Sign the waiver here:
LINGA LONGA BIKE PARK
RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND ASSUMPTION OF RISKS AGREEMENT (hereinafter referred to as the “Agreement”).
BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT, EVEN IF YOU THINK IT IS NOT YOUR FAULT. PLEASE READ THIS AGREEMENT CAREFULLY!
In this Agreement:
Adapta Holdings Pty Ltd means Adapta Holdings Pty Ltd (ACN 155 747 970) trading as Linga Longa Bike Park, and all of its successors, assigns, affiliates, subsidiaries, employees, and representatives.
Bike Park means Linga Longa Bike Park and all machinery and equipment whatsoever (including but not limited to all vehicles, bikes, Shuttles and Trails) at the corner of Cassia Road and Southampton Road, Balingup, Western Australia.
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 the use of any part of the Bike Park and its related facilities and all mountain biking activities including but not limited to guided descents, clinics, and competitions.
Shuttles means the shuttle service for bikes and riders provided at the Bike Park.
Trails means any path, track or unpaved lane or road in the Bike Park, including but not limited to shared-use paths for commuting, off-road cross country trails and downhill mountain bike trails.
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 in the Bike Park;
iv. Inherent risks of Mountain Biking include impact or collision with other users of the Bike Park, other bikes and vehicles, and becoming lost or separated from the guides or other users of the Bike Park; and
v. Full face helmets are mandatory at the Bike Park. Other mountain biking protective gear is strongly recommended to be worn.
I will report to employees of Adapta Holdings Pty Ltd any changes in trails or hazards I see, and I will render support and organize help for any injured user of the Bike Park.
I understand wild and farmed animals frequent the Bike Park 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 Park and all behave unpredictably.
Adapta Holdings Pty Ltd provides a shuttle service for your bike and to riders. While all reasonable care is taken, I acknowledge and accept that Adapta Holdings Pty Ltd takes no responsibility for damage caused to myself or my bike while using the shuttle service. I take full and sole responsibility for the security and protection of myself and my bike on the shuttle service.
While using the shuttle service at the Bike Park I acknowledge and accept that I will wear seat belts (where available) in vehicles.
In the event that I am injured at the Bike Park (for example, riding a bike, walking, spectating, volunteering, or participating in an event) I acknowledge and accept that Adapta Holdings Pty Ltd will provide limited first aid support. In the event that Adapta Holdings Pty Ltd 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 the Bike Park.
I acknowledge Adapta Holdings Pty Ltd does not provide service or setup information for my bike.
RELEASE OF LIABILITY
As a potential user of the Bike Park, I acknowledge and accept that usage of the Bike Park 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 Adapta Holdings Pty Ltd.
Adapta Holdings Pty Ltd shall not be liable to me or any third party in contract, tort, warranty, strict liability, statute or any other legal theory for any direct, indirect, consequential, incidental, punitive or exemplary damages, or for any claim for loss of profits. I expressly acknowledge that, to the maximum extent permitted by law, the entire risk arising out of my use of the Bike Park remains with me. Adapta Holdings Pty Ltd is not liable for any loss or damage whatsoever suffered by me or any other third party.
I agree to waive any and all claims and to release Adapta Holdings Pty Ltd from any and all liability from any loss, damage, expense, or injury, including death, that I may suffer as a result of using or being in the Bike Park, 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 Adapta Holdings Pty Ltd. I understand that negligence includes failure on the part of Adapta Holdings Pty Ltd to take reasonable steps to safeguard or protect me from the risks, dangers, and hazards of using the Trails, Shuttles, and the Bike Park.
I indemnify and hold harmless and shall continue to indemnify and hold harmless Adapta Holdings Pty Ltd for any and all losses, claims, liabilities, damages, costs, and expenses (including all legal fees and costs and any other legal or other expenses incurred by it in investigating or defending any action or threatened actions) relating to my use of the Bike Park.
I agree that Adapta Holdings Pty Ltd may plead this agreement as a bar to any relevant Claims.
PRINT NAME: _______________________________________________________
“I, (full name of parent/guardian)____________________________ the legal parent/guardian (strike out as necessary) of the minor (full name of minor)_________________________________(“the Minor”) acknowledge that I have read and understood the above waiver and hereby accept full liability for all of the obligations contained herein on behalf of the Minor.
Parent/Guardian’s signature: _________________________
Parent/Guardian’s address: __________________________
Parent/Guardian’s phone number and email: _________________
Parent/Guardian’s Relationship to the Minor: _________________
Day passes purchased will be delivered on the advertised or agreed date. Clothing purchased can be collected at a Linga Longa Bike Park ride day or will be delivered to the purchasers specified delivery address via Australia Post.
No refunds acceptable.
Adapta Holdings Pty Ltd and its related parties including Linga Longa Bike Park. The Company is committed to ensuring your personal information is protected. The Company understands and appreciates you are concerned about your privacy and about the confidentiality and security of information we may collect about you. It will explain how we manage your personal information.
The information we collect about you
The types of personal information we collect about you will depend on what services you use or products you acquire. This may include collecting your name and address, your email address, your contact address, credit card details, payment and transaction details/history and, where you have the option to comment on our services or products, whatever other information you choose to supply to allow us to provide products and services to you. This may include using our website , submitting survey forms, entry forms (competitions or events), medical release forms, accident report forms or having verbal conversations with our staff.
How personal information is collected and held
We may collect your personal information in relation to your interactions and transactions with us. This includes; purchasing lift tickets or accommodation through using our online services; participating in a promotion, competition, or survey; using your number or associated identifiers such as payment cards; registering for services; using related digital services. We hold personal information electronically and in hard copy form, both at our own premises and with the assistance of our third party service providers.
How we use your information and who we may disclose it to
The information that we collect from you is strictly confidential. We do not sell, rent, loan, trade or lease the addresses stored in our database to any unrelated third parties. The Company uses the information you provide to us to help you access the services or acquire the goods that the Company provides more easily. We also use personal information to administer, improve our products and services and tailor them to your interests. We may also send you marketing material about products and services we believe are suited to you and your interests and communicate with you using social media channels and platforms. If you do not wish to receive any of this material you may simply choose “unsubscribe from our mailing list or contact us using the details below, and no further material or communications will be sent to you.
The Company engages certain trusted third parties (including data hosting and processing companies, and information technology providers and operators of social media channels and platforms) to help us provide, improve and promote our services and communicate with our customers. These third parties may be located in Australia and the United States of America. We take steps to ensure that our service providers are obliged to protect the privacy and security of your personal information and use it only for the purpose for which it is disclosed.
In providing us with your personal information, you consent to this disclosure. The Company will not disclose your personal information for purposes or to parties other than those outlined above without your consent.
User generated content
If you post reviews or comments on the site, you grant the Company and its affiliates a non-exclusive, royalty free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such reviews and comments throughout the world in any media. You also grant the Company and its affiliates and sub licensees the right to use the name that you submit with any review or comment, if any, in connection with such review or comment.
From time to time, the Company will conduct competitions on its website. When these competitions are run, you may also be given the choice of being on a mailing list to receive further contact from us. Unless you choose to receive further communications from the Company, the information we collect from your entry in the competition is not used for any purposes other than the competition.
Links to other websites
Storage and security of your personal information
Any personal information that we collect about customers, including email addresses, will be kept in the Company’s database. The database will be accessible only by those authorised to perform normal daily tasks such as updating addresses and renewing membership. The Company will take all reasonable precautions to protect the personal information it holds from any misuse, loss, unauthorised access, modification or disclosure.
The internet is not a secure environment. If you use the internet to send us any personal information, the Company will not be liable for events arising from unauthorised access to your information.
Access to your information
You have a right to access and correct most of the personal information we hold about you. If you wish to have access to or correct your information, please send us an email or letter at the addresses provided below. If the Company does not allow you to access or correct your personal information we will provide you with the reasons for our decision.
Accuracy of your information
Once we receive personal information from you, we take all reasonable steps to ensure that all the information we collect, use or disclose us accurate and up to date. If you think that any of your personal information held by us in inaccurate, please send us an email or letter at the addresses provided below and we will take reasonable steps to ensure that it is corrected.
or by mail addressed to:
PO BOX 40 Walliston WA 6076