terms & conditions

TERMS and CONDITIONS including ASSUMPTION OF RISK AND WAIVER OF LIABILITY

 

Organiser, MTBinParadise, its subsidiaries, its members (including, but not limited to, its affiliated State Constituent Associations as defined in the ACF constitution) and clubs affiliated with Constituent Associations, and their respective directors, officers, members, servants or agents. “Claim” means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising including but not limited to negligence BUT does NOT include a claim against the Organiser by any person entitled to make a claim under a relevant CA insurance policy. "Cycling Activities" means performing or participating in any capacity including but not only as a Member in any authorised or recognised Organiser activities.

NOTE: Section 74 of the Trade Practices Act (“Act”) implies a warranty of due care and skill into contracts for the supply of services to consumers, as defined in the Act. To the extent that the warranty applies to any contract relevant to the Release and Waiver of Liability, it cannot be excluded.

 

  1. I declare that I am medically and physically fit and able to participate in Cycling Activities. I acknowledge that I must, and I agree that I will, disclose any pre-existing medical or other condition that may affect the risk that either I or any other person will suffer injury, loss or damage.

  2. I acknowledge that the Organiser relies on information provided by me, and that all such information is accurate and complete.

  3. I acknowledge that Cycling Activities are inherently dangerous. I recognise that there are risks specifically associated with Cycling Activities which include, but are not limited to, collisions and contact with other participants, the remoteness of the areas in which an event takes place, sudden and unexpected changes in weather, physical exertion and difficulties in evacuation if I become disabled. I acknowledge that accidents can and often do happen which may result in me being injured or even killed, or my property being damaged.

  4. I understand and acknowledge the dangers associated with the consumption of alcohol or any mind-altering substance before or during any Cycling Activity, and I accept full responsibility for injury, loss or damage associated with the consumption of alcohol or any other mind-altering substance.

  5. I agree to follow any rules set by the Organiser in connection with any Cycling Activities. In particular, I have been advised to wear an approved helmet at all times during Cycling Activities. If I fail to comply with the ORGANISER’S rules and/or directions, I will not be permitted to participate or to continue to participate and no refund will be given.

  6. I have voluntarily read and understood these warnings and accept and assume all risks associated with my participation in Cycling Activities, including the possibility or injury, death, loss or damage.

  7. In consideration of the organiser accepting my entry I:

    1. release and will release the Organiser from all Claims that I may have or may have had but for this release arising from or in connection with my participation in Cycling Activities; and

    2. indemnify and will keep indemnified the Organiser to the extent permitted by law in respect of any Claim by any person arising as a result of or in connection with my membership or my participation in Cycling Activities.

  8. I further agree to indemnify and keep indemnified the Organiser against all Claims made by any other person against the Organiser in respect of any injury, loss or damage arising out of or in connection with my failure to comply with the Organiser's rules and/or directions.

  9. I agree and acknowledge that, to the extent permitted by law, the Organiser shall not be liable for any injury, loss or damage I suffer or by any other person arising from or in connection with my participation in the ride, whether such injury, loss or damage was caused directly or indirectly by the negligence of the Organiser or otherwise, or by the Organiser’s servants or agents.

  10. To the extent permitted by law, I acknowledge and agree that all warranties, covenants and stipulations implied by law are hereby excluded.

  11. I agree to report any accidents, injuries, loss or damage I suffer during any Cycling Activities to the Organiser before I leave the relevant venue.

  12. If I suffer any injury or illness, I agree that the Organiser 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

  13. Copyright and right to use image: I acknowledge and consent to photographs being taken of me by or on behalf of Organiser during my participation in the Event. I acknowledge that the photographs are owned by the Organiser and that the Organiser may use the photographs for promotional or other purposes without my further consent being obtained. Further, I consent to the Event organisers using my name, image, likeness and also my performance in the Event, at any time, to promote the Event by any form of media.

 

All of the above are bound by the policy and must comply with it.

 

EXCLUSION FROM THE EVENT

The Organiser reserves the right to exclude any entrant or participant from Cycling Activities, for reasons including but not limited to:-

  1. failing to comply with the Organiser's directions;

  2. failing to comply with MTBA Code of Conduct;

  3. failing to comply with MTBA Anti-Doping Policy;

  4. not being in the opinion of the Organiser in a fit state to participate;

  5. being un-financial or owing monies to MTBA unless an alternative arrangement has been made.

  6. for any reason determined by the Organiser, which determination shall be deemed reasonable.

 

I ACKNOWLEDGE THAT I HAVE READ THIS ASSUMPTION OF RISK AND THAT IT HAS BEEN EXPLAINED TO ME, AS REQUIRED. I FULLY UNDERSTAND ITS TERMS AND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT. I SIGNED THE DOCUMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT MADE TO ME AND INTEND MY SIGNATURE OR OTHER ACKNOWLEDGEMENT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

 

 

 

Booking Terms and Conditions

 

If you wish to book (“Booking”) a tour (“Tour”) with MTB in Paradise (“MTBinParadise”) then you (“the Customer”) agree that the following terms and conditions shall apply:

  1. Contract
    By using MTBinParadise.com.au or any affiliated website, you agree to be legally bound by the following Terms and Conditions, which shall take effect immediately. If you do not agree to be legally bound by all the following Terms & Conditions, please do not access and/or use MTBinParadise.com.au or an affiliated website. In all cases the person making the booking shall be deemed to have accepted these Terms and Conditions on behalf of all the other person(s) named in the booking and who partake in the booked tour(s).

  2. Our Service
    MTBinParadise through the information on our website aims to publish the most accurate, up-to-date information possible regarding costs, dates and times of the tours listed; this information is bound to change frequently. While MTBinParadise undertakes all efforts to update operator information as they occur this is not always possible as quickly as we would like. We therefore cannot guarantee the accuracy of this material and suggest that you use it as a guide only in making your selection.

  3. Accuracy of Information and Limitation of Liability

    1. MTBinParadise does not accept liability to the Customer (or any other person) for any act or omission including (but not limited to) any failure to provide the Tour, or any accident, loss or damage which the Customer or any other person might suffer as a result of the Tour and the Customer agrees to release and indemnity MTBinParadise from and against any such claim in that respect.

    2. MTBinParadise does not warrant or represent to the Customer that the Tour is suitable or fit for the Customer’s purpose or corresponds with any advertising of the Tour and the Customer agrees to make their own enquiries if required.

    3. In so far as MTBinParadise is unable by law or by statute to exclude its liability to the Customer then the Customer agrees that the liability of MTBinParadise to the Customer is limited to MTBinParadise providing the Tour (or a similar tour) again to the Customer.

    4. You the Customer will indemnify MTBinParadise if we suffer any loss or damage or incur any costs in connection with your breach of these terms and conditions or any other legal obligation by you.

    5. MTBinParadise has taken all reasonable care to ensure that the content of this site is correct, but all information is subject to change at any time without notice.

  4. Fees and Charges
    The Customer agrees to pay to MTBinParadise the advertised price (“Price”) for the Tour. There is currently no booking fee to place a Booking (“Booking Fee”).

  5. Tour Operator’s Conditions
    The Customer agrees to abide by all terms, conditions and directions of MTBinParadise in respect of the Tour including but not limited to:

    1. All matters regarding the conduct of the Tour such as safety, use of equipment, clothing, etc.

    2. Payment for the Tour — the Customer acknowledges and agrees that the Price charged by MTBinParadise for the Tour may be subject to changes.

    3. Cancellation Fees — If the Customer cancels or changes a Booking then the Customer agrees to abide by any cancellation or alteration policy which may include the payment of a charge for the cancellation or change. BUT the Customer agrees that notwithstanding any cancellation or refund policy MTBINPARADISE shall at all times be entitled to retain a deposit equivalent to 20% of the Price. In addition to this the Customer agrees to abide by the cancellation policies set out in Clause 6 Cancellations, Amendments and Refunds following.

  6. Cancellations, Amendments and Refunds

    1. Cancellation by you, the Customer — If you are not able to partake in a Tour on the date and time you have booked you should contact MTBinParadise as far prior to this date and time as possible. Cancellations shall be made in writing to MTBinParadise and will be in effect from the day MTBinParadise acknowledges receipt of your cancellation notice.  Below outlines the scale of charges for cancellations:

      1. Prior to 7 days before tour – 20% of purchase price

      2. 7 days or less before tour – 100% of the purchase price
         

    2. Upon tour commencement, no refunds will be provided including any unused portion of the tour.

    3. Cancellation by MTBinParadise (apart from weather) — In some cases MTBinParadise may make alterations to a tour date, price, inclusions, itinerary, minimum numbers, ages etc. MTBinParadise reserves the right to cancel, change, transfer or substitute any tour that you have booked, at any time and for any reason. If you choose not to accept the alternatives offered you will be entitled to a full refund. Notwithstanding the above, if we receive advance notice of a significant change to a tour, we will make a reasonable effort to communicate this to you and to facilitate an amendment of the booking.

    4. Cancellation because of Weather — If the Tour you have booked is unable to be taken because of weather, it may be rescheduled. You the Customer should make contact with MTBinParadise prior to the date and time of travel using the contact details provided on your booking confirmation to organise this. MTBinParadise will do all possible to reschedule the Tour to a date and time suitable to you the Customer. If the rescheduled date is not suitable you may be entitled to a refund.

    5. In some instances bank fees and exchange rates may mean the amount refunded is different to the amount originally paid for a tour, particularly in instances where a currency exchange is involved. MTBinParadise warrants it has no control over any bank fees or exchange rates and is unable to accept responsibility for any such discrepancies in refunded amounts.

    6. Gift vouchers are non-refundable.

  7. Insurance
    Some of the tours promoted by MTBinParadise may be potentially dangerous. Prior to making and paying for a booking you the Customer should be aware of this. You the Customer agree to be responsible for making independent enquiries with third parties regarding the need to acquire your own insurance coverage.

  8. Jurisdiction
    The Customer agrees that the terms of this agreement shall be governed by the laws of Queensland and any dispute shall be heard by the court of appropriate jurisdiction in Queensland.

© 2019 by MTB in Paradise

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