I understand that for myself, named above to participate in Warrandyte Mountain Bike Club Inc social rides I must:
- Be a member of Warrandyte Mountain Bike Club Inc or and registered guest
- Ride a well-maintained mountain bike and wear an Australian standards certified helmet that is free of any cracks/damage.
- Carry a full water bottle.
- Obey the instructions of the ride leaders and obey all road rules.
- Be respectful to the ride leaders, and other riders in the group.
WAIVER section
TERMS and CONDITIONS including ASSUMPTION OF RISK AND WAIVER OF LIABILITY
Please read carefully and click the agreement checkbox
“Organiser” means Warrandyte Mountain Bike Club Inc, it’s executive 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/MTBA insurance policy.
"Cycling Activities" means performing or participating in any capacity including but not only as a Member in any authorised or recognised Organised 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 agree that I will, disclose any pre-existing medical or other condition that may affect the risk that 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, the riding of jumps, berms, drops, hills, difficult terrain, unexpected obstacles, varying trail conditions, creek crossings, rock gardens. I recognise the possibility of collisions and contact with other participants and pedestrians, the remoteness of the areas in which an event takes place, sudden and unexpected changes in weather, the possibility of snake and insect bites, the 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 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.
5. In consideration of the organiser accepting my entry I:
a. 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
b. I 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.
6. 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.
7. 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.
8. To the extent permitted by law, I acknowledge and agree that all warranties, covenants and stipulations implied by law are hereby excluded.
9. I agree to report any accidents, injuries, loss or damage which I suffer during any Cycling Activities to the Organiser before I leave the relevant venue.
10. 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
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.
Rider Insurance
Warrandyte Mountain Bike Club Inc recommends that members join Auscycling. A lifestyle membership https://www.auscycling.org.au/membership/lifestyle ($85 for U19s & 65+, $115 Adults in 2022) includes personal accident insurance and third party public liability insurance. If you race your mountain bike then WMTB club recommends that you purchase a Race membership. If you do join Auscycling, you will be prompted to select a club and will pay for your club fees via AusCycling ($30 child, $40 Adult in 2023), this means you will not need to join via our club website. If you happen to have joined the club direct and via AusCycling, please send an email to contact@warrandytemtb.com.au and we can arrange a refund.
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.
