Franchise Australia Pty Ltd as Trustee for The JB Trust (ABN 197 177 815 408),
In partnership with:
Bruce Harwood & Margaret Knight as trustees for The BruceMarg Family Trust (ABN 70 441 924 092).
EPIC 4WD Tagalong Tours (ABN 16 645 942 779) of PO Box 3074 Lesmurdie WA 6076, and (where the context permits) our employees, agents, contractors and suppliers, these Terms and Conditions (including exclusions from liability) apply to their benefit.
EPIC means EPIC 4WD Tag Along Tours
Booking means a Booking of a Tour made between EPIC and Client as outlined below.
Client means any person or Legal Entity who makes a Booking with EPIC.
Participant means any person travelling in any vehicle on an EPIC Tour.
Tour means a tour with EPIC.
All amounts on this site are in Australian Dollars (AUD) and include GST.
You the Client acknowledge and agree that:
BOOKINGS and PAYMENT
For all bookings made with EPIC, it is assumed and implied that these Terms and Conditions have been read, understood, and accepted in full.
- Bookings can be made online.
- A minimum 20% Deposit is required at time of booking.
- The balance is payable no later than 72 hours prior to the scheduled Tour Departure Date.
- Tour prices are Inclusive of GST.
EPIC reserves the right to vary Tour prices.
(The following may be varied at any time subject to prior advice to you)
Cancellation of bookings will incur the following penalties.
- Within 7 days prior to the scheduled Tour departure Date:
- 75% of tour price unless a replacement Client (suitably prepared, equipped and being acceptable to EPIC), can be secured to take your booking.
- Between 8 and 21 days prior to the scheduled Tour departure Date:
- 50% cancellation fee.
- More than 21 days prior to the scheduled Tour departure Date:
- Full Refund will be provided, less any unrecoverable costs incurred, plus a booking Fee of $200.00.
*All cancellations must be received in writing by EPIC and are not effective until such written notice has been received. If your Tour has already commenced, 100% of the full tour price is forfeited unless otherwise agreed. There are no refunds for leaving the Tour before the scheduled end date.
EPIC may suspend its obligations under this agreement if its ability to perform is affected by cyclones, storms, fires, earthquakes, explosions, embargoes, government directives, or any law or regulation, litigation or labour dispute, act of God (such as flood), war, terrorism, or any other cause which is beyond its reasonable control.
EPIC in their sole discretion reserves the right to alter any tour dates, tour routes and/or itineraries and time schedules or cancel any tours for the safety of participants and/or for any other reason.
Acceptance of these Terms and Conditions forms the agreement between you, the Client, your passengers, and EPIC.
You Warrant that all necessary personal health or medical conditions for all participants in your care have been disclosed to EPIC on the booking form as well as disclosing all medications which you or your participants might require to take at any time and where they are stored in your vehicle.
You the Client hereby confirm that you act on behalf of and are responsible for all passengers who may travel in your vehicle at any time whilst you are on tour with EPIC.
You accept full responsibility for their legal rights, personal health worthiness and all associated risks as participants.
EPIC is not liable for the sickness or injury of any Tour participant.
You warrant that you and all your passengers do not have any pre-existing medical condition or disability (including those disclosed on the Booking Form) which will have an impact on or prevent you from participating in or completing the Tour. It is your responsibility to ensure that you are medically fit and capable of completing the Tour.
Tours are carried out in areas with limited medical support services.
You hereby authorise EPIC to take such action as is necessary (but without any obligation on EPIC to do so) for the provision of medical services at your cost, including but not limited to, the arrangement of any medical evacuation service by air/road, the attendance of any doctor, nurse, paramedic or ambulance officer and any necessary hospital service. You must pay the costs on time to the provider of the services within seven days of demand.
You are not entitled to any refund for any part of the Tour that you miss due to sickness, illness, or injury or due to other circumstances outside the control of EPIC.
Participation in any Tour organised by EPIC is voluntary.
You understand that ‘tagalong tours’ are challenging self-drive adventures traversing remote areas and most often with no facilities. You agree to be self-supporting at all times.
You and your passengers undertake to obey all state and/or local laws whilst on tour.
No Pets or Firearms are allowed on any Tour.
You must comply with directions and advice from EPIC while undertaking the Tour and for matters relating to the Tour.
Participation on the Tour involves group interaction with other participants and EPIC, and you (including all passengers travelling with you), agree that at all times to act decently and with respect to other participants and EPIC. You must not create any nuisance to other participants, EPIC, or the general public.
All directions and rules for national parks must be followed, and if not your participation in the Tour may be cancelled.
EPIC may suspend or cancel your participation or continued participation on the Tour at any time if there are reasonable grounds to do so, without liability if you breach these Terms and Conditions. If at any time during a Tour you leave the official tour itinerary for any reason, then you are travelling and conducting yourself as an independent tourist, up to and including such time as you re-join the Tour and are acknowledged by EPIC as being ‘back on tour’. Obtaining such acknowledgement is your responsibility. Failure to do so will be a breach by you of these Terms and Conditions and negate all responsibility otherwise assumed by EPIC.
OTHER SERVICE PROVIDERS
Where participants are enrolled in other ‘activities’ provided by other services providers then the liability for their health and safety with respect to those activities is with that service provider. EPIC expressly is not liable and has no responsibility to you in these instances.
PHOTOGRAPHY and VIDEOGRAPHY (Including the use of a Drone or such other photographic device)
You agree that all photos and videos taken of you or any passengers travelling with you on a Tour can be used for marketing or promotional purposes by EPIC. You grant us unconditional approval to use the images and footage royalty free for marketing and promotional purposes Australia wide and for a period of not less than fifteen years from the date such images are taken.
All drivers/co drivers of vehicles must have a current and valid driver’s licence which allows them to legally drive a four-wheel drive motor vehicle in Australia.
VEHICLE MAINTENANCE AND SUITABILITY
To participate in a Tour with EPIC, the vehicle you use for the Tour must be a 4wd vehicle with
High and Low range gearing and have reasonable ground clearance and All Terrain Tyres.
Some AWD vehicles are not deemed suitable on some of EPIC’s tours and prior agreement to their use is required from EPIC.
Your vehicle or the vehicle you intend to use for the Tour must be in a state of good repair and had a recent service. If EPIC has concerns about the state of your vehicle they may require a mechanical check to be conducted at your expense prior to departure.
If at the time of departure, EPIC is not satisfied with the state of the vehicle or deems the vehicle to be unsuitable for the terrain to be encountered, you may not be allowed to join the Tour and all monies will be forfeited in line with the Cancellation Policy referred to above. You are responsible for the repair and maintenance of your vehicle whilst on tour. In that regard you are expected to inspect your vehicle daily for any signs which might indicate a threat to its ability to continue with safety and reliability. EPIC personnel are not to be seen as mechanical solutions in the event of a breakdown of your vehicle. They are there to support you in that regard however all repairs are entirely your own responsibility.
TRAVEL AND VEHICLE INSURANCE
EPIC strongly advises Clients to take out comprehensive travel insurance to cover any unforeseen circumstances. EPIC recommends that you do this before booking one of its tours.
Recovery of a disabled or damaged vehicle is the vehicle owners’ responsibility. EPIC highly recommends insurance for vehicle recovery.
EPIC is not liable and you release EPIC from all Claims and liabilities arising out of, or relating to your participation in the Tour, including (but not limited to) actions (or inactions) of EPIC undertaken pursuant to these Terms and Conditions, and including those caused or contributed to by third parties, including suppliers to EPIC and other participants on the Tour. For the purposes of this clause “Claims” means any allegation, cause of action, claim, demand, proceeding, litigation, investigation, judgement, loss, cost, or expense of whatever nature and whether present or future, fixed or un-ascertained, actual, or contingent and whether arising at law or in equity, under statute or otherwise.
You indemnify EPIC for any loss suffered by EPIC and against all Claims (as defined in the preceding clause) and liabilities arising out of or related to your participation in the Tour and any breach by you of these Terms and Conditions.
EPIC may suspend its obligations under this agreement if its ability to perform its obligations is affected by cyclones, storms, earthquakes, explosions, embargoes, government directives, or any law or regulation, litigation or labour dispute, war, terrorism, or any other cause which is beyond its reasonable control.
EPIC accepts no responsibility or liability for any injury, loss, damage, death, illness, change of itinerary or delay (including mechanical breakdown) caused either directly or indirectly as a result of events which are outside of EPIC’s control. Such events include but not limited to fires, floods, acts of God, unusually severe weather, industrial action, or commercial flight disruptions.
PERSONAL FITNESS & HEALTH
EPIC’s tour itineraries may contain guided sight-seeing walks to natural attractions. Clients and their passengers are required to have a reasonable level of fitness in order to participate in such activities.
Some walking tracks have sections of uneven, rocky ground and may be slippery. The walks on EPIC’s tours vary in length, so please read your chosen tour description for further information or contact EPIC who will be able to describe each walk to you.
Whilst on a bush walk it is the responsibility of each participant to carry adequate drinking water.
EPIC requires all participants to honestly advise of any condition, medical or otherwise, to the Tour Leader, which may prevent them from safely participating in planned activities while on EPIC’s tours.
If participants feel they are unable to participate in the walk on the day, alternative arrangements may be made, provided there is adequate provision for participant comfort and safety during their absence from the activity.
PARTICIPATION, RISKS & ENJOYMENT
While every care for the safety of vehicles and participants is taken, all participants and vehicles participate at their own risk.
Four Wheel driving can at times be a hazardous activity.
EPIC do not set out to place you, your passengers, or your vehicle in harm’s way however you are responsible for taking decisions to participate in any activity or driving route based on your knowledge of your own skills and the capability of your vehicle. Withdrawing from any such activity or intended ‘driving route’ is not a breach by you of these Terms and Conditions subject to you discussing with EPIC that you will require an alternative route and then re-join the Tour. Where possible EPIC will provide support to you for the alternative route to be taken, however this cannot be guaranteed if in the opinion of EPIC, it might place the balance of the tour participants at a higher level of risk.
Clients and passengers accept that tours include participation in activities which may involve certain risks and dangers beyond the control of EPIC. Such activities containing risks include but are not limited to, bush walking, swimming, travelling in remote undeveloped locations and 4-wheel driving over varying types of terrain.
Clients and passengers accept that some tours include visits and overnight stays in areas located some distance from hospitals, medical centres, or other forms of professional medical facilities.
Clients and passengers accept that it is their responsibility to ensure that their health is in a state which will allow them to enjoy the Tour and successfully complete the activities which the Tour offers.
Clients and/or passengers will not be permitted to continue on tours when in the opinion of the EPIC Tour Leader, the Client and/or passenger’s conduct or condition is placing their own or the safety of other participants at risk or is adversely affecting the enjoyment of other participants for whatever cause.
EPIC will take all reasonable steps to provide an enjoyable tour. However, no liability will be accepted for any loss of enjoyment experienced by Clients/passengers due to circumstances which are beyond EPIC’s control or otherwise.
DATA PROTECTION POLICY
Any personal information (including sensitive information and health information) which EPIC receives and retains from you or about you is necessary for its business purposes. EPIC does not disclose this information to other parties unless it is necessary, such as for medical or dietary information if medical services are required for you at any time.
The only terms and conditions which are binding upon EPIC are those set out in these Terms and Conditions or otherwise agreed to in writing by EPIC and those, if any, which are imposed by law and which cannot be excluded.