Definitions

Arrangement means any airfares, accommodation, meals or other activities listed on your Itinerary which Tourism Tasmania has not organised as part of the Experience Program.

Agreement means this Agreement for your participation in the Experience Program.

Claim means causes of action, suits, claims, liabilities, debts, costs (including legal costs), expenses and demands whatsoever, whether present or future, fixed or unascertained, actual or contingent, at law or in equity, under statute or otherwise.

Commercial Filming includes any filming which is undertaken for financial consideration, either on consignment for another party or with a view to selling or hiring the imagery obtained, or for promotion of a product or service and includes still photography.

Employer means the third party entity that employs you.

Experiences means airfares, accommodation, meals and any other activities listed on your Itinerary for you to participate in while you are in Tasmania and which have been organised by Tourism Tasmania.

Guest means a family member or a friend.

Itinerary means an Itinerary supplied to you by Tourism Tasmania that outlines the Experiences you will undertake as part of the Experience Program.  The Itinerary may include airfares and Arrangements which have not been organised by Tourism Tasmania as part of the Experience Program but which have been included for your convenience.

Licences means licences, permits, permissions, approvals and anything else required to be permitted to undertake Commercial Filming in Tasmania.

Participant is a person approved by Tourism Tasmania to participate in the Experience Program.

Personal Information has the same meaning as it does under the Personal Information Protection Act (Tas) 2004 and includes sensitive information, such as health information.

Rights includes a right, power, remedy, authority and discretion.

Tourism Tasmania means the Statutory Authority established under section 4 of the Tourism Tasmania Act 1996 (Tas) and any employees, agents, officers, members or contactors of Tourism Tasmania or the Crown and, where relevant, includes the Crown in Right of Tasmania (Crown).

2. Application to Participate

By completing the Participation Agreement form, you will be applying to participate in the Experience Program.

Your application may or may not be accepted by Tourism Tasmania.  Tourism Tasmania will confirm with you whether you have been accepted as a Participant in the Experience Program.

This Agreement will bind Tourism Tasmania and you from the date of the notification from Tourism Tasmania to you that you have been accepted as a Participant in the Experience Program.

3. Party

If you are accepted as a Participant in the Experience Program, all Experiences arranged by Tourism Tasmania will be with you alone and cannot be assigned or transferred by you to any other person without the prior written consent of Tourism Tasmania.

4. The Itinerary

Once you are accepted by Tourism Tasmania to participate in the Experience Program, an Itinerary will be provided to you by Tourism Tasmania.

Tourism Tasmania will use best endeavours to arrange an Itinerary for you that takes into account the information provided by you in response to the questions asked under “Personal Information” on the Agreement form, prior to you clicking on “Submit”.

You must review your Itinerary carefully prior to travelling to Tasmania to ensure you are able to participate in all Experiences listed in the Itinerary.  If there is an Experience listed in your Itinerary that you are unable to participate in, for example, for health reasons, you must notify the contact person listed in your Itinerary, prior to travelling to Tasmania in order for Tourism Tasmania to make any available alternative arrangements before you travel to Tasmania. 

If necessary, Tourism Tasmania will provide you with an updated Itinerary, prior to you travelling to Tasmania. 

The last Itinerary you receive from Tourism Tasmania prior to you travelling to Tasmania, will be your Final Itinerary.   The Final Itinerary will and must not be altered, without Tourism Tasmania’s prior written agreement.

You agree that you will:

• check in on time for all flights and Experience listed in your Itinerary;
• participate in and complete all Experiences included in the Final Itinerary; and
• enter into any agreements necessary with Experience operators

5. Experiences

If you have particular health conditions, phobias or issues that may impact upon your ability to participate in any Experience, such as a discomfort of heights; motion sickness or food allergies, you must disclose this when completing your personal details on the Participation Agreement form in order for them to be considered by Tourism Tasmania when setting your Itinerary.

Some of the Experiences may have inherent dangers and risk including the risk of sickness, injury or death.

Before you agree to participate in any Experience that may have inherent dangers and/or risks, it is important that you undertake your own risk assessment to appreciate the nature and extent of the risks associated with the Experience and, in that regard, you expressly acknowledge that you have not, and will not, rely upon any representation by, Tourism Tasmania as to the nature of risks associated with any Experience or your suitability to participate in any Experience.

If following your risk assessment, you decline the opportunity to participate in an Experience because you have assessed the Experience as too risky or dangerous for you to participate in, please notify Tourism Tasmania as soon as possible in order for an alternative Experience to be considered for you by Tourism Tasmania.  Tourism Tasmania does not guarantee that an alternative Experience will be able to be arranged.

If you agree to participate in any Experiences you do so freely, voluntarily and solely at your discretion and acceptance of risk and assumption of all liability. 

You agree that in relation to your participation in the Experience Program you will take full responsibility for your own health and safety and the health and safety of others who may be impacted by your acts or omissions.

You accept all risk and assume all liability for participating in any Arrangements (see definition of ”Arrangement” above).

6. Guest/s

When completing the 'Participation Agreement' form, you must inform Tourism Tasmania if you wish to be joined by Guest/s while you participate in the Experience Program.

If Tourism Tasmania does not agree to you travelling with a Guest or Guests, Tourism Tasmania may not accept your application to participate in the Experience Program.

If during your time in Tasmania as part of the Experience Program, you are joined by one or more Guests, you agree that you will:

• continue to honour your obligations and participate in and complete all Experiences, including, where an interview has been arranged, to attend any interviews without Guests being present;
• ensure any Guest is aware that Tourism Tasmania has no obligations in relation to the Guest in any way and the Guest/s are to make their own arrangements for the period you will be participating in the Experience Program, including in relation to accommodation, meals, and other arrangements made for or by any Guest;
• accept full financial and legal responsibility for any Guests.
• ensure the Guest/s behave/s appropriately at all times.

7. Responsibility for Payment of Expenses

Tourism Tasmania accepts responsibility for payment of Experiences which are identified as paid for by Tourism Tasmania on your Itinerary.

For the avoidance of doubt, Tourism Tasmania will not accept any financial responsibility for any costs, expenses, charges or fees or other payments (Expenses) payable in relation to:

• any Arrangement;
• any Guest;
• mini-bar, in-room entertainment, internet, laundry services, telephone or other communication costs, tipping, drinks (alcoholic and non-alcoholic), departure taxes, meals, petrol or car hire costs

unless specified otherwise in your Itinerary or unless Tourism Tasmania’s approval in writing has been obtained prior to the Expense being incurred.

8. Cancellation of Itinerary and Participation in the Experience Program

Tourism Tasmania may, at any time, cancel your participation in the Experience Program for any reason, acting reasonably, and may, in its absolute discretion, arrange for you to leave Tasmania. 

If you or Tourism Tasmania alters or cancels all or part of your Itinerary, additional costs, charges or fees (Costs) may be incurred by Tourism Tasmania.  If Tourism Tasmania incurs any such Costs, you must pay or reimburse Tourism Tasmania for those Costs upon demand by Tourism Tasmania.  Tourism Tasmania may institute legal proceeds for recovery of Costs.

You may, for health or other valid reasons which were outside your reasonable control, cancel by notice in writing to Toursim Tasmania, your Itinerary with as much notice as is reasonably possible in the circumstances.  If you cancel for reasons beyond your reasonable control, Tourism Tasmania may request supporting evidence for the reasons for cancellation and may in circumstances determined by Tourism Tasmania to be valid (in its absolute discretion), not recoup Costs from you,

Tourism Tasmania may, in its absolute discretion, agree to reschedule your participation in the Experience Program for other dates that are convenient to you.

9. Commercial Filming and Photography Licences

You acknowledge and agree that:

• you are aware that Commercial Filming Licences are required for Commercial Filming to be taken in certain locations in Tasmania including, but not limited to, in Tasmanian National Parks (from Tasmania Parks and Wildlife Service), on land owned by TasPorts including on land surrounding Hobart’s waterfront (from TasPorts), in the Botanical Gardens (from the Botanical Gardens Board), and from municipal Councils;
• you will ensure all necessary Licences have been obtained within the relevant timeframes stipulated by the relevant authority responsible for providing the Licence;
• Tourism Tasmania is not responsible for payment of any Licence fees associated with any required Licenses and you will or you will ensure any Licence required by you has been arranged and paid for prior to engaging in any Commercial Filming; and
• you are responsible for complying with all conditions imposed with the granting of a Licence, including ensuring any public liability insurance required by the relevant authority granting the Licence is in place prior to engaging in any Commercial Filming.

10. Driving

If you are required to drive at some point during your time in Tasmania as part of the Experience Program, you must:

• ensure you make yourself aware of the distances you may be required to drive and the travel times associated with those distances based on the difficulty of the drive;
• hold a full current driver’s licence that is valid in Australia for the class of vehicle you will drive;
• comply with all conditions on your driver’s licence;
• comply with all Tasmanian road rules; and
• pay for any infringements or fines you obtain while in Tasmania.

If you hire a car, or if a car is hired on your behalf by Tourism Tasmania, the car will be hired in your own name and you will be responsible for:

• checking the condition of the vehicle before leaving the hire car premises as well as the wear and tear of the vehicle.
• filling the vehicle with fuel, at your own cost, throughout the hire duration and prior to returning the vehicle.
• ensuring that only listed drivers operate the vehicle.
• payment of and any other requirements related to any traffic infringements, fines and/or offences that arise while you are responsible for the vehicle; and
• agreeing to the terms and conditions of the hire vehicle car company.

Tourism Tasmania accepts no responsibility for any breaches by you of a hire car company’s terms and conditions, for any damage, loss, cost, liability, injury or death that you suffer or case to be suffered, whether to property or person, as a result of your use of the car and you indemnify Tourism Tasmania against all Claims associated with your use of a car.

11. Intellectual Property

Documents, data or information provided for, or on behalf of Tourism Tasmania to you in relation to delivery of the Experience Program and owned by Tourism Tasmania (Tourism Tasmania Material), remains the property of Tourism Tasmania.

You must ensure that any electronic copies of Tourism Tasmania Material held by you:

(a)      are protected against loss, damage, corruption, misuse and unauthorised access by taking security measures no less stringent than good industry practice; and

(b)      are only stored within Australia (unless Tourism Tasmania has agreed, in writing, to storage outside Australia).

Any images or logos or other intellectual property (Intellectual Property) required for content creation by you, or your Employer, as a result of your participation in the Experience Program which is sourced from Tourism Tasmania must be sourced from the Tourism Tasmania’s visual library and must be used in accordance with any terms imposed and must not breach the owner’s moral rights including the right of accurate attribution and the right of integrity.

If you provide any of your Intellectual Property to Tourism Tasmania, you will be required to enter into a licence agreement with Tourism Tasmania.

You indemnify Tourism Tasmania against any infringement by you of Tourism Tasmania’s or any third party’s intellectual property rights, including moral rights.

12. Confidentiality

You must not publicly disclose or use for a purpose other than for the purposes of the Agreement, any document, data or information provided by, or on behalf of Tourism Tasmania to you in relation to the Experience Program.

13. Insurances

You warrant that all necessary insurances have been obtained for your travel to Tasmania and participation in the Experience Program, including comprehensive travel insurance, personal accident and  illness insurance, third party personal injury and property insurance and any public liability and professional indemnity insurances required (except to the extent that a particular risk is insured against under other insurance effected in compliance with this clause).

You must provide Tourism Tasmania with evidence of your insurances on request by Tourism Tasmania.

14. Release

To the extent permitted by law, you (for yourself and your heirs, executors, administrators and assigns) waive all present and future Claims against Tourism Tasmania and/or the Crown for:

• personal injury or death,
• either or both loss of, or damage to any property

arising from or in relation to your participation in the Experience Program. 

This waiver does not operate to release Tourism Tasmania from liability arising from, or attributable to, a wrongful (including negligent) act or omission of Tourism Tasmania.

15. Indemnity

You agree to indemnify and hold harmless Tourism Tasmania and the Crown from and against all present and future legal liability and Claims for:

• personal injury, or death; or
• either or both loss of, or damage to any property; or
• financial loss, that either you or a third party (including any Guest) may suffer due to or arising from or attributable to your travelling to and in Tasmania to participate in the Experience Program and/or your participation in any Experiences undertaken as part of the Experience Program or otherwise that is not caused by the wrongful (including negligent) act or omission of Tourism Tasmania.

The indemnities in this provision:

• are continuing obligations, separate and independent from any other obligations; and
• survive the termination of this Agreement.

16. Collection and Use of Personal information

Purpose of Collection Tourism Tasmania collects personal information for the primary purpose of facilitating your participation in the Experience Program. This includes arranging travel, accommodation, activities, and ensuring your health and safety during the program.

Types of Personal Information Collected The personal information collected may include, but is not limited to:

• Name, address, and contact details
• Health information such as dietary requirements and phobias
• Travel details and preferences
• Emergency contact information

Use and Disclosure of Personal Information Tourism Tasmania will use and disclose your personal information only for the purposes for which it was collected, or as otherwise permitted by the Personal Information Protection Act 2004 (Tas). This includes:

• Sharing your information with third-party service providers involved in the Experience Program, such as accommodation providers, activity operators, and travel agencies
• Using your information to communicate with you about the Experience Program and any related updates or changes
• Disclosing your information to relevant authorities if required or permitted by or under law, or for health and safety reasons

Consent By participating in the Experience Program, you consent to the collection, use, and disclosure of your personal information as described in this clause.

Storage and Security Tourism Tasmania will take reasonable steps to protect your personal information from misuse, interference, loss, unauthorised access, modification, or disclosure. Your information will be stored securely and only accessible by authorised personnel.

Access and Correction You have the right to access and correct your personal information held by Tourism Tasmania. If you wish to access or correct your information, please contact Tourism Tasmania using the contact details provided in this agreement.

Privacy Policy For more information about how Tourism Tasmania collects, uses, and discloses personal information, please refer to our Privacy Policy, which is available on our website – https://www.tourismtasmania.com.au/privacy/#:~:text=Information%20logged,to%20one%20of%20our%20newsletters

17. Miscellaneous

17.1   In this clause, GST Act means the A New Tax System (Goods and Services Tax) Act 1999     (Cwlth) and the related imposition Acts of the Commonwealth. Expressions defined in the GST Act have the same meaning when used in this clause.

If GST is imposed on any supply made under the Contract, the recipient of the supply must pay to the person making the supply, in addition to any consideration payable, or to be provided, by the recipient under the Contract for that supply, an additional amount equal to the GST payable by the person making the supply for that supply. The additional amount is to be paid at the same time and in the same manner as the supply to which the GST relates.

17.2   The addresses of the parties for the receipt of any Notice are as set out in the Itinerary, or as subsequently notified by one party to the other in writing.

           A Notice may be served by: delivering it by hand to the party; leaving it at the party's address referred to above; or by sending it by email to the party's email address; or sending it by prepaid ordinary post to the party's address.

           A Notice is taken to have been received: if hand delivered to the party, when delivered; if left at the party's address, when left; if sent by email to the party's email address, the next Business Day after sending (with no evidence that the email has not been delivered); and if sent by post to the party's address, on the fifth Business Day after the day of posting.

           A Notice must be in legible writing in the English language.

           In this clause Notice means a notice or other communication for the purpose of the Contract.

• The Agreement is governed by the law of Tasmania. The parties submit to the jurisdiction of the courts of Tasmania.
• Nothing in this Agreement is intended to prevent, is to be taken to prevent, or prevents, the free exercise by the Governor, by any member of the Executive Council, or by any Minister of the Crown, of any duties or authorities of his or her office. Any provision of this Agreement that is inconsistent with this clause is of no legal effect to the extent of the inconsistency.
• The termination of this Agreement does not affect any claims related to, or any Rights, releases, obligations or liabilities accrued or incurred under, this Agreement before the date on which this Agreement is terminated.
• This Agreement may only be amended or supplemented in writing signed by the parties.
• Each party must bear their own costs in preparing and negotiating this Agreement.
• If the day on or by which an act, matter or thing is to be done under this Agreement is not a Business Day, that act, matter or thing must be done by no later than the next Business Day.
• If a provision of this Agreement is or at any time becomes illegal, prohibited, void or unenforceable for any reason, that provision is severed from this Agreement and the remaining provisions of this Agreement:
• continue to be enforceable; and
• are to be construed with such additions, deletions and modifications of language as are necessary to give effect to the remaining provisions of this Agreement.
• In these terms, unless the context otherwise requires:

(a)    headings do not affect the interpretation of the terms;

(b)    words denoting the singular include the plural and vice versa;

(c)    words denoting any gender include all genders;

(d)    other grammatical forms of a defined term have a corresponding meaning;

(e)    a reference to any thing or any property includes a part of that thing or property;

(f)     a reference to a party includes that party's successors and permitted assigns;

(g)    a reference to any legislation includes subordinate legislation made under it and any amendment to, or replacement for, any of them;

(h)    references to '$' and 'dollars' are to Australian dollars; and

(i)     a reference to a time or date in connection with the performance of an obligation, is reference to a time or date in Hobart, Tasmania, even if the obligation is to be performed elsewhere.

• In relation to the interpretation of this Agreement, no rule of construction is to apply to disadvantage a party because that party was responsible for the preparation of this Agreement.
• A reference to Tourism Tasmania or the Crown includes any delegate acting on their behalf.