Big Air Indoor Bike Park

IMPORTANT!!!! ONLY SIGN THIS WAIVER ONCE ON YOUR VERY FIRST BOOKING! Waivers are kept on file for 1 year.

RISK WARNING & CONTRACTUAL WAIVER.

GENERAL TERMS & CONDITIONS, RELEASE OF LIABILITY, WAIVER OF CLAIMS & ASSUMPTION OF RISKS

THIS IS A LEGAL DOCUMENT- READ CAREFULLY!

This form must be completed and signed by you online before booking a riding or spectator session at Forster/Tuncurry Big Air Indoor Bike Park (BAIBP), owned by Saltpond Pty Ltd. You will not be permitted to enter or use the BAIBP facilities without signing this form.

If you are under 18, a parent or a legal guardian must sign this form and provide an emergency contact number.

In consideration for, and as a condition of my entry into BAIBP, I the participant/spectator agree as follows both now and for all subsequent visits to BAIBP:

1. I acknowledge that the activities of participation, including Mountain Bike, BMX riding, scootering and skateboarding, as well as the use of ramps, obstacles and all courses conducted at BAIBP (the “recreational activities”), are dangerous recreational activities and there are inherent risks associated with the recreational activities, that may result in serious injury or death, or damage to property or to third parties.

2. I agree that this waiver applies to all general sessions, coaching sessions, half-day camps, full-day camps, residential camps and events, equipment rental and any other activities conducted at BAIBP including filming and photography.

3. I acknowledge that the recreational activities and other activities may result in serious injury or death, or damage to property due to the actions, omissions or negligence of others

4. I acknowledge that the inherent risks include, but are not limited to;

the potential for a collision between multiple participants/spectators or participants/spectators and course obstacles

the potential for collision between participants and spectators or BAIBP staff;

the potential for participants or spectators to be struck by equipment being used by other participants;

the failure of a participant or licensee equipment, including equipment hired to the participant BAIBP or its agents;

the potential for participants to attempt manoeuvres or tricks, resulting in incorrect landing or falling;

the potential for participants or spectators to fall off ramps, equipment or other obstacles; and

the potential for a participant or other persons present at BAIBP to act in a negligent manner that may contribute to an injury to another, or others, such as not acting within his or her ability.

5. I acknowledge that whilst BAIBP, Saltpond Pty Ltd, takes reasonable steps to ensure the safety of all participants and spectators it cannot ensure the safety of participants due to the danger and risks associated with the recreational activities.

6. Particular risks include accidents resulting in damage or injury including;

damage to clothing or property

twists, sprains, broken bones and physical injury;

Splinters and Friction Burns:

spinal injury;

brain injury;

internal bodily injuries;

paralysis; and,

death.

7. I acknowledge understand and agree to comply with all conditions of entry and rules of BAIBP as displayed at the entrance and throughout BAIBP or as otherwise notified to me.

8. I acknowledge, understand and agree to comply with the warnings displayed throughout BAIBP and to follow any and all lawful directions of the agents or employees of BAIBP.

9. I certify that I am in good health and have no medical, physical or mental conditions which could interfere with my safety in this activity, or else I willingly assume and bear the cost of, or risks, known or unanticipated, that may be created, directly or indirectly, by any such condition.

10. I understand that the staff at BAIBP are not medically trained. They are within their rights to accept my representations as to my health. Where there is any doubt as to my physical condition, I understand that I should seek medical advice prior to participating in recreational activities.

11. I consent to receive any medical first aid treatment that the staff at BAIBP consider necessary during or after the recreational activities.

12. I agree that before I participate or spectate in the recreational activities and any other activities, I will independently inspect the related facilities and equipment. I will immediately advise the staff of BAIBP of any unsafe condition that I observed. I will not participate in the recreational activity until all unsafe conditions observed by me have been remedied.

13. I expressly and voluntarily agree and promise to accept and assume all of the risks existing in the recreational activities and any other activities which may involve the risks generally and the particular risks described above.

14. I hereby agree to release, discharge, defend, compensate, make good and indemnify BAIBP or Saltpond Pty Ltd for any and all claims, complaints, demands, or causes of action, or any personal injury or death;

arising out of all of the risks generally and the particular risks discussed above; or

for failing to comply with a statutory obligation, and

which are in any way connected with participation or spectating in the recreational activities or my use of BAIBP or BAIBP equipment, land, or facilities, including such claims, complaints, demands or causes of action which allege negligent act or omissions of the BAIBP, Saltpond Pty Ltd or any of their staff.

15. Without limiting my acknowledgement, release or indemnity referred to in this document, I hereby release BAIBP, Saltpond Pty Ltd from other liability including without limitation for loss or damage to personal property and indirect or consequential losses, including where it has failed to comply with the statutory guarantees under the Australian Consumer Law (Commonwealth) except to the extent of any liability imposed on BAIBP, Saltpond Pty Ltd under the Australian Consumer Law Commonwealth) which cannot be excluded, restricted or modified.

16. I agree that I am responsible for the use of the facilities appropriately and participating at a suitable level and in a safe manner.

17. I acknowledge my registration at BAIBP and the agreement to this document is not transferable to any other person.

18. I hereby grant permission to BAIBP, Saltpond Pty Ltd , their successors and sponsors to use my name, contact information, image and likeness in direct connection with the recreational activities for promotional casting or reporting purposes in any and all manner and media, unless restricted by privacy legislation. All personal information will be stored managed and used in accordance with the Personal Information Privacy Act of New South Wales.

19. By signing this document, I acknowledge, agree and understand that, to the full extent permitted by the law, the liability of BAIBP, Saltpond Pty Ltd in relation to the recreational activities and any other activities for any harm or injury that may be suffered by me (or a person for whose behalf I am acquiring the services) resulting from the supply of the recreational activities and any other activity is excluded.

20. I agree that paragraphs 12-16 and 19 above may be pleaded as a complete bar to any claim, notice, demand, action, proceeding, litigation or judgement which has or may be brought or may be made against BAIBP, Saltpond Pty Ltd or any of the related parties.

21. This deed may be executed in counterparts and all counterparts taken together will constitute one instrument. For the purpose of execution of this deed, each party agree to accept executed counterparts sent by facsimile or email.

22. Riders or Spectators MUST NOT utilise any trails or related infrastructure in BAIBP while under the influence of drugs or alcohol.

23. Australian standards approved helmets MUST be worn in BAIBP at all times. Closed-toe footwear and upper and lower body clothing MUST be worn at all times.

24. BAIBP reserves the right to revoke passes and/or refuse entry to any park user.

AIR BAG

By participating in activities at Big Air indoor bike park, owned by Saltpond Pty Ltd, I acknowledge and accept the inherent risks associated with the use of the air bag feature. I understand that the air bag is designed to provide a cushioned landing surface, but there are still risks of injury involved in using this equipment.

I am aware that there is a risk of falling from the air bag. I understand the importance of using proper technique, landing correctly, and following all safety guidelines to reduce the risk of falling and potential injury. 

I agree to release Big Air  indoor bike park, its owners, operators, employees, and affiliates from any and all liability for injuries, damages, or losses that may occur as a result of falling from the air bag or injury due to improper use. I acknowledge that I am solely responsible for my own safety and well-being while using this equipment.

By signing below, I certify that I have read and understood this waiver clause and voluntarily assume all risks associated with using the air bag at the indoor bike park, including the potential harm from landing on or being hit by equipment and the risk of falling if not used correctly.

SPECTATORS ENTRY

I understand and acknowledge that by entering the Big Air indoor bike park, owned by SaltPond Pty Ltd as a spectator, I may be at risk of being hit by equipment, falling from ramps, slips, trips, and falls on stairs and seating areas. I am aware of the potential dangers and risks associated with being near riders and bike park activities.

I agree to take full responsibility for my own safety and well-being while on the premises of Big Air indoor bike park. I understand that I must exercise caution and be aware of my surroundings at all times. I will not hold Big Air indoor bike park, its owners or its staff liable for any injuries or accidents that may occur during my visit.

I also understand and accept responsibility for safety of and supervising young children to ensuring they do not go near ramps or engage in any activities that could put them at risk. I will closely monitor their actions and behaviour to prevent any accidents or injuries.

By signing below, I acknowledge that I have read and understood the risks associated with being a spectator at the indoor bike park and agree to comply with all safety guidelines and rules set by the facility.

HIRE AND RENTAL

1. All users hiring bikes and related equipment accept responsibility for the equipment, and agree to return the equipment in the condition it was hired.

2. In the event of any damage, loss and/or destruction of equipment, the hirer will be liable for all costs of repair and/or replacement.

3. If taking out a damage waiver, this waiver will cover fair wear and tear and accidental damage. Damage through misuse of any kind will void the damage waiver.

Statement of understanding

I acknowledge that I have read and understood the matters set out in this document and that either;

I am of lawful age and legally competent to give this acknowledgement and release for myself, or

I am the participant’s or spectaors parent or guardian and I am legally competent to give this acknowledgement and release on their behalf.

I acknowledge that the conditions set out in this document are contractual in nature, are intended to have legal effect, including under relevant legislation, and are not merely a warning or recital. I am advised to seek legal advice for any terms I do not understand.

I acknowledge that the condition set out in this document will apply to the present and all subsequent visits that I make to BAIBP.

I agree to notify the manager of Big Air Indoor Bike Park of any injury, accident or incident before leaving the premises.

I have signed this document of my own free will and without any representation or inducement by BAIBP, Saltpond Pty Ltd, its agents or employees, or any other person at BAIBP.

I agree to these terms and conditions.