MOUNTAIN BIKING TERMS & CONDITIONS

MT BULLER MOUNTAIN BIKING WARNING, RISK WAIVER, LIABILITY RELEASE AND HOLD HARMLESS AGREEMENT

In this agreement, the term “mountain biking” shall include all cycling activities, events, services or use of facilities within the Mt Buller MTB Trail Network (trails).  

In clicking a button on the screen indicating your acceptance of this agreement you will waive or give up certain legal rights, including the right to sue or claim compensation following an accident. Please read the following carefully:

Risk Warning

By entering into this agreement, I agree that I am aware:

• (a) Mountain biking is an inherently dangerous recreational activity with a high risk of serious physical injury, technically challenging dangers and unexpected hazards. Injuries are a common part of mountain biking. I acknowledge that the enjoyment and excitement of mountain biking is derived in part from the inherent risks incurred by the activity beyond the accepted safety of life at home, school or work and that these inherent risks contribute to such enjoyment and excitement being a reason for my participation.
• (b) That by my participation in mountain biking activities, certain risks or dangers may occur which could include:

1. 1. 1. i. Serious physical, bodily or psychological injury and death.
   2. ii. Physical exertion to which I am not accustomed.
   3. iii. Failure of equipment or use of inadequate equipment.
   4. iv. There may be no or inadequate facilities for treatment or transport to treatment if I am injured.
   5. v. The conditions in which the activities are conducted, including the MTB trails may change without warning.
   6. vi. I may cause injury to other persons and/or other persons may cause injury to me.

• (c) Of the Code of Conduct and agree to abide by same.
•  

I acknowledge that provisions of the Competition and Consumer Act 2010 (Cth) and Australian Consumer Law and Fair Trading Act 2012 (Vic) imply into contracts for the supply of certain goods and services, warranties that services will be rendered with due care and skill. I agree that these provisions do not apply to this agreement, to the extent that they can be excluded insofar as they relate to liability for death, personal or mental injury. In particular: 

1. a. the application of sections 60 and 61 of the Australian Consumer Law (Victoria)and the provisions of the Australian Consumer Law and Fair Trading Act 2012 (Vic) are excluded and all rights under the relevant provisions are excluded and all liability of Mt Buller is excluded in relation to the supply of recreational services under this agreement to the extent the exclusion, restriction and modifications is limited to liability for death or personal injury. 
2. b. I acknowledge that mountain biking constitutes a recreational activity within the meaning of section 139A of the Competition and Consumer Act 2010 (Cth) and section 22 of the Australian Consumer Law and Fair Trading Act 2012(Vic).

Release of Liability

I agree to waive any and all claims, and release Mt Buller and their respective affiliates, subsidiaries, employees, contractors and representatives (herein after ‘the releasees’), relevant land managers and mortgagees from any and all liability from loss, damage, expense or injury, including death that I may suffer as a result of mountain biking (or related activities) within the Mt Buller MTB trail network, or my use of the trails, due to any cause whatsoever, including but not limited to; negligence, breach of contract, or breach of any statutory or any other duty of care. I understand that negligence includes failure on the part of the releasees to take reasonable steps to safeguard and protect me from the risks, dangers, and hazards of using these facilities.

I agree to indemnify and hold harmless the releasees from any and all liabilities, claims or actions (including negligence) whatever or however caused arising as a result of or in connection with, directly or indirectly, my participation in mountain biking.

I HAVE CAREFULLY READ THE ABOVE LIABILITY RELEASE, UNDERSTAND ITS CONTENTS, AND AM AWARE AND AGREE THAT I AM RELEASING CERTAIN LEGAL RIGHTS THAT I OTHERWISE MAY HAVE.

Code of Conduct

Always RIDE IN CONTROL and ride within your ability level. Beware of changing conditions on trails and steep features, rugged terrain, changing weather conditions, mechanical failure of equipment and negligence or careless riding by other users on the trails. It is your responsibility to inspect features, including mountain bike trails, before using them. You assume all the risk of any injury and potential death that may occur when using the trails.

1. 1. Riders are personally responsible for ensuring that they have the physical capacity to complete the activity.
2. 2. Riders MUST NOT utilise any trails while under the influence of drugs or alcohol. Mt Buller reserves 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.
3. 3. All riders under the age of 12 must be accompanied by a parent or guardian at all times.
4. 4. Australian standards approved helmets MUST be worn on the trails at all times.
5. 5. Closed toe footwear and upper and lower body clothing MUST be worn at all times.
6. 6. Mt Buller STRONGLY RECOMMENDS the use of a full-face helmet and additional protective equipment. This may include but is not limited to; knee and elbow protection, chest and back protection, gloves, eyewear and neck braces.
7. 7. Riders MUST NOT attempt any trail unless they have the ability to do so. All trails MUST be firstly ridden slowly to allow inspection of trail conditions prior to increasing rider speed. All riders must ride in control and ride within their ability at all times.
8. 8. Riders are responsible for their own equipment and must ensure that their equipment is in good operating condition.
9. 9. Riders MUST obey all trail closures, at all times.
10. 10. Mt Buller reserves the right to revoke passes and/or refuse entry to any trail user.