Terms of Service

Last Updated: January 2024

1. Agreement to Terms

By accessing and using WildEnergy Club services, including our website, outdoor adventure programs, events, and membership benefits, you agree to be bound by these Terms of Service. These terms constitute a legally binding agreement between you and WildEnergy Club. If you do not agree with any part of these terms, you must not use our services or participate in our programs. We reserve the right to modify these terms at any time, and your continued use of our services following any changes indicates your acceptance of the updated terms.

2. Membership and Registration

To participate in WildEnergy Club adventures and events, you must register for membership and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must be at least 18 years of age to register independently, or have parental/guardian consent if under 18. Members must notify us immediately of any unauthorized use of their account or any other breach of security. WildEnergy Club reserves the right to refuse membership or terminate accounts at our discretion for violation of these terms or inappropriate conduct.

3. Adventure Programs and Activities

WildEnergy Club offers various outdoor adventure programs including hiking, trail running, camping, and nature exploration. All activities involve inherent risks associated with outdoor recreation, and participants must acknowledge these risks before participation. We provide safety briefings, appropriate equipment where specified, and experienced guides, but participants are responsible for following instructions, maintaining appropriate fitness levels, and disclosing any medical conditions that may affect their ability to participate safely. Program details, locations, and schedules are subject to change based on weather conditions, safety considerations, or other circumstances beyond our control.

4. Health and Safety Requirements

Participants must be in appropriate physical condition for their chosen activities and must honestly disclose any medical conditions, injuries, or limitations that could affect their safety or ability to participate. WildEnergy Club reserves the right to exclude individuals from activities if their participation poses risks to themselves or others. All participants must follow guide instructions, safety protocols, and environmental guidelines at all times. Failure to comply with safety requirements may result in removal from activities without refund. In emergency situations, our guides have authority to make decisions regarding participant welfare and activity continuation.

5. Cancellation and Refund Policy

Cancellation policies vary by program type and membership level. Generally, cancellations made more than 14 days before an event may receive credit toward future activities, while cancellations within 14 days may not be eligible for credit or refunds. WildEnergy Club reserves the right to cancel or reschedule events due to weather, insufficient enrollment, safety concerns, or other circumstances, in which case participants will be offered alternative dates or full credit. No refunds will be provided for voluntary withdrawal from activities after they have commenced, or for missed activities due to participant absence or late arrival.

6. Code of Conduct

All WildEnergy Club members and participants must treat fellow adventurers, guides, staff, and natural environments with respect. Harassment, discrimination, aggressive behavior, or disrespect toward others will not be tolerated and may result in immediate removal from activities and membership termination. Participants must follow Leave No Trace principles, respect wildlife, stay on designated trails, and comply with all environmental regulations. Alcohol and illegal substances are strictly prohibited during all WildEnergy Club activities. Members are expected to represent our community values of safety, inclusivity, environmental stewardship, and positive outdoor ethics.

7. Assumption of Risk and Liability

Outdoor adventure activities involve inherent risks including but not limited to: physical injury, equipment failure, weather conditions, wildlife encounters, terrain hazards, and other unpredictable circumstances. By participating in WildEnergy Club programs, you acknowledge these risks and assume full responsibility for any injuries or damages that may occur. While we implement comprehensive safety measures and employ experienced guides, we cannot guarantee absolute safety. Participants agree to hold WildEnergy Club, its staff, guides, partners, and affiliates harmless from any claims, damages, or liabilities arising from participation in our activities, except in cases of gross negligence or willful misconduct.

8. Photography and Media Usage

WildEnergy Club may photograph or record activities for promotional, educational, or documentation purposes. By participating in our programs, you grant us permission to use images or videos that include your likeness in our marketing materials, website, publications, and media without compensation. If you do not wish to be photographed or prefer that images of you not be used publicly, you must inform our staff in writing before the activity begins. We respect privacy and will honor such requests whenever possible, though we cannot guarantee complete exclusion from group photos or background footage.

9. Equipment and Personal Property

Where equipment is provided as part of program fees, members are responsible for its proper use and care. Any loss, damage beyond normal wear, or theft of provided equipment may result in charges for replacement or repair. WildEnergy Club is not responsible for loss, theft, or damage to participants' personal property during activities, including vehicles left at trailheads or gear at campsites. We recommend appropriate insurance coverage for valuable personal equipment. Participants must use only approved equipment and clothing suitable for planned activities and environmental conditions as specified in pre-activity communications.

10. Intellectual Property Rights

All content on the WildEnergy Club website, including text, graphics, logos, images, route information, and training materials, is protected by copyright, trademark, and other intellectual property laws. This content is owned by or licensed to WildEnergy Club and may not be reproduced, distributed, modified, or used for commercial purposes without explicit written permission. Members may not share, sell, or redistribute proprietary route information, training programs, or other exclusive content provided through membership. Violation of intellectual property rights may result in membership termination and legal action.

11. Third-Party Services and Links

WildEnergy Club may partner with third-party providers for transportation, accommodation, equipment rental, or specialized activities. While we carefully select partners, we are not responsible for the actions, services, or policies of these independent entities. Our website may contain links to external resources for member convenience, but we do not endorse or assume responsibility for the content, privacy practices, or availability of third-party websites. Members should review the terms and policies of any third-party services they choose to use in connection with WildEnergy Club activities.

12. Privacy and Data Protection

WildEnergy Club collects and processes personal information in accordance with our Privacy Policy, which forms an integral part of these Terms of Service. We are committed to protecting member privacy and securing personal data. Information collected during registration and participation is used to provide services, communicate about programs, ensure safety, and improve our offerings. We do not sell member information to third parties for marketing purposes. By using our services, you consent to data collection and processing as described in our Privacy Policy. Members have rights to access, correct, or request deletion of their personal information subject to legal and operational requirements.

13. Communication and Marketing

By registering with WildEnergy Club, you agree to receive communications about upcoming events, program updates, safety information, and community news via email, SMS, or other electronic means. These communications are essential for membership value and activity coordination. Marketing communications can be opted out of through account settings or unsubscribe links, though you will continue to receive transactional and safety-related messages. We respect communication preferences and comply with applicable anti-spam regulations. Members are responsible for maintaining current contact information to ensure receipt of important program details and safety updates.

14. Dispute Resolution

Any disputes arising from these Terms of Service or your relationship with WildEnergy Club should first be addressed through direct communication with our member services team. We are committed to resolving concerns fairly and promptly. If informal resolution is unsuccessful, disputes will be governed by the laws of New South Wales, Australia, and parties agree to submit to the jurisdiction of courts in Sydney for legal proceedings. Where applicable law permits, parties agree to attempt mediation before pursuing litigation. These terms represent the entire agreement between parties and supersede any prior understandings or agreements regarding the subject matter herein.

15. Modifications and Termination

WildEnergy Club reserves the right to modify these Terms of Service at any time to reflect changes in our practices, legal requirements, or operational needs. Material changes will be communicated to members via email or website notice with reasonable advance notice. Continued use of services after changes take effect constitutes acceptance of modified terms. We may suspend or terminate services, memberships, or access to programs at our discretion for violations of these terms, safety concerns, inappropriate conduct, or business reasons. Upon termination, your rights to use services and access member benefits cease immediately, though certain provisions of these terms survive termination as applicable.

16. Contact Information

For questions about these Terms of Service, please contact WildEnergy Club at [email protected] or through our website contact form. We are committed to transparency and will respond to inquiries promptly. For urgent safety concerns or emergency situations during activities, use emergency contact numbers provided during program registration and pre-activity briefings.