IMPORTANT: Please read the Mountain Bike Waiver and COVID Declaration below. By attending Garapine Mountain Bike Park you are agreeing to these terms and conditions and declare that you meet the COVID entry requirements.
COVID Declaration
I confirm that:
If you cannot confirm all of the above, you must not enter the Garapine property.
MOUNTAIN BIKE RIDING – RISK WARNING and WAIVER OF LIABILITY
Name of Provider: Peak Events Pty Ltd ATF The Nelnett Trust T/A Garapine
Address of Provider: 24 Mountain View Rd, Kybong Qld 4570
Provider includes the officers, employees, agents, contractors, franchisees and assigns of the Provider.
The following affects your legal rights and obligations. Please read these carefully and only agree if you fully understand their contents. For Participants under 18 years of age, the booking policy/waver must be agreed to by a parent or legal guardian.
Description of Activities: Mountain bike riding and bike shuttle service.
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.
Risk Warning
I am aware that by my participation in any activities arranged by the Provider, certain risks or dangers may occur which could include:
I acknowledge that the activities are being undertaken for the purposes of recreation, enjoyment or leisure, and involve a significant degree of risk of physical harm.
I acknowledge 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, I acknowledge, agree and understand that the risks associated with the Activities and/or recreational services have been explained to me. I undertake any such risk voluntarily and at my own risk.
I acknowledge that the risk warning above constitutes a “risk warning” in accordance with the Civil Liability Act 2002 (NSW) and the Civil Liability Act 2002 (WA).
Participant’s Warranties
I agree to abide by any of the Provider’s rules, and any direction or instruction given to me by the Provider during the course of the Activities. I agree to use and/or wear any equipment given to me by the Provider.
I declare that I am medically and physically fit and able to participate in the Activities. I acknowledge that I must, and agree that I will, disclose any pre-existing medical or other condition, injury or concern that may affect the risk that either I 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. I will not engage in any reckless, negligent or foolish behaviour or any other behaviour that is likely to cause injury to me, any other participant or person.
I agree that if I suffer any injury or illness, the Provider may provide evacuation, first aid and/or medical treatment at my expense and that my acceptance of these terms and conditions constitutes my consent to such evacuation, first aid and/or medical treatment.
I declare that I have not consumed any alcohol or mind altering substance, or medication that may impact my judgement or physical capacity, before or at the time of engaging in the Activities.
Exclusion of liability
I agree 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.
I agree 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 you 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 you. If you sign this form, you will be agreeing that your rights (or the rights of a person for whom or on whose behalf you are acquiring the services) to sue the Provider in relation to the Provider’s services or the activities that you undertake because the services or activities provided were not in accordance with the guarantees are excluded, restricted or modified as set out below.
For Queensland, New South Wales, Western Australia, Tasmania, Northern Territory and Australian Capital Territory and Commonwealth
By signing this form, you agree that the liability of the Provider in relation to the activities (as defined by the Competition and Consumer Act 2010 (Cth), the Consumer Affairs and Fair Trading Act (NT) and the Australian Consumer Law) and recreational activities (as defined by the Civil Liability Act 2002 (NSW) and the Civil Liability Act 2002 (WA)) for any:
That may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of the recreational services or recreational activities is excluded.
You acknowledge and agree that the above provision operates to exclude the liability of the Provider as a result of a breach of an express or implied warranty that the recreational services will be rendered with reasonable care and skill in accordance with section 5J of the Civil Liability Act 2002 (WA) and section 5N of the Civil Liability Act 2002 (NSW).
Declaration and Agreement
I have read carefully and understand this risk warning and waiver of liability and agree to it freely and voluntarily without inducement of any kind.
For Participants under age 18
This is to certify that I, as a parent/guardian with legal responsibility for the Participant, acknowledge, understand and accept all of the above and consent to his/her release as provided above. I release and agree to indemnify and hold harmless the Provider from any and all liabilities arising from my minor child’s involvement or participation in the Activities and/or recreational services, even if arising from the negligence of the Provider.
MEDIA CONSENT
I acknowledge and consent to photographs or video footage being taken of me by or on behalf of Garapine whilst on the property. I acknowledge that the photographs or video footage may be used for promotional purposes withoutmy further consent being obtained.
MOUNTAIN BIKE RIDING – BOOKING/CANCELLATION POLICY
All cancellations must be made in writing to [email protected]. Cancellations made more than 48 hours prior to the booked date will be refunded (minus payment processing fees and charges). Cancellations made less than 48 hours prior to booked date will not be refunded.
I understand that I must have current Mountain Bike Australia (MTBA) membership to ride at Garapine and that true and correct details of membership will be provided for each rider as a part of this booking. MTBA membership involves a separate fee charged by MTBA www.mtba.org.au
Garapine reserves the right to close the trails for riding for any reason without notice.