CANCELLATION POLICY, 

RECREATIONAL ACTIVITY RISK WARNING, ACKNOWLEDGEMENT, WAIVER

AND RELEASE

​

WA Mountain Bike Adventures

RECREATIONAL ACTIVITY RISK WARNING, ACKNOWLEDGEMENT, WAIVER

AND RELEASE

YOUR BIKE AND YOUR SAFETY IS YOUR RESPONSIBITY.

 

By participation in mountain biking activities ('the Recreational Activities') supplied by WA Mountain Bike Adventures ('Service Provider') including the loading and transport of bikes, participating in a tour, entering a vehicle or loading your bike on an attached trailer you agree to the following conditions. 

Participation in Mountain Biking, and the loading and transport of bikes ('the Recreational Activities') supplied by WA Mountain Bike Adventures ('Service Provider') involves significant risks, including the risk of personal injury and death. Particular risks include, but are not limited to:

• Injury from falling from a bicycle at speed.

• Injury from impacting trees, rocks and other natural features.

• Injury from natural fauna such as bee stings and snakebite.

 

2. Before you participate in the Recreational Activities, you should ensure that you are

aware of, and properly understand, all of the risks involved in the Recreational

Activities, and that those risks will include any particular risks associated with any

health condition or pre-existing disability from which you suffer.

3. By entering into the Recreational Activities, you acknowledge, agree and understand that you engage or

participate in the Recreational Activities voluntarily and at your own risk in full

knowledge of the Risks generally and Particular risks described above.

4. If you are a parent, guardian or responsible person performing

parenting responsibilities, you acknowledge and agree that you have explained to the

participant that the Recreational Activities provided by the Service Provider may involve

risks generally; and the Particular risks described above.

5. By participating in the Recreational Activities, you also acknowledge, agree and understand that the risk

warning above constitutes a formal 'risk warning' for the purposes of the relevant

legislation, including for the purpose of:

5.1. Section 5M of the Civil Liability Act 2002 (NSW);

5.2. Section 5I of the Civil Liability Act 2002 (WA);

5.3. Section 48 of the Consumer Affairs and Fair Trading Act (NT);

5.4. Section 43 of the Civil Law (Wrongs) Act 2002 (ACT);

5.5. Section 15 - 20 of the Civil Liability Act 2002 (TAS);

5.6. Section 31 - 39 of the Civil Liability Act 1936 (SA);

5.7. Section 50 of the Wrongs Act 1958(VIC); and/or

5.8. Section 13 - 19 of the Civil Liability Act 2003 (QLD).

6. Section 139A of Competition and Consumer Act, 2010 (Cth) permits the Service

Provider of the Recreational Activities and associated services to ask you to agree that

the statutory guarantees under the Australian Consumer Law(Cth) do not apply to you

(or a person for whom or on whose behalf you are acquiring the services to engage in

the Recreational Activities).

7. By participating in the Recreational Activities, you acknowledge, agree and understand that, to the full extent permitted by law (including section 139A of the Competition and Consumer Act2010 (Cth)):

7.1. Your rights (or the rights of a person for whom or on whose behalf you are

acquiring the services) to sue the Service Provider, its servant and agents, in

relation to the Recreational Activities if the Recreational Activities or associated

services were not provided to you in accordance with any express or implied

warranty or guarantee that the services will be provided with reasonable care

and skill, are excluded, restricted or modified as set out below; and

7.2. You (or the person for whom or on whose behalf you are acquiring the services)

release the Service Provider, its servant and agents, from all liability for a failure

to comply with any express or implied warranty or guarantee that the services

will be provided with reasonable care and skill.

8. By entering into the Recreational Activities, you acknowledge, agree and understand that, to the full

extent permitted by law, the liability of the Service Provider in relation to recreational

services and activities (as that term is defined in the Australian Consumer Law (Cth)

and any similar state laws) for any:

8.1. death;

8.2. physical or mental injury (including the aggravation, acceleration or recurrence of

such an injury);

8.3. the contraction, aggravation or acceleration of a disease;

8.4. the coming into existence, the aggravation, acceleration or recurrence of any

other condition, circumstance, occurrence, activity, form of behaviour, course of

conduct or state of affairs:

(i) that is or may be harmful or disadvantageous to you or the community;

(ii) that may result in harm or disadvantage to you or the community;

(iii) 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 recreational

services or recreational activities is excluded.

9. By Participating in the Recreational Activities this document, to the full extent permitted by law, you (or the person for

whom or on whose behalf you are acquiring the services) agree to waive and/or

release the Service Provider, its servants and agents, from any claim, right or cause of

action which you or your heirs, successors, executors, administrators, agents and

assigns might otherwise have against the Service Provider, its servant and agents, for

or arising out of your death or physical or mental injury, disease, loss and damage, or

economic loss of any description whatsoever which you may suffer or sustain in the

course of or consequential upon or incidental to your participation in the Recreational

Activities, whether caused by the negligence of the Service Provider, its servant and

agents, or otherwise.

10. By participating in the Recreational Activities, you acknowledge, agree and understand that:

10.1. The Service Provider will permit you to participate in the Recreational Activities,

and provide you with the associated services, in part in consideration of you

agreeing to this document;

10.2. The Service Provider may rely on this document in any proceedings commenced

in any Court by me or by my heirs, executors and assigns;

10.3. The laws of Western Australia govern this document.

11. You do not have to agree to exclude, restrict or modify or waive your rights against, or

release, the Service Provider, its servants and agents, from any claims

document, the Service Provider may refuse to allow you to participate in the

Recreational Activities, or to provide you with the associated services, if you do not

agree to exclude, restrict, modify or waive your rights against, or release, the Service

Provider, its servants and agents. Even if you agree to this

document, you may still have further legal rights.

12. By participating in the Recreational Activities you agree that the waivers and releases contained in this document apply for every visit you and accompanying minors make to the Service Provider until such time as you withdraw or modify your consent in writing or the Service Provider modifies these terms.