Terms & Conditions

Mountain Tribe (ABN 88 648 063 497) is the owner and operator of this website. By doing any of the following acts you agree to be bound by these terms and conditions:

  1. Terminology
    The following words have the following meanings throughout these terms and conditions:

    1. Fee: the dollar amount quoted for the product and/or service provided by Mountain Tribe

    2. Gym: any facility, outdoor training space, home gym, home training setting or other location where Mountain Tribe services are conducted or received

    3. Client: a client of Mountain Tribe

    4. Notice: means any notice in writing, given in person, by email, facsimile or post to the parties’ last known or last notified address or contact details.

    5. Trip: trek, hike, climb or expedition.

    6. Plan: any training, dietary or other plan we may develop for or with you.

    7. Appointment, Session or Class: any scheduled appointment you attend serviced by us, including but not limited to physical assessment, 1on1 coaching, semi-private, group class, seminar, workshop, webinar, nutrition consultation or assessment.

    8. Privacy Policy: our Privacy Policy, as amended from time to time in our discretion.

    9. Term: the agreed upon length of an ongoing service delivered by us to the Client.

    10. Us, we, our: Mountain Tribe (ABN 88 648 063 497), including its employees, affiliates and contractors

  2. Application

    1. By signing the trip application form and agreeing to these terms and conditions, you acknowledge that payments made to us and services received from us are a sole arrangement between you and Mountain Tribe.

  3. Payment

    1. A non-refundable deposit is required at the time of booking and the balance is due in scheduled instalments as outlined in the payment schedule in the application form for your trip.

    2. You must pay all fees associated with services and/or goods received from us, including the Fee, when the Fee falls due throughout the entire Term.

    3. We will endeavour to contact you to inform you of any overdue payments however, it remains your responsibility to ensure that any direct debits are able to be made from your nominated account or credit card.

    4. Where any payment is dishonoured, a dishonour fee must be paid by you as outlined in the direct debit terms and conditions, separate to these terms and conditions. This is a fee imposed by the direct debit company, not us.

    5. If there are multiple failures to meet your payment obligations under these terms and conditions, but without prejudicing our right to recover any overdue payments, your services may be suspended or terminated by us by notice to you.

    6. Where any payment due to us is not paid in full and by the due date, we may deny you your services in our discretion.

    7. All costs and disbursements incurred by us in recovering payment or in protecting or enforcing our rights under this document, including legal costs and disbursements are payable by you on the indemnity basis.

  4. Attending, rescheduling, cancelling and missing scheduled appointments

    1. It is a condition when booking an Appointment that you will arrive on time for each scheduled Appointment as Appointments will finish within the allocated time regardless of late arrival.

    2. You are able to reschedule an Appointment to another time, as long as at least 24 hours notice is given to us. If less than 24 hours notice is given to reschedule an Appointment, it is up to our discretion if we approve the reschedule or if you will forfeit the Appointment and any fees paid for that service.

  5. Physical condition

    1. It is a condition of becoming a client of ours that you, prior to receiving services by us, may be required to complete and pass a physical assessment to our satisfaction. The purpose of the physical assessment is to assist us to assess your suitability for the trip you have applied for, and to determine if we believe you will be able to meet the required physical fitness standards by the end of the build-up training.

    2. If you have any health or medical concerns now or after you join as a Client, you must discuss them with your doctor before applying to become a client or implementing any Plan.

    3. It is your responsibility not to use any equipment or to undertake (or refrain from undertaking) any activity which may adversely affect or exacerbate any medical condition of yours.

    4. You hereby warrant that, to the best of your knowledge, you do not have any physical, medical or other disability or condition which may be adversely affected or aggravated by, or which may result in any sickness, injury (or aggravation to any sickness or injury) or death to you as a result of receiving training from us or the implementation of any Plan. You must inform us if that changes during the course of your time as a Client.

    5. You acknowledge that we do not provide medical advice and if you have any concerns in relation to your health at the time of becoming a Client or during the period you are receives services from us, that you will consult a qualified medical professional. We may be able to introduce you to such professionals however, we offer no warranty in relation to their services.

    6. We reserve the right to restrict, suspend or terminate the service we are providing to you if we are of the opinion that you are unfit to utilise the Gym or parts of it or to receive any of our services. If your service is restricted or suspended for this reason, your service will not be reinstated until you provide us with a medical certificate confirming that you are fit to continue with our services or if you undertake a further physical assessment, at our election.

  6. Insurance

    1. Travel insurance is compulsory for all bookings with Mountain Tribe. This travel insurance must provide cover for personal accident/liability, medical expenses and emergency repatriation. It is recommended that to minimise personal loss, travel insurance be taken out immediately after any part of the trip is booked.

  7. Cancellation

    1. You may cancel your trip booking with us at any time subject to clause 7(4)

    2. We may terminate your service if:
      a. we have concern for your health and/or safety;
      b. you do not comply with these terms and conditions or if you fail to promptly follow any reasonable direction we may give;
      c. you fail to make any payments of your Fees or any other amount/s due to us;
      d. we reasonably suspect that you are engaging in illegal activity in the Gym or any other location where we operate;
      e. you engage in improper or harmful conduct or conduct that is or could reasonably be detrimental to you, other clients of ours or our staff; or
      f. we so determine in our absolute discretion.

    3. Termination shall be without prejudice to the accrued rights of each party.

    4. On termination by you, you will be required to pay to us the Fees that would otherwise have been payable by you for the trip, based on our refund policy in clause 8, without deduction or set-off.

    5. On termination by us, you will be required to pay to us the Fees for services up until the date of termination, based on our refund policy in clause 8, without deduction or set-off.

  8. Refund

    1. If you cancel your booking prior to the commencement of the build-up training program for your trip, the deposit amount will be held by Mountain Tribe in accordance with these Terms, and the remainder of the payments made by you in respect of the cancelled product will be refunded.

    2. If you cancel your booking after the commencement of the build-up training program for your trip, you will not be entitled to a refund for the portion of the training program that has already been delivered or made available to you. This includes any month (for Himalayan Treks and Climbs) or fortnight (for Australian Treks) that has commenced at the time of cancellation, which will be counted as fully used. If you have paid in full and received a discount for upfront payment, the calculation of the used portion will be based on the full, non-discounted value of the training program. The remaining balance, after deduction of the used portion and the deposit, will be refunded.

  9. Rescheduling Individual Trips

    1. Should participants wish to reschedule their trip dates or take part in a different trek/expedition with Mountain Tribe, Mountain Tribe retains the right to review this on a case-by-case basis. Rescheduling requests are dependent on availability, group size, and other factors. Rescheduling after the commencement of build-up training is normally not allowed.

  10. Risk warning and acknowledgment
    You acknowledge and agree that:

    1. Whilst you are being instructed by us, either in the Gym, or any other location and whilst you are implementing any Plan, you are at risk of suffering physical harm or personal injury (including but not limited to broken bones, soft tissue injury, joint and cartilage damage, total and permanent disability and death) which can result from:
      a. slipping on wet or unstable ground;
      b. tripping on stairs or over personal items
      c. being struck by objects;
      d. following over objectives;
      e. bitten or stung by insects or animals;
      f. falling;
      g. colliding with equipment or other Clients;
      h. engaging in strenuous exercise or other activities;
      i. incorrect use of equipment; or
      j. any number of other things.

    2. Any such injury or death may result from your actions, omissions or negligence and/or from the actions, omissions or negligence of others;

    3. Whilst we will attempt to ensure that the Gym and other locations and activities undertaken at the Gym and other locations or in relation to implementing any Plan are safe, there are some significant and inherent risks involved;

      1. You are participating in any activities with us and in relation to any Plan voluntarily at your own risk and responsibility, thereby exposing yourself to certain risks; and

    4. You must act reasonably and take all steps reasonably available to you to protect your own interests, including managing all safety risks associated with the operation of the fitness equipment, implementing any Plan and promptly following any reasonable direction our staff may give.

  11. Promotional Offers

    1. Offer Validity

      1. Any promotional offer is available for a limited time only, as advertised by Mountain Tribe.

      2. All promotions are subject to availability and may be changed or withdrawn at any time without notice.

      1. Eligibility & Restrictions

        1. Promotional offers cannot be used in conjunction with any other discounts, promotions, or offers unless stated otherwise.

        2. Each offer applies only to the specific adventure (trek or climb), services or packages outlined in the promotion.

        3. Eligibility criteria applies to applicants approved to participate in Mountain Tribe trips.

      2. Payment & Booking

        1. Full payment is required at the time of booking to secure the promotional price, unless otherwise stated.

        2. Discounts apply only to new bookings made within the promotional period.

      3. Non-Transferable & Non-Refundable

        1. Promotions and associated services or packages are non-transferable and cannot be shared or used by another person unless specifically stated.

        2. Discounts and offers are non-refundable and cannot be exchanged for cash or credit.

      4. Changes & Cancellations

        1. Mountain Tribe reserves the right to modify, extend, or cancel any promotion at any time without prior notice.

        2. Cancellations and changes are subject to Mountain Tribe’s standard cancellation policy.

      5. Additional Terms

        1. Additional conditions may apply to specific promotions. By booking, you agree to comply with all applicable terms.

      6. By using any promotional offer, you confirm that you have read and accepted these terms and conditions.

  12. No warranties

    1. We do not provide any warranties in relation to any of our services or the results or outcome of utilising our services, attending the Gym or implementing any Plan. The results or outcome are almost entirely in your hands as to the amount of training and dedication you put into your own performance, maintaining a healthy lifestyle and eating habits and knowledge of your own body and its strengths and weaknesses.

  13. Release and indemnity

    1. Any advice, recommendation, information, assistance or service given by us (including any Plan) is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given, but is provided without any warranty as to accuracy, appropriateness or reliability and we do not accept any liability or responsibility for any loss, cost, damage, liability or expense suffered (whether directly or indirectly) from reliance on such advice, recommendation, information, assistance or service. You agree to rely on your own judgment in making decisions concerning your health and wellbeing, your use of equipment in the Gym and the appropriateness of any Plan we may develop for or with you.

    2. You have no right or cause of action against us or our officers, employees contractors and agents and you release and indemnify us and our officers, employees contractors and agents from any loss, cost, damage, liability or expense, including indirect, consequential and special losses (including but not limited to loss of use, enjoyment, reputation, income or profit), and against all actions, suits, claims and demands against us in relation to the services we provide, any injury or death related to or resulting from your use of or attendance at the Gym and the implementation of any Plan.

    3. We do not provide any warranties in relation to the gym or exercise equipment manufactured by third parties. Where any damage or injury results from any defect in relation to such gym or exercise equipment, you agree to pursue the manufacturer and/or supplier in relation to any claim rather than us.

  14. Privacy
    By signing the trip application form, you agree to the conditions laid out in our Privacy Policy.

  15. Notices
    You must immediately notify us of any change in your name, address or other contact details. In the absence of such notification, the last address and any contact information we hold in our records is deemed to be your relevant address or way to contact or send notices to you for all purposes including but not limited to service in legal proceedings.

Severance
If a provision in this document is void, illegal or unenforceable, it must be varied to give effect to the intention of these terms and conditions or severed without affecting the enforceability of the other provisions.