GENERAL TERMS AND CONDITIONS, RELEASE OF LIABILITY, WAIVER OF CLAIMS AND ASSUMPTION OF RISKS
THIS IS A LEGAL DOCUMENT- READ CAREFULLY!
Maydena bike park is a gravity-based bike park- trails and trail features may be more challenging than those encountered on general mountain bike trails.
By signing this agreement you will waive or give up certain legal right, including the right to sue or claim compensation following an accident- PLEASE READ CAREFULLY!
In this Release Agreement the term ‘mountain biking’ includes use of all Maydena Bike Park Trails and related facilities, uplift services, guided rides and coaching sessions.
GENERAL TERMS AND CONDITIONS
- Mountain biking is an inherently dangerous activity. In the Maydena Bike Park you will be exposed to risks including but not limited to; steep trails, avoidable and unavoidable obstacles, trail verge dangers and changing trail and weather conditions. Even with all possible risk controls and protective equipment, the risk of severe injury or death remains. All riders must be aware of these risks and acknowledge the potential risk of harm or death.
- Riders are responsible for ensuring that they have the physical capacity to complete the activity.
- Riders MUST NOT utilise any trails or related infrastructure in the park while under the influence of drugs or alcohol. MBP reserve the right to deny access to any area of the park to any patron they believe may be under the influence of drugs or alcohol.
- All users of the park who are under 18 years of age, MUST have this form signed by a parent or guardian, who MUST remain with them at all times in the Maydena Bike Park.
- Australian standards approved helmets MUST be worn in the park at all times.
- Closed toe footwear and upper and lower body clothing MUST be worn at all times.
- Maydena Bike Park STRONGLY RECOMMEND the use of a full face helmet and additional protective equipment, which may include but is not limited to; knee and elbow protection, chest and back protection, gloves, eyewear and neck braces.
- Riders MUST NOT attempt any trail or trail feature unless they have the ability to do so. All trails and features MUST be ridden slowly to allow inspection of trail conditions prior to increasing rider speed. All riders must ride in control and within their ability at all times.
- All trails within the gravity zone of Maydena Bike Park are DESCENDING ONLY. Any rider found riding trails in the incorrect direction will have their lift pass revoked.
- The Maydena Bike Park uplift access road is a privately managed road, and is not open to private vehicles, riders or walkers. Such use constitutes trespass and will result in lift pass cancellation and potential prosecution.
- The Maydena Bike Park is a private bike park facility, and operates only within set operating hours. Use outside of these operating hours is strictly prohibited.
- Risks in the bike park include potential injury or death related to equipment misuse or failure.
- All users of the park are responsible for their own equipment and must ensure that their equipment is in good operating condition.
- All park MUST obey the Maydena Bike Park rider responsibility code at all times.
- All park users MUST obey all trail closures, at all times.
- To reduce the risk of spreading noxious weeds and plant-born diseases, all bikes MUST be washed clean before entry and exit to the park.
- Maydena Bike Park reserves the right to revoke passes and/or refuse entry to any park user.
RELEASE OF LIABILITY
I agree to waive any and all claims, and release Maydena Adventure Pty Ltd (trading as Maydena Bike Park) and their respective affiliates, subsidiaries, employees, contractors and representatives (herein after ‘the releasees’), relevant land managers and mortgagees from any and all liability from loss, damage, expense or injury, including death that I may suffer as a result of mountain biking at Maydena Bike Park, or my use or presence in Maydena Bike Park, due to any cause whatsoever, including but not limited to; negligence, breach of contract, or breach of any statutory or any other duty of care. I understand that negligence includes failure on the part of the releasees to take reasonable steps to safeguard and protect me from the risks, dangers, and hazards of using these facilities.
IMPORTANT- IN SIGNING BELOW, I ACKNOWLEDGE THAT I UNDERSTAND THE ABOVE STATEMENTS AND RELEASE LIABILITY AS NOTED
Today's Date: February 18, 2019