RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND ASSUMPTION OF RISKS AGREEMENT (hereinafter referred to as the “Agreement”). BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT, EVEN IF YOU THINK IT IS NOT YOUR FAULT. PLEASE READ THIS AGREEMENT CAREFULLY!
a. In this Agreement:
Adapta Holdings Pty Ltd means Adapta Holdings Pty Ltd (ACN 155 747 970) trading as Linga Longa Bike Park, and all of its successors, assigns, affiliates, subsidiaries, employees, and representatives.
Bike Park means Linga Longa Bike Park and all machinery and equipment whatsoever (including but not limited to all vehicles, bikes, Shuttles and Trails) at the corner of Cassia Road and Southampton Road, Balingup, Western Australia.
Claims means any action, application, appeal, arbitration, cause of action, claim, complaint, cost, debt due, demand, determination, inquiry, judgment, suit, or verdict:
i. at law;
ii. in equity;
iii. arising under any statute, regulation, or other legislative instrument; or
iv. arising under any contract, deed, or any other instrument made or approved under any law.
Mountain Biking means the use of any part of the Bike Park and its related facilities and all mountain biking activities including but not limited to guided descents, clinics, and competitions.
Shuttles means the shuttle service for bikes and riders provided at the Bike Park.
Trails means any path, track or unpaved lane or road in the Bike Park, including but not limited to shared-use paths for commuting, off- road cross country trails and downhill mountain bike trails.
2. ASSUMPTION OF RISKS
a. I acknowledge and I am aware that:
i. Mountain Biking is an extreme sport and involves many inherent risks, dangers, and hazards. Injuries are a common and expected part of Mountain Biking;
ii. Mountain Biking takes place on steep, rugged, and challenging terrain and features, and will expose me to many risks, dangers, and hazards;
iii.Falls and collisions occur frequently during Mountain Biking. Track conditions, obstacles, and features can and will change without warning. For example, rocks can move, and trees and branches fall in the Bike Park;
iv. Inherent risks of Mountain Biking include impact or collision with other users of the Bike Park, other bikes and vehicles, and becoming lost or separated from the guides or other users of the Bike Park; and
v. Full face helmets are mandatory at the Bike Park. Other mountain biking protective gear is strongly recommended to be worn.
b. I will report to employees of Adapta Holdings Pty Ltd any changes in trails or hazards I see, and I will render support and organize help for any injured user of the Bike Park.
c. I understand wild and farmed animals frequent the Bike Park and may pass through it without warning. For example, kangaroos, emus, snakes, pigs, foxes, rabbits, birds, cattle, and sheep have all been seen in and near the Bike Park and all behave unpredictably.
d. Adapta Holdings Pty Ltd provides a shuttle service for your bike and to riders. While all reasonable care is taken, I acknowledge and accept that Adapta Holdings Pty Ltd takes no responsibility for damage caused to myself or my bike while using the shuttle service. I take full and sole responsibility for the security and protection of myself and my bike on the shuttle service.
e. While using the shuttle service at the Bike Park I acknowledge and accept that I will wear seat belts (where available) in vehicles.
f. In the event that I am injured at the Bike Park (for example, riding a bike, walking, spectating, volunteering, or participating in an event) I acknowledge and accept that Adapta Holdings Pty Ltd will provide limited first aid support. In the event that Adapta Holdings Pty Ltd determines that an ambulance is deemed necessary, one will be called, at my cost. It will be my responsibility to ensure that I have the requisite level of health cover for medical costs and ambulance cover while using the Bike Park.
g. I acknowledge Adapta Holdings Pty Ltd does not provide service or setup information for my bike.
3. RELEASE OF LIABILITY
a. As a potential user of the Bike Park, I acknowledge and accept that usage of the Bike Park is a recreational activity that may constitute a dangerous recreational activity pursuant to the Civil Liability Act 2002 (WA) and that participation in the activity involves a significant risk of physical harm or personal injury. Any injury may result not only from my actions but also from the action, omission, or negligence of others, including but not limited to Adapta Holdings Pty Ltd.
b. Adapta Holdings Pty Ltd shall not be liable to me or any third party in contract, tort, warranty, strict liability, statute or any other legal theory for any direct, indirect, consequential, incidental, punitive or exemplary damages, or for any claim for loss of profits. I expressly acknowledge that, to the maximum extent permitted by law, the entire risk arising out of my use of the Bike Park remains with me. Adapta Holdings Pty Ltd is not liable for any loss or damage whatsoever suffered by me or any other third party.
c. I agree to waive any and all claims and to release Adapta Holdings Pty Ltd from any and all liability from any loss, damage, expense, or injury, including death, that I may suffer as a result of using or being in the Bike Park, due to any cause whatsoever, including but not limited to negligence, breach of contract, or breach of any statutory or other duty of care, including any duty of care owed under the Civil Liability Act 2002 (WA) on the part of Adapta Holdings Pty Ltd. I understand that negligence includes failure on the part of Adapta Holdings Pty Ltd to take reasonable steps to safeguard or protect me from the risks, dangers, and hazards of using the Trails, Shuttles, and the Bike Park.
a. I indemnify and hold harmless and shall continue to indemnify and hold harmless Adapta Holdings Pty Ltd for any and all losses, claims, liabilities, damages, costs, and expenses (including all legal fees and costs and any other legal or other expenses incurred by it in investigating or defending any action or threatened actions) relating to my use of the Bike Park.
b. I agree that Adapta Holdings Pty Ltd may plead this agreement as a bar to any relevant Claims.