ON TRACK MOUNTAIN BIKING
RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND ASSUMPTION OF RISKS AGREEMENT
(hereinafter referred to as the “Agreement”).
BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT, EVEN IF YOU THINK IT IS NOT YOUR FAULT. PLEASE READ THIS AGREEMENT CAREFULLY!
1. In this Agreement:
On Track Mountain Biking means Stephen Lane trading as On Track Mountain Biking (ABN 22 605 262 461), and all of its successors, assigns, affiliates, subsidiaries, employees, and representatives. Claims means any action, application, appeal, arbitration, cause of action, claim, complaint, cost, debt due, demand, determination, inquiry, judgment, suit, or verdict:
i. at law;
ii. in equity;
iii. arising under any statute, regulation, or other legislative instrument; or
iv. arising under any contract, deed, or any other instrument made or approved under any law.
Mountain Biking means the use of any public or private property trails and their related facilities and all mountain biking activities including but not limited to riding skill lessons, guided rides, clinics, and competitions.
Shuttles means the shuttle service for bikes and riders provided.
Trails means any public or private property path, track or unpaved lane or road, including but not limited to shared-use paths for commuting, off-road cross country trails and downhill mountain bike trails.
1. ASSUMPTION OF RISKS
1. I acknowledge and I am aware that:
i. Mountain Biking is an extreme sport and involves many inherent risks, dangers, and hazards. Injuries are a common and expected part of Mountain Biking;
ii. Mountain Biking takes place on steep, rugged, and challenging terrain and features, and will expose me to many risks, dangers, and hazards;
iii. Falls and collisions occur frequently during Mountain Biking. Track conditions, obstacles, and features can and will change without warning. For example, rocks can move, and trees and branches fall on the trails;
iv. Inherent risks of Mountain Biking include impact or collision with other users of the Trails, other bikes and vehicles, and becoming lost or separated from the guides or other users of the Trails.
v. Wearing a helmet is mandatory. Other mountain biking protective gear is strongly recommended to be worn.
1. I will render support and organize help for any injured user of the Trail.
2. I understand wild and farmed animals frequent the Trails and may pass through it without warning. For example, kangaroos, emus, snakes, pigs, foxes, rabbits, birds, cattle, and sheep are all expected hazards on Trails and all behave
3. On Track Mountain Biking provides a shuttle service for your bike and to riders. While all reasonable care is taken, I acknowledge and accept that On Track Mountain Biking takes no responsibility for damage caused to myself or my bike while using the shuttle service. I take full and sole responsibility for the security and protection of myself and my bike on the shuttle service.
4. While using the shuttle service I acknowledge and accept that I will wear seat belts (where available) in vehicles.
5. In the event that I am injured while Mountain Biking (for example, riding a bike, walking, spectating, volunteering, or participating in an event) I acknowledge and accept that On Track Mountain Biking will provide limited first aid support. In the event that On Track Mountain Biking determines that an ambulance is deemed necessary, one will be called, at my cost. It will be my responsibility to ensure that I have the requisite level of health cover for medical costs and ambulance cover while using the Trails.
1. RELEASE OF LIABILITY
1. As a potential user of the Trails, I acknowledge and accept that usage of the Trails is a recreational activity that may constitute a dangerous recreational activity pursuant to the Civil Liability Act 2002 (WA) and that participation in the activity involves a significant risk of physical harm or personal injury. Any injury may result not only from my actions but also from the action, omission, or negligence of others, including but not limited to On Track Mountain Biking.
2. On Track Mountain Biking shall not be liable to me or any third party in contract, tort, warranty, strict liability, statute or any other legal theory for any direct, indirect, consequential, incidental, punitive or exemplary damages, or for any claim for loss of profits. I expressly acknowledge that, to the maximum extent permitted by law, the entire risk arising out of Mountain Biking remains with me. On Track Mountain Biking is not liable for any loss or damage whatsoever suffered by me or any other third party.
3. I agree to waive any and all claims and to release On Track Mountain Biking from any and all liability from any loss, damage, expense, or injury, including death, that I may suffer as a result of Mountain Biking, due to any cause whatsoever, including but not limited to negligence, breach of contract, or breach of any statutory or other duty of care, including any duty of care owed under the Civil Liability Act 2002 (WA) on the part of On Track Mountain Biking. I understand that negligence includes failure on the part of On Track Mountain Biking to take reasonable steps to safeguard or protect me from the risks, dangers, and hazards of using the Trails and Shuttles.
1. I indemnify and hold harmless and shall continue to indemnify and hold harmless On Track Mountain Biking for any and all losses, claims, liabilities, damages, costs, and expenses (including all legal fees and costs and any other legal or other expenses incurred by it in investigating or defending any action or threatened actions) relating to my participation in Mountain Biking.
2. I agree that On Track Mountain Biking may plead this agreement as a bar to any relevant Claims.