Expedition & Fellowship
Terms and Conditions
Please read carefully. The text in this section is a release of liability and waiver of legal rights. Please ensure you complete all the details required in this section. By entering your name in the space provided below, you are agreeing to the terms and conditions in this document and acknowledging that you have the legal authority to act on the student’s behalf.
AUSTRALASIA
Earthwatch expeditions are not designed for tourists. Earthwatch Institute Inc. (U.S.), Conservation Education and Research Trust (U.K.), Earthwatch Institute (Australia), Earthwatch Institute Japan, Earthwatch Limited (Hong Kong), Instituto Earthwatch do Brazil, Earthwatch Institute India Trust, Earthwatch Institute Private Limited (India), Earthwatch (Canada), Earthwatch Institute Costa Rica and Earthwatch Institute Inc Beijing Representative Office (collectively referred to as “Earthwatch”) and the Principal Investigator or Scientist (the person responsible for leading the project on site) (each of whom together with Earthwatch shall be collectively referred to as the “Earthwatch Expedition Team”) undertake logistical planning and preparation for the expeditions to tailor them to meet the research needs of Principal Investigators. The expeditions involve conditions, described below and in the Expedition Briefing, which must be carefully considered before agreeing to become a participant in the expedition ("Participant").
Most field research projects require travel to remote areas of the world where logistical requirements and local conditions for Participants and their gear often involve unconventional modes of transportation, no hotel accommodation, limited or distant emergency and health services and limited or non-existent local infrastructure or services. Of equal importance, Participants will experience one or more of the following: the whole range of climate, terrain and temperature extremes, data gathering, physical work, odd hours, frequent moves, delays, frustrations, surprises, equipment failure or malfunction and potential risks and hazards. These potential risks and hazards include (but are not limited to) political instability, transportation difficulties, lack of vehicular safety and medical standards commonly found in developed countries (for example, the absence of seatbelts), increased incidence and severity of vehicular accidents, strikes, sickness, quarantine, local regulations, foul weather conditions, high altitude, crime, natural disasters, wildlife behaviour, staff misjudgement and movements and other events outside the control of the Earthwatch Expedition Team.
Participants must accept that any of these factors may cause changes, delays or other effects. All true expedition work involves a degree of risk and improvisation, which varies from expedition to expedition.
Assumption of Risks and Assent to Earthwatch Policies
I understand the requirements for Earthwatch expeditions. I have received and read the Expedition Briefing, which describes the risks inherent to the expedition(s) that I am (or my child is) embarking on and understand the risks the Expedition Briefing describes and those described in this Liability Release. I have also had the opportunity to ask the Earthwatch Expedition Team questions in relation to Earthwatch expeditions generally and the expedition(s) that I am (or my child is) embarking on specifically (including the materials provided to me in relation to these expeditions) and I am satisfied with the answers I have received. I understand these and other risks not listed above can, in extreme and unlikely circumstances, cause or lead to death, injury, illness, property damage, mental or emotional trauma or disability. Further, activities may take place several hours or days from any medical facility or where communication, I have read and understand the policies, rights and responsibilities enumerated in the Earthwatch Institute Policies and Participant Rights and Responsibilities, and the Expedition Briefing (and similar documents) ("Policies"). I accept those Policies as a condition of my (or my child’s) participation in an Earthwatch expedition team. I (or my child) agree to abide by the Policies and I (or my child) accept the consequences described for violations of the Policies (which may result in expulsion from the Earthwatch expedition team without a refund). By entering my name in the space below, I (or my child) agree to participate in the expedition’s activities under the terms and conditions described in this Liability Release, the Policies and other relevant Earthwatch material provided to me.
I declare that I am (or my child is) in good health. I understand it is my responsibility to review all conditions relevant to any Earthwatch expedition(s) that I (or my child) embark on and determine if I am (or my child is) able to safely participate in the expedition(s) and to confer with my (or my child’s) doctor if I have a question or concern about my (or my child’s) health and my (or my child’s) participation in the expedition(s). To the best of my knowledge and belief, the information provided to Earthwatch in the Health Declaration and Self-Assessment form is true and I have not withheld any relevant information. If any of this information changes prior to participating in any Earthwatch expedition, I will inform Earthwatch. I authorise the Earthwatch Expedition Team to consent to medical treatment, the administration of x-ray examination, anaesthetics, blood transfusion, medical or surgical diagnosis or treatment and hospital care which is deemed advisable by, and is to be rendered under the general or special supervision of, any physician or surgeon or the most qualified medical provider, for myself (or my child). I authorise any such medical provider to release information about me and my condition (or my child and their condition(s)) and treatment to Earthwatch. I agree to pay for any and all costs associated with such treatment, including the costs of evacuation, if any.
Image Copyright and Usage and Model Release
Licence to Earthwatch
I understand the requirements for Earthwatch expeditions. I have received and read the Expedition Briefing, which describes the risks inherent to the expedition(s) that I am (or my child is) embarking on and understand the risks the Expedition Briefing describes and those described in this Liability Release. I have also had the opportunity to ask the Earthwatch Expedition Team questions in relation to Earthwatch expeditions generally and the expedition(s) that I am (or my child is) embarking on specifically (including the materials provided to me in relation to these expeditions) and I am satisfied with the answers I have received. I understand these and other risks not listed above can, in extreme and unlikely circumstances, cause or lead to death, injury, illness, property damage, mental or emotional trauma or disability. Further, activities may take place several hours or days from any medical facility or where communication, I have read and understand the policies, rights and responsibilities enumerated in the Earthwatch Institute Policies and Participant Rights and Responsibilities, and the Expedition Briefing (and similar documents) ("Policies"). I accept those Policies as a condition of my (or my child’s) participation in an Earthwatch expedition team. I (or my child) agree to abide by the Policies and I (or my child) accept the consequences described for violations of the Policies (which may result in expulsion from the Earthwatch expedition team without a refund). By entering my name in the space below, I (or my child) agree to participate in the expedition’s activities under the terms and conditions described in this Liability Release, the Policies and other relevant Earthwatch material provided to me.
I declare that I am (or my child is) in good health. I understand it is my responsibility to review all conditions relevant to any Earthwatch expedition(s) that I (or my child) embark on and determine if I am (or my child is) able to safely participate in the expedition(s) and to confer with my (or my child’s) doctor if I have a question or concern about my (or my child’s) health and my (or my child’s) participation in the expedition(s). To the best of my knowledge and belief, the information provided to Earthwatch in the Health Declaration and Self-Assessment form is true and I have not withheld any relevant information. If any of this information changes prior to participating in any Earthwatch expedition, I will inform Earthwatch. I authorise the Earthwatch Expedition Team to consent to medical treatment, the administration of x-ray examination, anaesthetics, blood transfusion, medical or surgical diagnosis or treatment and hospital care which is deemed advisable by, and is to be rendered under the general or special supervision of, any physician or surgeon or the most qualified medical provider, for myself (or my child). I authorise any such medical provider to release information about me and my condition (or my child and their condition(s)) and treatment to Earthwatch. I agree to pay for any and all costs associated with such treatment, including the costs of evacuation, if any.
Moral Rights Consent
I understand the requirements for Earthwatch expeditions. I have received and read the Expedition Briefing, which describes the risks inherent to the expedition(s) that I am (or my child is) embarking on and understand the risks the Expedition Briefing describes and those described in this Liability Release. I have also had the opportunity to ask the Earthwatch Expedition Team questions in relation to Earthwatch expeditions generally and the expedition(s) that I am (or my child is) embarking on specifically (including the materials provided to me in relation to these expeditions) and I am satisfied with the answers I have received. I understand these and other risks not listed above can, in extreme and unlikely circumstances, cause or lead to death, injury, illness, property damage, mental or emotional trauma or disability. Further, activities may take place several hours or days from any medical facility or where communication, I have read and understand the policies, rights and responsibilities enumerated in the Earthwatch Institute Policies and Participant Rights and Responsibilities, and the Expedition Briefing (and similar documents) ("Policies"). I accept those Policies as a condition of my (or my child’s) participation in an Earthwatch expedition team. I (or my child) agree to abide by the Policies and I (or my child) accept the consequences described for violations of the Policies (which may result in expulsion from the Earthwatch expedition team without a refund). By entering my name in the space below, I (or my child) agree to participate in the expedition’s activities under the terms and conditions described in this Liability Release, the Policies and other relevant Earthwatch material provided to me.
I declare that I am (or my child is) in good health. I understand it is my responsibility to review all conditions relevant to any Earthwatch expedition(s) that I (or my child) embark on and determine if I am (or my child is) able to safely participate in the expedition(s) and to confer with my (or my child’s) doctor if I have a question or concern about my (or my child’s) health and my (or my child’s) participation in the expedition(s). To the best of my knowledge and belief, the information provided to Earthwatch in the Health Declaration and Self-Assessment form is true and I have not withheld any relevant information. If any of this information changes prior to participating in any Earthwatch expedition, I will inform Earthwatch. I authorise the Earthwatch Expedition Team to consent to medical treatment, the administration of x-ray examination, anaesthetics, blood transfusion, medical or surgical diagnosis or treatment and hospital care which is deemed advisable by, and is to be rendered under the general or special supervision of, any physician or surgeon or the most qualified medical provider, for myself (or my child). I authorise any such medical provider to release information about me and my condition (or my child and their condition(s)) and treatment to Earthwatch. I agree to pay for any and all costs associated with such treatment, including the costs of evacuation, if any.
Model Release
I understand that by participating in the Earthwatch expedition, my (or my child’s) image or voice may be included within photographs, film footage, audio footage and other such recordings taken by an Earthwatch employee or volunteer or a third party ("Earthwatch Materials"). I acknowledge and agree that I have (or my child has) no rights (including intellectual property rights) in the Earthwatch Materials.
I acknowledge and agree that I (or my child) will not be given any right to inspect or approve any Earthwatch Material, or any written copy created in connection with the Earthwatch Materials and that I have (or my child has) no right to remuneration in connection with the use of any of the Earthwatch Materials by any person. I agree that I (or my child) will not make any claim for any reason to Earthwatch, its licensees or assigns for remuneration in connection with the use of any of the Earthwatch Materials by any person.
I confirm I am free to enter into this arrangement and have my (or my child’s) image used in the manner contemplated by this release.
I acknowledge and agree that this release is irrevocable, worldwide and perpetual.
Release of Liability and Indemnity Agreement
In consideration of the Earthwatch Expedition Team accepting me (or my child) as a Participant, I, on behalf of myself, my child, my heirs, executors, administrators, successors, and/or assigns:
1. subject to paragraphs 4 and 5 below, acknowledge and agree:
a. that each of the Earthwatch Expedition Team, their employees, officers, directors, trustees, participants, agents, affiliates, scientific staff, cooperating institutions and other persons acting under their direction and control (collectively referred to as "Released Parties") will have no liability whatsoever for personal injury, death, loss of health, financial loss, damage to property or any other loss or damage suffered by me (or my child), my (or my child’s) heirs, executors, administrators, successors and/or assigns; and
b. to release each of the Released Parties from and in relation to, any and all liabilities they may jointly or severally incur to me (or my child’s), my (or my child’s) heirs, executors, administrators, successors and/or assigns, in respect of any claim, suit or cause of action (including negligence), including legal fees and expenses of litigation, on account of any personal injury, death, loss of health, financial loss, damage to property or any other loss or damage suffered;
2. subject to paragraphs 4 and 5 below, indemnify and keep indemnified each of the Released Parties in relation to any and all liabilities they may jointly or severally incur, in respect of any claim, suit or cause of action (including negligence), including legal fees and expenses of litigation, on account of any personal injury, death, loss of health, financial loss, damage to property or any other loss or damage caused or contributed to by me (or my child);
3. agree that the Earthwatch Expedition Team is not responsible or liable for acts or omissions of third parties, including but not limited to cooperating institutions, independent contractors, other entities or other Participants (unless legislation operates to make the Earthwatch Expedition Team liable for the acts or omissions of the other Participants, in the relevant circumstances);
4. understand that nothing in this Liability Release excludes, restricts or modifies any consumer guarantee, right or remedy conferred on me (or my child) by the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth) or any other applicable law that cannot be excluded, restricted or modified by agreement;
5. agree, to the fullest extent permitted by law, that the liability of the Earthwatch Expedition Team for a breach of a non-excludable consumer guarantee referred to in paragraph 4 above is limited, at the Earthwatch Expedition Team's option, to refunding any amount paid by the Participant, or to providing another similar expedition; and
6. agree that:
a) any provision of this Liability Release which is invalid in any jurisdiction must, in relation to that jurisdiction, be read down to the minimum extent necessary to achieve its validity, if applicable, and be severed from this Liability Release in any other case, without invalidating or affecting the remaining provisions of this Liability Release or the validity of that provision in any other jurisdiction;
b) this Liability Release contains the entire understanding between myself (or my child) and the Earthwatch Expedition Team concerning the subject matter of this Liability Release and supersedes, terminates and replaces all prior agreements and communications between us;
c) this Liability Release will continue to have effect after my (or my child’s) participation in any Earthwatch expedition; and
d) the jurisdiction and law applicable to any dispute I (or my child) may have with the Earthwatch Expedition Team is that of Victoria, Australia and I (or my child) submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and the Commonwealth of Australia in respect to all matters arising out of or relating to this Liability Release, its performance or subject matter.
Privacy Statement and Authority
At Earthwatch Institute (Australia) we value your privacy. Earthwatch Institute (Australia) is bound by the Privacy Act 1988 (Cth) (Privacy Act) when we collect and handle your personal information.
This Privacy Statement and Authority covers information we collect from you (or your your child) regarding: Personal History, Health, Travel, Liability Release, Water Skills, Expedition Evaluation and any other information that we may collect from you in the course of our relationship with you (or your child).
About Your Information
At Earthwatch Institute (Australia), we collect personal information that is necessary to provide and manage the expeditions or services we offer, develop and identify expeditions and services that may interest you (or your child) and to conduct market or customer satisfaction research. If you do not provide the personal information requested of you (or your child) to Earthwatch Institute (Australia), we may be unable to carry out these functions (for example, we may be unable to enrol you (or your child) in an Earthwatch expedition).
Earthwatch Institute (Australia) discloses personal information to third parties when necessary to assist them and us in providing and managing the relevant services and expeditions. This may include our affiliate offices (which are located in the US, UK, Japan, Hong Kong, Brazil, India, Canada, Costa Rica and China), expedition principal investigators, and other team members. Earthwatch Institute (Australia) limits the use and disclosure of any personal information provided by us to them to the specific purpose for which we supplied it.
By entering your name in the space provided you authorise Earthwatch Institute (Australia) to collect, hold, use and disclose your (or your child’s) personal information for these purposes including transferring your (or your child’s) personal information overseas. You also give express authority for Earthwatch Institute (Australia) to, where applicable collect, hold, use and disclose your (or your child’s) personal information that amounts to sensitive information under the Privacy Act, as required to provide and manage the relevant product or service including transferring your sensitive information overseas.
Health Information
Under the Privacy Act health information is deemed to be sensitive information and attracts a higher level of protection. Earthwatch Institute (Australia) requires certain health information to be provided by all volunteers and participants. This information will be used for screening purposes and/or in the event of a medical emergency on the expedition. This information will be kept confidential and will not be used other than for the purposes for which it is supplied.
Personal Information About Others
If Earthwatch Institute (Australia) gives your personal information pertaining to others (for example, contact details of expedition team members) you must only use it for the purposes for which it is given (i.e. to make contact with regard to the Earthwatch expedition).
When you give Earthwatch Institute (Australia) personal information pertaining to others (for example your (or your child’s) emergency contact), we rely on you to have made or make them aware that you will or have provided their information to us and the third parties we may provide it to, the relevant purposes we and the third parties will use it for, and how they can access it or make a privacy complaint. If it is sensitive information Earthwatch Institute (Australia) relies on you to have obtained their consent on these matters. If you have not done or will not do either of these things, you must tell us before you provide the relevant information.
Access To Your (Or Your Child’s) Personal Information
Earthwatch Institute (Australia) will allow you to access and correct personal information we hold about you as required by law. If you have any questions about how Earthwatch Institute (Australia) handles your personal information, or would like to request access to that information, please contact us:
- by mail – Earthwatch Institute (Australia), Suite G-06, 60L Green Building, 60-66 Leicester Street, Carlton VIC 3053
- by telephone – 03 9016 7590
- by email –
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If you have any concerns or complaints about the manner in which your (or your child’s) personal information has been collected or handled by Earthwatch Institute (Australia), please contact us using the details above. Earthwatch Institute's Privacy Policy which can be accessed at http://www.earthwatch.org and contains further information about how Earthwatch Institute generally handles your (or your child’s) personal information including:
- how you (or your child) can access and correct personal information we hold about you (or your child); and
- how you (or your child) can submit a privacy complaint to Earthwatch Institute and how Earthwatch Institute will deal with your (or your child’s) complaint.