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THIS WAIVER IS TO BE USED BY SCHOOLS, BUSINESSES AND ORGANISATIONS ONLY. NOT TO BE SIGNED BY INDIVIDUALS OR PARENTS OF CHILDREN.

Name of Provider[1]: Forrest MTB Hire / Explore MTB / Michelle Davidson

Address of Provider: 16 Grant Street, Forrest Victoria 3236

To the Authorised Representative: The following pages affect your school/company’s legal rights and obligations. Please read these carefully and only sign if you fully understand their contents. For Participants under 18 years of age, these documents must be completed by an Authorised Representative such as a teacher/principal/program coordinator.

Description of Activities[2]:

Mountain Bike Skills Session and/or Bike/Scooter/Bike Seat Hire

Risk Warning

The school/company is aware that by the students/clients (“participants”) participation in any activities arranged by the Provider, certain risks or dangers may occur which could include:

  • Physical, bodily or psychological injury or death.
  • Physical exertion to which the participants are not accustomed.
  • Failure of equipment or use of inadequate equipment.
  • There may be no or inadequate facilities for treatment or transport to treatment if participants are injured.
  • The conditions in which the activities are conducted may vary without warning.
  • The participants may cause injury to other persons and/or other persons may cause injury to the participants.
  • The participants may be injured or die due to the negligence, breach of contract or breach of statutory duty or guarantee of the provider.

The school/company acknowledges that the activities are being undertaken for the purposes of recreation, enjoyment or leisure, and involve a significant degree of risk of physical harm.

The school/company acknowledges that the Activity may be undertaken with one or more other persons as part of a group and that the Provider is not liable for the actions of other participants in the group activity.

By signing below, the school/company acknowledges, agrees and understands that the risks associated with the Activities and/or recreational services have been explained to them. They undertake any such risk voluntarily and at their own risk.

Participant’s Warranties

The school/company and/or participants agree to abide by any of the Provider’s rules, and any direction or instruction given to the school/company and/or participants by the Provider during the course of the Activities. The participants agree to use and/or wear any equipment given to the participants by the Provider.

The school/company declares that all participants are medically and physically fit and able to participate in the Activities. The school/company acknowledges that the school/company must, and agree that the school/company will, disclose any pre-existing medical or other condition, injury or concern that may affect the risk that either the participants or any other person will suffer injury, loss or damage during the course of the Activities and notify the Provider of any injuries, illness or concerns that may arise during the Activity. The school/company will ensure that the participants will not engage in any reckless, negligent or foolish behaviour or any other behaviour that is likely to cause injury to themselves, any other participant or person.

The school/company agrees that if any participants suffer any injury or illness, the Provider may provide evacuation, first aid and/or medical treatment at the school/company’s expense and that their acceptance of these terms and conditions constitutes their consent to such evacuation, first aid and/or medical treatment.

The school/company declares that the participants have not consumed any alcohol or mind altering substance, or medication that may impact the participants judgement or physical capacity, before or at the time of engaging in the Activities.

Exclusion of Liability

The school/company agrees to and unconditionally release, waive, discharge and forever hold harmless, the Provider or any of its employees, agents, directors or officers, from any claims as a result of any personal injury sustained, whether caused by the Provider’s negligent act or wilful act or omission, breach of contract, breach of statutory duty, error, or otherwise in connection with or arising out of the Activities.

The school/company agrees that the Provider will not be liable for any claims for personal injury that may be brought against it as a result of or in connection with any act, omission, default, failure or error on the part of the Provider, and agree to indemnify and keep indemnified the Provider in respect of any such claims.

Waiver

It is possible for a supplier of recreational services to ask the school/company to agree that the statutory guarantees under the Australian Consumer Law (which is schedule 2 to the Competition and Consumer Act 2010 (Cth)) do not apply to the school/company. If the school/company signs this form, the school/company will be agreeing that the school/company’s rights (or the rights of a person for whom or on whose behalf they are acquiring the services) to sue the Provider in relation to the Provider’s services or the activities that the school/company undertake because the services or activities provided were not in accordance with the guarantees are excluded, restricted or modified as set out below.

Warning under the Australian Consumer LawAndFair Trading Act 2012 (Vic)

Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to the school/company —

  • Are rendered with due care and skill; and
  • Are reasonably fit for any purpose which the school/company, either expressly or by implication, makes known to the supplier; and
  • Might reasonably be expected to achieve any result the school/company has made known to the supplier.

Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask the school/company to agree that these statutory guarantees do not apply to the school/company. If the school/company signs this form, the school/company will be agreeing that their rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if a participants is killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.

NOTE: The change to the school/company’s rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.

Agreement to exclude, restrict or modify your rights:

The school/company agrees that the liability of the Provider for any personal injury that may result from the supply of the recreational services that may be suffered by a participants (or a person for whom or on whose behalf the school/company is acquiring the services) is excluded.

[1] Provider includes the officers, employees, agents, contractors, franchisees and assigns of the Provider.

[2] Activities includes all activities and services ancillary to or associated with the named Activity, both before and after the Activity, including transportation to and from the location of the Activity whether provided by the Provider or not, briefings, inductions, training, and the provision of information in all manuals, safety guidelines and other documentation provided to or made available to the Participant with respect to the Activity, familarisation with clothing or equipment and methods of operation of equipment and the wearing and removal of any clothing or equipment associated with the Activity. Unless otherwise specified, a reference to an Activity is a reference to a recreational service or a recreational activity as defined in relevant legislation referred to herein.

Declaration and Signature

An authorised representative of the school/company has read carefully and understands this risk warning and waiver of liability and signs it freely and voluntarily without inducement of any kind.

This is to certify that I, as an Authorised Representative with legal responsibility for the Participant/s, acknowledge, understand and accept all of the above and consent to their release as provided above. On behalf of the school/company, I release and agree to indemnify and hold harmless the Provider from any and all liabilities arising from the students/clients participation in the Activities and/or recreational services, even if arising from the negligence of the Provider.

December 3, 2024

First Authorised Representative Name

First Name*

Last Name*
First Authorised Representative Age Acknowledgment*
First Authorised Representative Date of Birth*
I certify that I am 18 years of age or older
First Authorised Representative Information

Name of School/Company

Authorised Representative

Student Class/Group Name

Address of School/Company

State:

Postcode:
First Authorised Representative Signature*
Second Authorised Representative Name

First Name*

Last Name*
Second Authorised Representative Date of Birth*
Second Authorised Representative Information

Name of School/Company

Authorised Representative

Student Class/Group Name

Address of School/Company

State:

Postcode:
Third Authorised Representative Name

First Name*

Last Name*
Third Authorised Representative Date of Birth*
Third Authorised Representative Information

Name of School/Company

Authorised Representative

Student Class/Group Name

Address of School/Company

State:

Postcode:
Fourth Authorised Representative Name

First Name*

Last Name*
Fourth Authorised Representative Date of Birth*
Fourth Authorised Representative Information

Name of School/Company

Authorised Representative

Student Class/Group Name

Address of School/Company

State:

Postcode:
Fifth Authorised Representative Name

First Name*

Last Name*
Fifth Authorised Representative Date of Birth*
Fifth Authorised Representative Information

Name of School/Company

Authorised Representative

Student Class/Group Name

Address of School/Company

State:

Postcode:
Sixth Authorised Representative Name

First Name*

Last Name*
Sixth Authorised Representative Date of Birth*
Sixth Authorised Representative Information

Name of School/Company

Authorised Representative

Student Class/Group Name

Address of School/Company

State:

Postcode:
Seventh Authorised Representative Name

First Name*

Last Name*
Seventh Authorised Representative Date of Birth*
Seventh Authorised Representative Information

Name of School/Company

Authorised Representative

Student Class/Group Name

Address of School/Company

State:

Postcode:
Eighth Authorised Representative Name

First Name*

Last Name*
Eighth Authorised Representative Date of Birth*
Eighth Authorised Representative Information

Name of School/Company

Authorised Representative

Student Class/Group Name

Address of School/Company

State:

Postcode:
Ninth Authorised Representative Name

First Name*

Last Name*
Ninth Authorised Representative Date of Birth*
Ninth Authorised Representative Information

Name of School/Company

Authorised Representative

Student Class/Group Name

Address of School/Company

State:

Postcode:
Tenth Authorised Representative Name

First Name*

Last Name*
Tenth Authorised Representative Date of Birth*
Tenth Authorised Representative Information

Name of School/Company

Authorised Representative

Student Class/Group Name

Address of School/Company

State:

Postcode:
Parent or Guardian's Email Address

Email*

Confirm Email*
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Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Information

Name of School/Company

Authorised Representative

Student Class/Group Name

Address of School/Company

State:

Postcode:
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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