booking. A booking cannot be confirmed until such time as the signed Contract and Deposit are received by UTC.
described in the Program Contract Details (other than Section D), at the times and in the manner specified in the Program Contract Details.
payment confirmation must be provided.
Due Date for the maximum number of participants set out in the Program Contract Details. The venue, design, dates and other details for the Program/Camp/Retreat will only be confirmed by UTC on receipt of the Deposit by the Deposit Due Date.
Note: A 5% late fee may be charged to the Client for invoices not paid by the due date.
Note: The Client must upon request supply UTC with the Client’s ABN.
to be paid by the Client to UTC pursuant to this contract. In either case a remittance advice must be sent by the Client to UTC. This may take the form of an email directed to accountsreceivable@Upthecreekmelbourne.com or in writing addressed to:
Accounts Receivable, Up The Creek Melbourne, 340 High st Melbourne
4. STUDENT NUMBERS
4.1 UTC reserves the right to refuse to accommodate additional participant(s) to those previously confirmed if the
additional participant(s) would take the total number above the maximum number of participants set out in the
Program Contract Details.
4.2. If the total number of participants confirmed by the Client exceeds the maximum number of participants set out
in the Program Contract Details:
(a) UTC may (but is not obliged to) by notice to the Client elect to permit some or all of the additional
participants to attend the Program at a fee(s) nominated by UTC;
(b) in respect of each additional participant (above the minimum number specified) permitted by UTC under
clause 4.2(a), the Client agrees to pay UTC (by the date specified on the invoice from UTC) the additional
fee(s) nominated by UTC.
4.3 Subject to the cancellation provisions below or any variation agreed in writing by both parties, the Client
acknowledges and agrees that:
(a) UTC resources and plans the allocation of its staff, equipment and facilities to the Program/Camp/Retreat on
the basis of the maximum number of participants stipulated in the schedule; and
(b) the Client will not be entitled to any refund if the number of participants that actually attend the
Program/Camp/Retreat is less than, the final number of participants.
Note: The minimum number of participants we accept is 40. In some circumstances we will be able to accept
less, under shared occupancy.
(i) if the Client has paid the Progress Payment to UTC - all monies paid in respect of the
Program/Camp/Retreat (including the Deposit and Progress Payment) are non-refundable, and may be retained by UTC; and:
7. CANCELLATION, POSTPONEMENT OR PROGRAM CHANGES BY UTC DUE TO EVENTS WHICH MAKE PARTICIPATION OR TRAVEL UNSAFE
7.1 In the event of cancellation, postponement or program changes arising from any of the circumstances referred to in clause 7.2, this contract will provide all rights and duties of both parties. It is the intention of the parties that this contract shall exclude the operation of Part 3.2 of the Australian Consumer Law and Fair Trading Act 2012 (Vic) and the Frustrated Contracts Act 1978 (NSW).
The Client acknowledges that risk in respect of the cancellation or postponement of the Program/Camp/Retreat for safety, security, statutory or environmental reasons rests with the Client always, subject to this clause 7.
(a) UTC, at its reasonable discretion, deems the Program/Camp/Retreat or any part thereof should not
commence or will be halted or changed, (including if the Program/Camp/Retreat is or becomes unsafe or inaccessible due to fire, flood, storm, or unspecified environmental events, or if ‘Adventure Activity Standards’ or other applicable statutory requirements are amended in any way); or
(c) State or Federal police, or any other government authority or responsible body, requires that the Program/Camp/Retreat or any part not to commence or be halted or modified for any reason including, but not limited to, restrictions resulting from the COVID-19 pandemic. UTC may, by written notice to the Client (“Cessation Notice”) not commence, and/or halt the progress of a Program/Camp/Retreat or the relevant part, and UTC is relieved of its obligations under this contract in respect of the relevant part of the Program/Camp/Retreat that is not commenced or is halted, without any liability whatsoever, including without limitation, any monetary compensation other than as specified at clause 6.3.
operation(s) or fail to meet UTC’s risk-management requirements, prior to the delivery of service:
(a) UTC will not include the service in this Contract; and Up the creek IS A FOR-PURPOSE ORGANISATION VIC |
NSW | SA | WA 1800 888 900 UTC.EDU.AU
(b) UTC will make all reasonable endeavours to replace the service with a similar service.
their respective responsibility for additional costs of conducting or continuing the Program/Camp/Retreat, or relevant part thereof.
to illness, injury or other personal circumstances may be required whilst participating in the
the costs of all Evacuations (including Evacuations conducted by or on behalf of ambulance or other emergency services, and regardless of the circumstances surrounding or causing the Evacuation), and the Client must:
(a) pay directly to relevant authorities all charges and other costs incurred in respect of Evacuations; or
(b) if UTC itself undertakes the Evacuation, reimburse UTC's reasonable costs of doing so.
Note: UTC recommends that students/participants and staff attending the Programs/Camps/Retreats be covered by private ambulance subscription.
Note: Some medical centres require immediate payment of bills to secure treatment. Where this is required, the Client undertakes to make this payment.
once it has commenced for any reason (e.g. illness, injury, work at school, personal reasons, etc.) the Client must
provide a suitable replacement.
Client’s personnel with an additional UTC staff member, however, this cannot be guaranteed.
calculated at the rate of $680 (excluding GST) per day, plus transport costs.
(including gender balance, risk management and other relevant factors) modify or suspend the Program until a suitable replacement re-joins the group, without any liability whatsoever to the Client.
damaged or destroyed by, or in connection with, an act or omission deemed by UTC to have been caused by the Client or its participants during the Program/Camp/Retreat, including damage caused by vehicles and equipment leased from other providers.
First Aid Declaration and (2) UTC’s Medical Summary documents in the form specified by UTC. The Client will ensure that the documents are completed Up the creek IS A FOR-PURPOSE ORGANISATION VIC | NSW | SA | WA 1800 888 900 UTC.EDU.AU accurately and in full and that all relevant persons have consented to the disclosure to, and use and collection by, UTC of the information set out in the documents. The Client acknowledges that UTC will rely on the information, representations and declarations set out in the documents.
(Cth) (GST Act) have the meaning given to them in the GST Act.
amount for GST.
provide the consideration for the supply must pay, in addition to and at the same time as the consideration is
provided, an amount equal to the amount of GST on the supply.
amount to be reimbursed or paid will be reduced by any input tax credit that the other party is entitled to claim.
any courts that may hear appeals from those courts about any proceedings in connection with this Agreement.