e.Hardship
In cases of serious illness, bereavement or other exceptional hardship, BUSHPIG may, in its discretion reasonably exercised, offer a refund or credit.
f.Your rights under the law
Nothing in this clause limits any right You have under the ACL that cannot be excluded.
10. Force Majeure and Cancellation by BUSHPIG
a.BUSHPIG will not be liable for failure to hold the Event as scheduled if it is prevented or is unsafe because of an event beyond our control, including acts of God, government actions or restrictions, unavoidable accident, power failure, fire, flood, pandemic, death, strikes, lockouts or any other calamity. This includes total fire bans, bushfire danger or activity, park or track closures, withdrawal or suspension of a park permit, severe weather warnings, and flood or river conditions that we reasonably judge to be unsafe. In such cases BUSHPIG may modify, postpone or reschedule the Event.
b.If the Event is postponed or rescheduled, BUSHPIG will offer a new date or a substantially similar BUSHPIG experience, delivered within a reasonable time (which BUSHPIG intends to be within 12 months of the original date), at no extra cost. You may then:
i.attend the new date or Event; or
ii.transfer the Booking to another person, or to another BUSHPIG experience, under clause 9(c).
Refunds are not available merely because You are unable to attend the new date or experience.
c.If the Event is cancelled before it starts, including because minimum numbers are not reached or an instructor is unavailable, BUSHPIG will provide a credit towards, or a transfer to, a substantially similar BUSHPIG experience delivered within a reasonable time (which BUSHPIG intends to be within 12 months of the original date). If an Event is stopped after it has started, BUSHPIG will provide a credit towards another BUSHPIG experience for a fair proportion of the part that was not delivered.
d.Except to the extent required by the ACL, BUSHPIG will not be responsible for any travel, accommodation, or other out-of-pocket expenses incurred by You or Participants if an Event is cancelled, postponed or modified.
e.Nothing in this clause 10 limits any right You have under the ACL that cannot be excluded, including any right to a remedy if BUSHPIG fails to provide the Event within a reasonable time.
11. General
a.Unless otherwise specified, all notices and communications to BUSHPIG must be made to gday@bushpig.com.au.
b.The non-exercise of or delay in exercising any power or right of a party does not operate as a waiver of that power or right, nor does any single exercise of any power or right preclude any other or further exercise of it, or the exercise of any other power or right. A power or right may only be waived in writing, signed by the party to be bound by the waiver.
c.Should any provision of these Terms be held by a court of competent jurisdiction to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions will not be affected. The unenforceable provision will be deemed amended to reflect the parties’ original intent as closely as possible.
d.These Terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales.
e.Subject to clause 2(a), these Terms constitute the entire agreement between the parties and supersede any prior arrangements, agreements, representations or undertakings. This does not limit any right You have under the ACL, including in relation to misleading or deceptive conduct.
f.You confirm that You have had the chance to read these Terms and to ask questions before agreeing, and that You are entering into this agreement voluntarily.
g.BUSHPIG may update these Terms for future Bookings. The Terms in force when You made the Booking apply to that Booking.
12. Refusal of Admission
a.We reserve the right to authorise or deny access to the Event in the reasonable exercise of our discretion.
b.We may refuse entry to a Participant, or remove them from the Event, on reasonable grounds, including if:
i.the Participant fails to comply with these Terms or the Registration & Waiver;
ii.the Participant has behaved or is behaving in a threatening, disruptive or offensive manner;
iii.the Participant poses a risk to themselves or others;
iv.the Participant unreasonably interferes with another Participant’s participation in the Event or venue, or with our staff carrying out their functions;
v.the Participant has brought or is consuming alcohol or illegal drugs, or is, or appears to be, impaired by alcohol or drugs; or
vi.there are legitimate safety or security reasons.
c.If a Participant is refused entry or removed on any of these grounds, no refund applies under clause 9, and the Participant (or You, if You booked for them) will bear all resulting costs, including transport or accommodation.
13. Risk Acknowledgment, Warning and Release
a.Risk Warning
i.The Event involves demanding Activities conducted in natural, rugged environments, including national parks, reserves and bushland in Australia, and at the rural property where the Event is based, as notified by BUSHPIG. BUSHPIG will conduct risk assessments before and during the Event to mitigate foreseeable hazards, but inherent and obvious risks remain.
The Activities include, but are not limited to:
- Running and hiking over rough, uneven terrain, including steep inclines, declines, loose surfaces, and natural obstacles such as rocks, roots, and vegetation. Distances of up to 10 km or more may be covered, requiring sustained endurance and physical fitness.
- Swimming, wading and crossing rivers, creeks and other natural waterways, which may involve cold water, currents, slippery or submerged hazards, and a risk of drowning.
- Camping in designated areas, if included in an Event, with exposure to natural elements and varying weather conditions (e.g., extreme heat, cold, rain, wind leading to hypothermia or heatstroke).
- Physical, close-contact movements, including grappling, wrestling, and shadow boxing, which may result in strains, sprains, or contact injuries.
ii.These Activities involve obvious risks within the meaning of ss 5F–5I of the CLA and, to the extent applicable, are dangerous recreational activities within the meaning of s 5L of the CLA (being activities that involve a significant risk of physical harm). These risks include, but are not limited to:
- Physical injuries such as falls, slips, trips, sprains, strains, bruises, abrasions, fractures, concussions, and potential encounters with wildlife (e.g., snakes, insects, spiders causing bites or stings).
- Drowning or near-drowning, cold-water shock, and injury in or near water.
- Exposure to variable weather conditions, including heat, cold, rain, wind, leading to dehydration, sunburn, or exhaustion.
- Exhaustion or injury, particularly for those unaccustomed to strenuous activity, including cardiovascular strain or aggravation of pre-existing conditions.
- Remote locations with limited or no mobile coverage, where emergency help and medical care may take a significant time to arrive.
- Injury from physical contact with other Participants.
- Fire, including campfires and bushfire.
- Psychological or emotional impacts due to the strenuous nature, isolation, group dynamics, or fear of heights or injury.
iii.BUSHPIG provides this risk warning in accordance with s 5M of the CLA. To the extent permitted by law, there is no duty of care owed by BUSHPIG in respect of any obvious risk or risk the subject of this warning. You acknowledge and agree that this warning is given in a manner reasonably likely to result in Participants being warned before engaging in the Activities. Each Participant will also receive this risk warning in the Registration & Waiver, which they must sign before the Event.
b.Voluntary Assumption of Risk
i.You acknowledge and voluntarily assume all inherent, obvious and other risks associated with the Activities (including the risks described above). You agree that the Event is undertaken at Your own risk to the fullest extent permitted by law.
c.Exclusion of Liability and Waiver (Recreational Services)
i.The Activities constitute recreational services for the purposes of s 139A of the CCA and the ACL and for the purposes of s 5N of the CLA.
ii.To the extent permitted by law (including under s 139A of the CCA and s 5N of the CLA), BUSHPIG supplies the recreational services on the basis that its liability for any death or physical or mental injury (including the aggravation, acceleration or recurrence of any pre-existing condition) suffered by any Participant as a result of a failure to comply with any consumer guarantee under ss 60–62 of the ACL (due care and skill, fitness for purpose) is excluded, restricted or modified as set out in these Terms.
iii.To the extent permitted by law, You (and each Participant, through the Registration & Waiver) waive, release and discharge BUSHPIG, its officers, instructors, employees, agents and affiliates from all liability for any personal injury, illness, death or related harm arising out of or in connection with the Event, including liability caused by the negligence of BUSHPIG or any of those persons. This waiver does not apply to the extent that any harm is caused by BUSHPIG’s reckless conduct (as defined in s 139A of the CCA) or wilful misconduct.
iv.To the extent permitted by law, BUSHPIG is not liable for any indirect or consequential loss (such as lost income or lost opportunities) arising from the Event. This does not limit any right that cannot lawfully be excluded.
d.Participant Warranties
You warrant and represent to BUSHPIG that:
- you have read this clause 13, and (if You are booking for others) You have given these Terms to each Participant;
- each Participant will sign the Registration & Waiver; and
- no Participant will be permitted to take part in the Event unless and until they have signed the Registration & Waiver.
BUSHPIG is not responsible for any risks or injuries arising from a Participant’s own actions, negligence, or failure to follow the instructions and safety measures provided during the Event.
e.Indemnity
i.You agree to indemnify BUSHPIG, its officers, instructors, employees, agents and affiliates against loss, damage, costs and expenses (including reasonable legal costs) that they suffer to the extent caused by the wilful or negligent act or omission of You or any Participant, or by a breach of these Terms or the Registration & Waiver by You or any Participant. This does not apply to the extent the loss is caused by BUSHPIG’s reckless conduct or wilful misconduct.
f.Emergency and Evacuation Costs
i.BUSHPIG may arrange emergency medical treatment, rescue or evacuation for a Participant where necessary for their safety. The cost of any ambulance, rescue, evacuation, medical treatment or related transport is the responsibility of the Participant. Participants are strongly encouraged to hold travel or personal accident insurance that covers these costs. BUSHPIG’s own insurance covers BUSHPIG’s legal liability and does not cover a Participant’s own medical, evacuation or travel costs or belongings.
g.Personal Property
i.To the extent permitted by law, BUSHPIG is not responsible for loss of, or damage to, a Participant’s personal property (including phones, cameras, valuables and equipment) during the Event. Participants bring and look after their own belongings.
h.Reasonableness
i.You agree that this exclusion of liability is reasonable and necessary to protect the interests of BUSHPIG and its staff, considering the nature of the Event activities and the risks involved.
ii.The ACL provides certain consumer guarantees which cannot be excluded. Nothing in these Terms excludes, restricts or modifies any non-excludable rights under the ACL, including rights in respect of services that cannot be lawfully limited or excluded.
14. Medical Information
a.Participants must ensure they are physically and mentally fit to participate. If necessary, Participants should obtain medical advice before the Event.
b.Participants are required to fully disclose on the Registration & Waiver any pre-existing medical or psychological conditions (including injuries, allergies, cardiovascular or respiratory conditions, or other health issues) that may affect their participation.
c.BUSHPIG reserves the right to deny participation to any person who fails to disclose pertinent medical information or who, after BUSHPIG has considered whether reasonable adjustments can be made, is reasonably assessed as unable to participate safely.
d.Each Participant is responsible for bringing and administering any personal medications required during the Event. BUSHPIG staff will provide first aid but will not administer medications.
e.In the event of a medical emergency where the Participant or their emergency contact is unable to provide consent, BUSHPIG may arrange emergency medical treatment for the Participant, including transportation to the nearest medical facility, where necessary for their safety and wellbeing. Any medical information collected will be handled in accordance with our Privacy Policy.
15. Assignment
a.BUSHPIG may assign its rights and obligations under this agreement to a third party only if it gives You written notice and the assignment does not reduce Your rights or the quality of what You have booked.
b.You may not assign Your rights or obligations except by transferring a Booking under clause 9(c).
16. Respect and Privacy of Others
a.What Participants share about themselves during an Event is personal to them. Participants must keep other Participants’ personal stories and information private.
b.Participants must not record other Participants (by audio, video or photo), or post or share another Participant’s name, image or personal story, without that person’s consent.
c.Participants are free to share their own experience of the Event, including on social media.
d.A Participant who breaches this clause may be removed from the Event under clause 12.
17. Materials and Intellectual Property
a.BUSHPIG owns the Materials and the BUSHPIG name and logo. Materials are provided for each Participant’s personal use.
b.Participants must not reproduce, sell or commercially exploit the Materials, or use the BUSHPIG name or logo, without our written permission.
c.This clause does not prevent a Participant from describing their own experience of the Event, or any disclosure required by law.
18. Dispute Resolution
a.If a dispute arises from or relates to Your Booking or these Terms, please raise it with us by email. The parties will first try to resolve it through good-faith negotiation between You and a director of BUSHPIG.
b.If the dispute is not resolved within 14 days, either party may refer it to mediation with a mediator agreed between the parties (or, if they cannot agree, nominated by a recognised Australian mediation body). The mediator’s costs are shared equally unless agreed otherwise.
c.If the dispute is not resolved within 30 days of a request for mediation, either party may start proceedings in a court or tribunal of New South Wales.
d.Nothing in this clause prevents either party from seeking urgent relief, contacting NSW Fair Trading, the ACCC or another regulator, or bringing a claim that the law requires or allows to be brought in a particular way.
19. Complaints
a.We value Your feedback, both positive and negative. You can provide Your feedback to gday@bushpig.com.au.
b.If a Participant experiences an issue during the Event, they should bring it to the attention of designated Event staff, and we will use reasonable efforts to address it promptly. We ask that any formal complaint about the Event be submitted in writing within 14 days after the Event, so that we can look into it while details are fresh. This does not remove or limit any of Your legal rights.
20. Travel and Transport
a.Travel to and from the Event meeting point or venue is not included. Each Participant arranges and pays for their own travel.
b.BUSHPIG’s responsibility for the Activities begins when a Participant arrives at the meeting point at the start time notified by BUSHPIG, and ends when the Event concludes and the Participant leaves.
c.To the extent permitted by law, BUSHPIG is not liable for any delay, cancellation, accident, injury, illness, loss or damage that occurs during, or arises out of, a Participant’s travel to or from the Event, including as a result of the acts of third-party drivers or carriers, traffic conditions, weather, road closures or mechanical failure, except to the extent caused by BUSHPIG’s own act or omission.
d.Participants must be rested, sober and fit to drive if they are driving. Please plan your travel so that you arrive safely and do not drive home if you are exhausted. Carpooling or public transport is encouraged where available.
e.If BUSHPIG moves Participants between locations during the Event in a BUSHPIG or hired vehicle, that is part of the Event. Participants must wear seatbelts and follow the driver’s instructions.
f.Carpooling during the Event. Participants may travel between Event locations in carpools, using the vehicles of Participants who volunteer to drive. Driving is voluntary. Each driver must hold a current licence, ensure their vehicle is registered, roadworthy and insured (including compulsory third party insurance), obey the road rules, be rested and sober, and follow any reasonable directions from BUSHPIG about routes and safety. BUSHPIG will reimburse reasonable fuel costs for driving that forms part of the Event itinerary, at the rate and in the way notified by BUSHPIG. This does not cover travel to or from the meeting point, or any other personal travel. The reimbursement is not payment for a transport service and does not make BUSHPIG the operator of the vehicle. Passengers acknowledge that road travel carries inherent risk (see clause 13). To the extent permitted by law, BUSHPIG is not liable for loss, injury or damage arising from the driving of a Participant, except to the extent caused by BUSHPIG’s own act or omission.
21. Booking for Others
a.This clause applies if You book places for other people, such as a gift, a group of friends, or on behalf of an employer or company.
b.You confirm that You have authority to make the Booking for them. If You book for a company, You confirm that You have authority to bind it, and the company and You are jointly responsible for payment.
c.You must give each Participant these Terms before they attend, and make sure each Participant completes and signs the Registration & Waiver. You cannot sign it for them, and each Participant is bound by the release only through their own signature.
d.The cancellation, refund and transfer rules in clause 9 apply to the Booking as a whole. A transfer to another person under clause 9(c) can be used to change who attends.
e.If You book for Your employees or contractors, You remain responsible for Your own obligations to them, including under work health and safety laws.
f.We can issue a tax invoice on request.