Experience Operator Agreement, Release and Indemnity

1. Who this agreement covers

1.1 In this document, "you" means the person signing, and where you operate through or on behalf of an entity, you confirm you are authorised to bind it. "Platform" means Hunting Properties Australia, its owners, officers, employees and agents. "Experience" means any guided hunt, workshop, course, tour, equipment hire or similar activity you offer through the Platform, and every session of it. "Participants" means persons who book your Experiences through the Platform and any persons attending with them.

1.2 This document forms part of, and should be read together with, the Platform's Terms of Service. If you also list a property, the Landholder Release and Indemnity Agreement applies separately to that listing; this document governs your Experiences.

2. You are the supplier; the Platform is a venue only

2.1 You acknowledge that the Platform operates an online marketplace. For every Experience, you are the supplier of the service to Participants: you design it, conduct it, supervise it and are responsible for it. The Platform does not conduct, supervise, inspect or attend Experiences, is not your employer, partner, principal or joint venturer, and is not a party to the agreement between you and a Participant for the conduct of an Experience.

2.2 The Platform verifies Participant details to the extent described on the site, and every Participant signs the Hunter Release (which is expressed in favour of you as well as the Platform) before their booking can be paid for. The Platform does not and cannot guarantee the conduct, competence, honesty, fitness or licensing of any Participant. You accept Participants at your own risk and may decline or cancel a booking in accordance with the Terms of Service if you have genuine safety concerns.

2.3 The Platform does not insure you, your equipment, your business or your income, and does not hold licences, permits or land access on your behalf. You are responsible for deciding whether operating Experiences is appropriate for your circumstances, and you confirm you have had the opportunity to seek independent legal and insurance advice before signing.

3. Your authority over the land

3.1 You warrant that, for every location where you run an Experience, you either own or lawfully occupy the land, or hold current permission from its owner or lawful occupier - or, for public land, every authorisation the relevant public authority requires - and that the permission or authorisation you hold extends to conducting paid, commercial activities of the kind your Experience involves, for every session you schedule.

3.2 You warrant that running your Experience at each location does not breach any law, lease, licence, mortgage, easement, conservation covenant or agreement, and that you will not run a session at any location where your permission or authorisation has lapsed, been withdrawn, or does not cover the activity.

3.3 You will keep evidence of your permission or authorisation for each location (such as a written landholder consent or permit) and produce it to the Platform within 7 days of a request. The Platform may suspend an Experience while requested evidence is outstanding.

4. Licences, permits and safe conduct

4.1 You warrant that you hold, and will maintain for as long as you take bookings, every licence, permit, accreditation and authorisation required to conduct your Experience commercially in its state or territory, including any commercial guiding or tour operator permit, any game or hunting licence the activity requires, a current firearms licence for any firearm you carry, supply or supervise, and any authorisation required to conduct commercial activity on public land.

4.2 You acknowledge that when you conduct Experiences you are conducting a business or undertaking, and you warrant that you will comply with the Work Health and Safety Act 2011 (Qld) and its equivalents in the state or territory where each session runs, and with all firearms storage, transport and supervision laws that apply.

4.3 You will conduct a safety briefing at the start of every session, supervise Participants throughout, maintain any equipment you supply in safe working order, and exercise your judgment to modify or cancel a session where weather, ground conditions or Participant conduct make it unsafe. Cancelling for genuine safety reasons is always the right call, and the Platform's cancellation tooling supports it.

4.4 You warrant that every description of your Experience you publish is truthful and not misleading, including what is included, the fitness required, and the risks involved, and that you will disclose to Participants before a session any material risk specific to the location or activity that they could not reasonably be expected to identify.

5. Insurance

5.1 You warrant that you hold, and will maintain for as long as your Experiences accept bookings, public liability insurance covering the commercial conduct of your Experiences (including, where applicable, guided hunting and the use of firearms) with a limit of at least $10,000,000 per occurrence, issued by an insurer authorised to carry on insurance business in Australia or by Lloyd's underwriters.

5.2 You acknowledge that personal or member insurance - including insurance that attaches to SSAA or similar association membership - generally covers members participating in activities, not businesses conducting them, and you warrant that the policy you rely on covers you as the operator of a commercial activity.

5.3 You will produce a certificate of currency to the Platform within 7 days of a request. The Platform may suspend an Experience while a requested certificate is outstanding, and you must tell the Platform promptly if your policy lapses or is cancelled, and stop running sessions until cover is restored.

6. Assumption of risk and release of the Platform

6.1 You conduct Experiences at your own risk. To the maximum extent permitted by law, you release, discharge and hold harmless the Platform from all claims, demands, actions and liability for death, personal injury, psychological injury, loss of or damage to property, loss of income, and economic loss, suffered by you or claimed against you, arising directly or indirectly out of the conduct of an Experience, the acts or omissions of a Participant, the condition of any land an Experience uses, a booking made through the Platform, or your participation in the marketplace, however caused, including where caused by the Platform's negligence.

6.2 Your remedy for loss caused by a Participant lies against that Participant. The Platform will provide reasonable assistance, including booking records and each Participant's signed Hunter Release, to help you pursue a claim, but the Platform is not liable to compensate you for a Participant's actions.

6.3 This release does not apply to the extent that liability cannot lawfully be excluded, including liability arising under consumer guarantees that cannot be excluded and liability arising from fraud or wilful misconduct by the Platform.

7. Strict indemnity

7.1 You indemnify the Platform against all loss, damage, cost and expense (including legal costs on a full indemnity basis) arising out of or in connection with: (a) your breach of this document or the Terms of Service, including any warranty in clauses 3, 4 and 5 being untrue; (b) the conduct of any Experience, including your negligent, reckless or unlawful act or omission and that of any person assisting you; (c) any claim that you lacked the right to use land, or a licence, permit or insurance policy you warranted you hold; and (d) any claim brought against the Platform by you, a Participant, a landholder, a public authority or any third party, to the extent the claim arises from your Experiences or your conduct.

7.2 This indemnity is a continuing obligation, survives the removal of your Experiences and the closure of your account, and does not apply to the extent that the loss was caused by the Platform.

7.3 Without limiting clause 7.1, if the Platform is sued, joined to a claim, or required to respond to a regulator because of your specific actions or omissions, or an Experience you conducted, you agree to pay the Platform's reasonable legal fees and costs of responding, on a full indemnity basis, as they fall due.

8. General

8.1 You sign this document electronically by typing your full legal name and drawing your signature. You agree that these together are your signature for the purposes of the Electronic Transactions Act 1999 (Cth) and the Electronic Transactions (Queensland) Act 2001 (Qld), and that they bind you in the same way as a handwritten signature.

8.2 Your signature is recorded against your account together with the version of this document, the date and time, and the network address it was signed from. If this document changes materially, you will be asked to sign the new version before creating or publishing further Experiences.

8.3 If part of this document is unenforceable, that part is severed and the rest continues in force. This document is governed by the laws of Queensland, and the parties submit to the jurisdiction of its courts and of the Federal Court of Australia.

8.4 Nothing in this document excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or other law that cannot be excluded, restricted or modified by agreement, and nothing in it excludes or limits the rights any Participant has against you under that law.