Mountain Bike / eBike hire
Terms & Conditions
MOUNTAIN BIKING IS A HAZARDOUS EXPERIENCE OR ACTIVITY WITH VARYING SURFACE AND ENVIRONMENTAL CONDITIONS. It is different from road bicycling in that it is done on partially improved and unimproved trails and roads, as well as on naturally rugged terrain.
In CONSIDERATION of receiving permission to enter locations from government authorities and/or private land holders, the undersigning/participant (hereinafter collectively “rider”), hereby releases, discharges and forever acquits Monkey Rock Mountain Bike Company (MR MTB Co), government authorities and/or landholders collectively and all respective officers, directors, servants, employees and agents of from any and all liability claims, demands, warranty, whether expressed or implied of MR MTB Co, government authorities and/or landholders and their respective officers, directors, servants, employees and agents, while on the locations and/or participating in the aforementioned activity.
This liability release shall be binding upon the assignee, distributees, heirs, next of kin, executors and administrators of the undersigned and may be pled by MR MTB Co, government authorities and/or landholders as a complete bar and defense against the claim, demand, action by or on behalf of the undersigned.
By execution of the liability release, the rider hereby acknowledges and expressly represents that:
- The rider is duly aware of the risks and hazards inherent upon participating in Mountain Biking at these locations.
- The rider acknowledges that they are physically and medically fit to be involved in the activity and will notify MR MTB Co immediately their fitness ability/limitation or adverse medical condition(s).
- The rider recognises that the locations may become more hazardous and dangerous during the time that the undersigned is present on the location.
- The rider agrees to operate the mountain bike only on allocated trails, pathways and roads.
- The rider agrees not to ride or place the mountain bike in inappropriate environments including rivers, inlets and sea water.
- The rider recognises that falls and collisions with pedestrians, trees, foliage, fauna including kangaroos, other mountain bike riders and vehicles do occur and assumes all risks and responsibility for such incidents and injuries.
- The rider understands that HELMETS ARE MANDATORY and agrees to wear an approved helmet at all times.
- The rider agrees and acknowledges that he/she will abide by road rules and at all times maintain appropriate behaviour.
- The rider must not use, or allow the bike to be used, for any illegal purpose of any kind;
- If the rider sustains any injuries as a result of any of the aforementioned risks and hazards, he/she AGREEs NOT TO SUE Monkey Rock Mountain Bike Company or any of the above named parties.
- The rider must not use the bike when it is damaged or unsafe. The rider will contact MR MTB Co. as soon as possible in such circustances.
- If you do not return the bike/equipment on the date and time as documented on the agreement, and have failed to contact MR MTB Co., MR MTB Co. may report the bike/equipment as stolen to the police; and you must pay MR MTB Co. all additional hire charges up to the time the bike/equipment is recovered by MR MTB Co.
- The rider is over 18 years of age and is of sound mind, or that if he/she is under 18 years of age, he/she is accompanied by a parent or guardian who is over 18 years of age and of sound mind who has read the foregoing liability release, understands it and signs it voluntarily. Furthermore, the oversigned being at least 18 years of age indemnifies the aforementioned entitles against any and all claims which may result from minor’s participation in the aforementioned activity.
- In exchange for and in consideration if the above named parties making the locations available to me, rider CONTRACTUALLY AGREES that any and ALL DISPUTES between myself and the above named parties arising from my participation in their events and INCLUDING any claims for personal injury and/or death, will be GOVERNED BY THE LAWS OF THE STATE and EXCLUSIVE JURISDICTION thereof will be in the state court residing in the district where the alleged tort occurred.
- This release shall be binding to the fullest extent permitted by law. In an event any section of the release is found to be unenforceable, the remaining terms shall be enforceable.
- I consent to the provision of any necessary medical treatment and agree to pay for any such medical treatment costs including transport by ambulance.
- Full permission is given to use any photographs or movies taken during this event for any purpose in promoting MTB, MR MTB Co and its events throughout Western Australia.
- I acknowledge that personal accident and liability insurance is not provided by MR MTB Co. The rider should consider their own financial circumstances and consider taking out private health insurance and/or income protection. The rider is responsible for paying any excess on a claim made under their personal accident or liability insurance policies.