General Terms And Conditions, Release Of Liability, Waiver Of Claims, And Assumptions Of Risks (Last updated 14/5/24).

This Is A Legal Document – READ CAREFULLY!

 

Mountain biking carries inherent risks that could lead to severe injury or death.

Hidden Vale Adventure Park is a gravity-based bike park, where trails and features may present greater challenges compared to typical mountain bike trails.

By signing this agreement, you are relinquishing certain legal rights, including the right to file a lawsuit or seek compensation in the event of an accident.

This Release Agreement covers all activities related to “mountain biking,” including the use of Hidden Vale Adventure Park trails and facilities, equipment rentals, uplift services, guided rides, and coaching sessions.

 

GENERAL TERMS AND CONDITIONS

  1. Engaging in mountain biking entails inherent risks. At Hidden Vale Adventure Park, you’ll encounter steep trails, both avoidable and unavoidable obstacles, trail edge hazards, and variable trail and weather conditions. Despite all safety measures and protective gear, the risk of serious injury or fatality persists.
  2. Riders are responsible for ensuring they possess the physical capability to participate in the activity.
  3. Riders are strictly prohibited from using any trails or related infrastructure in the park while under the influence of drugs or alcohol.
  4. For users under 18 years old, a parent or guardian must sign this form, and they must accompany the minor at all times within Hidden Vale Adventure Park.
  5. Australian standards approved helmets must be worn by all park users at all times.
  6. Closed-toe footwear and appropriate upper and lower body clothing must be worn at all times.
  7. Hidden Vale Adventure Park strongly recommends using a full-face helmet and additional protective gear, such as knee and elbow pads, chest and back protection, gloves, eyewear, and neck braces.
  8. Riders must refrain from attempting any trail or feature unless they have the necessary ability to do so. Trails and features must be approached cautiously to assess conditions before increasing speed. All riders must maintain control and ride within their skill level at all times.
  9. Hidden Vale Adventure Park operates within specified hours as a private bike park facility. Use of the park outside of these hours is strictly prohibited.
  10. Park users are responsible for the condition of their own equipment and must ensure it is in proper working order.
  11. All park users must adhere to trail closures at all times.
  12. To prevent the spread of noxious weeds and plant diseases, all bikes must be thoroughly washed before entering and leaving the park.
  13. Minimum bike standards apply to trail and park users; all bikes must have at least two working disc brakes and front suspension. Bikes with a wheel diameter of 20″ or smaller are exempt from these requirements but must still meet minimum acceptable standards.
  14. Hidden Vale Adventure Park reserves the right to revoke passes and refuse entry to any park user, without providing a reason.

 

HIRE AND RENTAL

  1. Users renting bikes and related equipment accept responsibility for the equipment and agree to return it in the same condition it was hired.
  2. In case of any damage, loss, or destruction of equipment, the renter will be liable for all repair and/or replacement costs.
  3. If opting for a damage waiver, it covers fair wear and tear and accidental damage. However, misuse of any kind will void the damage waiver.

RELEASE OF LIABILITY

To the extent permitted by law, neither Hidden Vale Adventure Park nor any of its related bodies corporate, directors, employees or agents accept any liability in contract, tort or otherwise for any injury, damage, loss (including consequential loss), delay, additional expense or inconvenience caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of third party providers over whom we have no direct control, force majeure or any other event which is beyond our control or which is not preventable by reasonable diligence on our part. Under circumstances where our liability cannot be excluded and where liability may be lawfully limited, such liability is limited to the remedies required of us under applicable law (including the Australian Consumer Law). This liability clause is subject to your rights under the Australian Consumer Law and nothing in these terms and conditions is intended to limit any rights you may have under the Competition and Consumer Act 2010 (Cth).

 

To: Spicers Hidden Vale, THRL Pty Ltd, Hidden Vale Adventure Park (HVAP), HVAP Pty Ltd, Epic Events Management and their officers, employees, volunteers, agents and contractors, and public bodies, land holders and sponsors associated (collectively referred to as “HVAP”).

I understand and accept that use of the mountain biking trails at Hidden Vale Adventure Park (trails) will include dangerous recreational activities and that there is an obvious risk that I may suffer an injury, loss or damage as a result of participation in use of the trails whether riding, walking, running or other. I hereby acknowledge and confirm that I freely assume all such risks even if arising from the negligence of “HVAP”, its employees or agents or others and I agree that I voluntarily participate at my own risk and assume sole responsibility for injury, death or property damage I may suffer that arises from my participation in use of the trails. I agree to follow the directions of any representative of “HVAP” and acknowledge that any inappropriate behaviour on my part including any refusal by me to follow any such direction can result in the cancellation of my authority to use trails. I agree that I am responsible for the bike I use while on the trails, whether it is my bike or a bike I hire. I agree that I am solely responsible for my own actions while on the trails appreciate the inherent dangers and risks, including real risk or injury or death.

I, hereby agree to indemnify, release and hold harmless and agree not to sue “HVAP” or Other participants on the trails with respect to any personal injury or property damage I may suffer as a result of my use of the trails, whether caused by the negligence of “HVAP” or otherwise. Further I agree to indemnify and hold harmless “HVAP” against any losses, costs, claims, damages, expenses, liabilities, proceedings or demands which any of them may directly or indirectly incur or suffer as a consequence of any breach by me of my obligations as a user of the trails. I understand the nature of the trails and hereby represent to “HVAP” that I am suitably experienced to participate in such activity, am in good health and a good state of fitness. I further warrant that I am not aware of any medical condition which might be aggravated by use of the trails.

I confirm: (a) I have had sufficient opportunity to read this form, fully understand its terms and acknowledge that I have given up substantial legal rights by signing it and confirm I have signed it freely and voluntarily without inducement of any kind; (b) I understand that if I agree to this Release it may be used as a bar against any claim which I or my heirs, next of kin, executors, administrators, assigns and representatives may have against “HVAP”; and (c) I am not relying on an oral or written representation or statement made by representatives of “HVAP” about the activity.