Risk Warning and Waiver of Liability
Name of Provider Barrington Bike Park/The Steps Barrington/Barrington Outdoor Adventure Centre Pty Ltd
Address of Provider 534 & 535 Manchester Rd, Bindera NSW 2422
The following section applies to the person completing this document. Parents/guardians with legal responsibility must complete this form for participants under age 18.
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 below 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.
GENERAL TERMS AND CONDITIONS, RISK WARNING, PARTICIPANT’S WARRNTIES, EXCLUSION OF LIABILITY AND WAIVER:
The following information affects your legal rights and obligations. By accepting this agreement you will waive or give up certain legal rights, including the right to sue or claim compensation following an accident.
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 a parent or legal guardian.
In this Release Agreement the term ‘mountain biking’ includes use of all Barrington Bike Park and The Steps Barrington Trails and related facilities, uplift services, guided rides and coaching sessions.
Mountain Biking at Barrington Bike Park and The Steps Barrington
GENERAL TERMS AND CONDITIONS
1. Mountain biking is an inherently dangerous activity. In the Barrington Bike Park you will be exposed to risks including but not limited to; steep trails, avoidable and unavoidable obstacles, trail verge dangers and changing trail and weather conditions. Even with all possible risk controls and protective equipment, the risk of severe injury or death remains. All riders must be aware of these risks and acknowledge the potential risk of harm or death.
2. Riders are responsible for ensuring that they have the physical capacity to complete the activity.
3. Riders MUST NOT utilise any trails or related infrastructure in the park while under the influence of drugs or alcohol. Barrington Bike Park and The Steps Barrington reserve the right to deny access to any area of the park to any patron they believe may be under the influence of drugs or alcohol.
4. All users of the park who are under 18 years of age, MUST have this form signed by a parent or guardian
5. All riders under the age of 12 must be accompanied by a parent or guardian at all times
6. All riders under the age of 12 are not permitted to ride from the second trail head
7. Australian standards approved helmets MUST be worn in the park at all times, full face helmets must be worn by any rider at the second trail head.
8. Closed toe footwear and upper and lower body clothing MUST be worn at all times.
9. Barrington Bike Park STRONGLY RECOMMEND the use of a full face helmet and additional protective equipment, which may include but is not limited to; knee and elbow protection, chest and back protection, gloves, eyewear and neck braces.
10. Riders MUST NOT attempt any trail or trail feature unless they have the ability to do so. All trails and features MUST be ridden slowly to allow inspection of trail conditions prior to increasing rider speed. All riders must ride in control and within their ability at all times.
11. All trails within Barrington Bike Park, excluding Elevator and Boomerang, are DESCENDING ONLY. Any rider found riding trails in the incorrect direction will have their shuttle pass revoked.
12. The Barrington Bike Park uplift access road is a privately managed road, and is not open to private vehicles, riders or walkers. Such use constitutes trespass and will result in shuttle pass cancellation and potential prosecution.
13. The Barrington Bike Park is a private bike park facility, and operates only within set operating hours. Use outside of these operating hours is strictly prohibited.
14. All users of the park are responsible for their own equipment and must ensure that their equipment is in good operating condition.
15. All park users MUST obey the Barrington Bike Park Rules of Trails at all times.
16. All park users MUST obey all trail closures, at all times.
17. To reduce the risk of spreading noxious weeds and plant-born diseases, all bikes MUST be washed clean before entry and exit to the park.
18. Barrington Bike Park reserves the right to revoke passes and/or refuse entry to any park user.
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 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).
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 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.
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), and the Australian Consumer Law) and recreational activities (as defined by the Civil Liability Act 2002 (NSW)) for any:
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 5N of the Civil Liability Act 2002 (NSW).
Agreement to exclude, restrict or modify your rights:
I agree 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 me (or a person for whom or on whose behalf I am acquiring the services) is excluded.
Declaration and Signature
I have read carefully and understand this risk warning and waiver of liability and sign it feely and voluntarily without inducement of any kind.
Name of Provider Barrington Bike Park/The Steps Barrington/Barrington Outdoor Adventure Centre Pty Ltd
Address of Provider 534 & 535 Manchester Rd, Bindera NSW 2422
The following section applies to the person completing this document. Parents/guardians with legal responsibility must complete this form for participants under age 18.
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 below 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.
GENERAL TERMS AND CONDITIONS, RISK WARNING, PARTICIPANT’S WARRNTIES, EXCLUSION OF LIABILITY AND WAIVER:
The following information affects your legal rights and obligations. By accepting this agreement you will waive or give up certain legal rights, including the right to sue or claim compensation following an accident.
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 a parent or legal guardian.
In this Release Agreement the term ‘mountain biking’ includes use of all Barrington Bike Park and The Steps Barrington Trails and related facilities, uplift services, guided rides and coaching sessions.
Mountain Biking at Barrington Bike Park and The Steps Barrington
GENERAL TERMS AND CONDITIONS
1. Mountain biking is an inherently dangerous activity. In the Barrington Bike Park you will be exposed to risks including but not limited to; steep trails, avoidable and unavoidable obstacles, trail verge dangers and changing trail and weather conditions. Even with all possible risk controls and protective equipment, the risk of severe injury or death remains. All riders must be aware of these risks and acknowledge the potential risk of harm or death.
2. Riders are responsible for ensuring that they have the physical capacity to complete the activity.
3. Riders MUST NOT utilise any trails or related infrastructure in the park while under the influence of drugs or alcohol. Barrington Bike Park and The Steps Barrington reserve the right to deny access to any area of the park to any patron they believe may be under the influence of drugs or alcohol.
4. All users of the park who are under 18 years of age, MUST have this form signed by a parent or guardian
5. All riders under the age of 12 must be accompanied by a parent or guardian at all times
6. All riders under the age of 12 are not permitted to ride from the second trail head
7. Australian standards approved helmets MUST be worn in the park at all times, full face helmets must be worn by any rider at the second trail head.
8. Closed toe footwear and upper and lower body clothing MUST be worn at all times.
9. Barrington Bike Park STRONGLY RECOMMEND the use of a full face helmet and additional protective equipment, which may include but is not limited to; knee and elbow protection, chest and back protection, gloves, eyewear and neck braces.
10. Riders MUST NOT attempt any trail or trail feature unless they have the ability to do so. All trails and features MUST be ridden slowly to allow inspection of trail conditions prior to increasing rider speed. All riders must ride in control and within their ability at all times.
11. All trails within Barrington Bike Park, excluding Elevator and Boomerang, are DESCENDING ONLY. Any rider found riding trails in the incorrect direction will have their shuttle pass revoked.
12. The Barrington Bike Park uplift access road is a privately managed road, and is not open to private vehicles, riders or walkers. Such use constitutes trespass and will result in shuttle pass cancellation and potential prosecution.
13. The Barrington Bike Park is a private bike park facility, and operates only within set operating hours. Use outside of these operating hours is strictly prohibited.
14. All users of the park are responsible for their own equipment and must ensure that their equipment is in good operating condition.
15. All park users MUST obey the Barrington Bike Park Rules of Trails at all times.
16. All park users MUST obey all trail closures, at all times.
17. To reduce the risk of spreading noxious weeds and plant-born diseases, all bikes MUST be washed clean before entry and exit to the park.
18. Barrington Bike Park reserves the right to revoke passes and/or refuse entry to any park user.
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:
- Physical, bodily or psychological injury or death.
- Physical exertion to which I am not accustomed.
- Failure of equipment or use of inadequate equipment.
- There may be no or inadequate facilities for treatment or transport to treatment if I am injured.
- The conditions in which the activities are conducted may vary without warning.
- I may cause injury to other persons and/or other persons may cause injury to me.
- I may be injured or die due to the negligence, breach of contract or breach of statutory duty or guarantee of the provider.
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).
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 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.
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), and the Australian Consumer Law) and recreational activities (as defined by the Civil Liability Act 2002 (NSW)) for any:
- Deaths;
- Physical or mental injuries (including the aggravation, acceleration or recurrence of such an injury);
- The contraction, aggravation or acceleration of a disease;
- 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 in relation to an individual:
- That is or may be harmful or disadvantageous to you or the community; or
- That may result in harm or disadvantage to you or community;
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 5N of the Civil Liability Act 2002 (NSW).
Agreement to exclude, restrict or modify your rights:
I agree 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 me (or a person for whom or on whose behalf I am acquiring the services) is excluded.
Declaration and Signature
I have read carefully and understand this risk warning and waiver of liability and sign it feely and voluntarily without inducement of any kind.