Releases and Liabilities Waiver.
In order to participate in the mountain biking shuttle services provided by MTB Tours WA, the undersigned participant/s hereby must acknowledge their understanding of and agree to the following terms and conditions:
1. Assumption of Risk: The participant/s understand that mountain biking activities are dangerous at all times and regularly involves inherent risks, including but not limited to the risk of bodily injury, accidents, risk of injury to others, aggravation of previous injuries or conditions, and property damage. Because of this relevant personal casual or racer’s Mountain Bike rider’s Insurance is strongly recommended often providing injury and loss of income cover. The participant/s must be aware and acknowledge that there is always the possibility of serious bodily injury, including the risk of death, while participating in mountain biking activities. At any time trail conditions can change, rocks move as other riders hit them, trail surfaces change as bikes loose traction, tree branches can fall across trail or animals including but not limited to kangaroos, sheep, cattle, dogs, cats, pedestrians and many others may be on the trail without notice at any time or location. Due to the nature of the activity often bringing on dehydration, exhaustion and light headedness the participant/s are to take extreme care while using Mtb Tours WA’s services including but not limited to the loading, securing and unloading of your bikes from the company trailer and care entering and exiting the shuttle bus/van. The participant/s voluntarily assumes all risks associated with participating in the mountain bike activities services supplied by Mtb Tours WA.
2. Release and Waiver of Liability: The participant and any minor in their care hereby releases, discharges, and holds harmless MTB Tours WA, its owners, employees, agents, and representatives from any and all claims, liabilities, demands, actions, or causes of action, whether at law or in equity, arising out of or related to any loss, damage, or injury, including death, that may be sustained by the participant while participating in the shuttle services, to the fullest extent permitted by the laws of Western Australia.
3. Bike Condition and Maintenance: The participant/s acknowledges that they are responsible for ensuring that their mountain bike is in proper well maintained working condition before using MTB Tours WA shuttle services and ensures that the bike/s will be cleaned before entering any of the shuttle areas serviced by Mtb Tours WA in order to limit the spread of Dieback disease in our forests.
4. Compliance with Rules and Instructions: The participant agrees to comply with all rules, terms and conditions, waivers, guidelines, and instructions provided by MTB Tours WA’s staff and their documentation. Smoking, the consumption of alcohol and the taking of any illicit drugs is prohibited on the shuttle bus. Interfering with other patrons and their belongings is forbidden. Violence, bullying, or any aggressive abusive behaviour will not be tolerated and may result in the participant/s being denied access to the shuttle services and police being notified.
5. Emergency Medical Treatment: In the event of an injury or medical emergency where the participant is clearly concussed and not able to make their own decisions, the participant authorizes MTB Tours WA to try and secure medical treatment on their behalf. The participant agrees to be responsible for all costs associated with such medical treatment and/or any emergency transport including but not limited to ambulance and/or helicopter transport if required . The participant also waivers the right to sue or litigate against Mtb Tours WA Pty Ltd the company, it’s directors and/or any employees of this tour company for securing any emergency treatment.
Mountain bike riders and/or racers insurance is strongly recommended to minimize the financial burden that mountain bike accidents commonly bring.
6. Photographic Release: The participant grants MTB Tours WA the right to use photographs or videos taken during the shuttle services for promotional and marketing purposes without compensation.
7. This legal document will stand legally binding until the owner modifies the document or until the participant sends in writing their request to withdraw their acceptance of the document and thus relinquishing their opportunity to use the shuttle services provided by Mtb Tours WA.
The participant/s by ticking the check box below acknowledge that they have read and understood this Release of Liability Waiver and voluntarily agree to its terms, as governed by Australian law, details outlined in this waiver and acknowledge that anybody in their care using the same shuttle card understand and agree to the waiver in full.