PO Box 1788 Mandurah, WA 6120. PH 0409 090 066
RELEASE & INDEMNITY FORM
BY SIGNING THIS DOCUMENT, YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT OR INJURY, EVEN IF YOU THINK IT IS NOT YOUR FAULT. PLEASE READ THIS AGREEMENT CAREFULLY!
ACCEPTANCE OF RISK & RELEASE OF LIABILITY AGREEMENT
(hereinafter referred to as the “Agreement”).
Loose Ridersmeans Ashjard nominees Pty Ltd (ABN 42167601925 ) trading as Loose Riders, also known as Loose Riders Perth and all of its successors, assigns, affiliates, subsidiaries, employees, representatives, agents and contractors.
Activities mean all activities and services organised and provided by Loose Riders including, but not limited to Mountain Biking and all activities usually associated with Mountain Biking including the provision of transport services, clothing, bikes, machinery & equipment.
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 all mountain biking activities including but not limited to social rides, guided descents, clinics, and competitions.
Shuttles means the shuttle service for bikes, equipment and riders provided by Loose Riders.
Trails means any path, track or unpaved lane or road, including but not limited to shared-use paths for commuting, off-road cross-country trails and downhill mountain bike trails.
ACKNOWLEDGMENTS &ASSUMPTION OF RISKS:
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 on trails.
iv) Inherent risks of Mountain Biking include impact or collision with other users of the Bike trails, other bikes and vehicles, and becoming lost or separated from the guides or other users of the Bike trail network.
v) Helmets are mandatory at ALL Loose Riders events. Other mountain biking protective gear is strongly recommended to be worn.
vi) wild and farmed animals frequent the Bike trails 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 trails and all behave unpredictably.
vii) With regards to the shuttle service provided by Loose Riders for transportation of bikes, equipment and riders, I acknowledge and accept that, while all reasonable care is being taken, Loose Riders takes no responsibility for damage caused to myself, my bike and equipment while using the shuttle service. I takefull and sole responsibility for the security and protection of myself and my bike on the shuttle service, and I will wear a seat belt (where available).
iix) I am aware and acknowledge that Loose Riders can only provide limited first aid support in the event that I am injured at a Loose Rider Bike trailevent (for example, riding a bike, walking, spectating, volunteering, or participating).
ix) In the event that Loose Riders 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 anyof Loose Riders services or participating in the activities.
x) I understand it is a requirement to participate in any Loose Riders activities that I have MTBA insurance cover and currently have a insurance policy with MTBA.
i) To act as a reasonably prudent person when engaging in the activities, and to obey and follow the instructions, rules and regulations notified (whether in writing, verbally, on signs or otherwise) at any time by Loose Riders representatives.’
ii) not to participate in any activities whilst intoxicated or under the influence of alcohol or drugs.
iii) to advise Loose Riders’representatives of any known health problems or medical condition or disability affecting me and of any prescribed medication in treatment of such medical condition or disability.
iv) to report to representatives of Loose Riders any changes in trails or hazards I see, and I will render support and organize help for any injured user of the trails.
v) to notify Loose Riders’ representatives of any incident or accident involving personal injury or illness experienced by me or witnessed by me during the activities.
ACCEPTANCE OF RISK AND RELEASE AND INDEMNITY:
i) I acknowledge and accept to participate in any Loose Riders activities at my own risk.
ii) I acknowledge and accept that the usage of the Bike trails and any Loose Riders activities and services 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 Loose Riders.
iii) I irrevocably undertake in favour of Loose Riders and its representatives, agents, employees and contractors (Loose Riders), to the extent permitted by law, to Release Loose Riders from all liabilities for any actions, claims, demands, losses, damages, costs and expenses arising from any death or injury to any persons, and damage to, or loss of, any property, which may be suffered or sustained as a result of my participation in any Loose Rider activities or use of any of Loose Riders’ services, 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 Loose Riders. I understand that negligence includes failure on the part of Loose Riders to take reasonable steps to safeguard or protect me from the risks, dangers, and hazards resulting from participation in Loose Riders activities or using Loose Riders’services.
iv) I irrevocably undertake in favour of Loose Riders and its representatives, agents, employees and contractors (Loose Riders) to IndemnifyLoose Riders against all actions, claims, demands, losses, damages, costs and expenses suffered or incurred in relation to my participation in any Loose Rider activities or use of any of Loose Riders’ services; and
This Agreement shall remain in force until cancelled or revoked by Loose Riders.
I agree that Loose Riders may plea this agreement as a bar to any relevant Claims.
Refunds are acceptable for transport services if 72 hrs notice is given before the first pick up location time.
All refunds including bus and store purchases are by way of store credit to be used for any store or bus services.
SOCIAL MEDIA POLICY
Loose Riders and its related parties including Loose Riders Global may from time to time without your permission post photos of you and your bike on our social media network and websites both on the Loose Riders Perth network as well as other social media platforms by Loose Riders Perth and other Loose Riders Chapters.