Waiver and Assumption of Risk Form

Multilocus Interactive Pty Limited ACN 085 586 661 trading as Mulga Bicycle Tours (‘we’, ‘our’, and ‘us’) arranges fully supported multi-day cycling holidays (‘Tour’) throughout New South Wales, Victoria, South Australia, Queensland, and the Australian Capital Territory.

By attending a Tour, the participant (‘you’ and ‘your’) hereby affirms, acknowledges and agrees to our Terms and Conditions and the following.

1. You understand that during your participation in the Tour you may be exposed to a variety of risks and hazards, foreseen and unforeseen, which are inherent in each Tour and cannot be eliminated from the Tour due to the purpose and nature of the recreational and dangerous recreational activities (road cycling and mountain bike riding) contained in the Tour.
2. These risks include, but are not limited to:
1. property loss or damage;
2. being personally lost, trapped or separated from other participants; and
3. serious personal injury and death (‘Personal Injury’).
Please familiarise yourself with our Risk Warning which is accessible here.
3. You acknowledge and understand that Personal Injury can occur by natural causes, equipment failure, activities of other persons, animals, the natural environment, group members, Tour organisers or third parties, either as a result of negligence or because of other reasons.
4. You understand that you may have to exercise extra care for your own person and for others around you when engaging in any activities involved in the Tour, including travelling to and from a Tour start or end point.
5. You acknowledge and agree that prior to beginning the Tour, you will disclose any medical conditions or concerns to us that may impact your ability to participate in the Tour, and you understand that it is your obligation to seek out medical clearance from a lawfully certified medical practitioner. You further agree that you will not hold us liable for any reason, including Personal Injury, that arises where you have failed to disclose a relevant medical condition or concern prior to the Tour.
6. To the fullest extent permitted by law, you agree to waive and release us, our employees, representatives, and agents from any and all liability on account of, or in any way resulting from Personal Injury, only to the extent that such Personal Injury was not the result of our negligent act.
7. You further agree to hold harmless us, our employees, representatives and agents from any claims, damages, injuries or losses caused by your own negligence while participating in a Tour.
8. You acknowledge and agree that you will not consume any alcohol or mind altering substance, or medication that may impact your judgement or physical capacity, before or during the time of engaging in the Tour’s activities.
9. The assumption of risk contained in this Waiver is binding on your heirs, executors, administrators and assigns, and where not based in South Australia, includes any minors accompanying you on the Tour.

Your Rights Under the Australian Consumer Law

As a supplier of recreational services (as defined in each State and Territory), we are able to ask you to agree that certain statutory guarantees, specifically those set out in sections 51 to 62 of the Australian Consumer Law (along with others as prescribed in ‘Schedule 2’ of the Competition and Consumer Act 2010 (Cth)) do not apply.

10. Sections 60 and 61 of the Australian Consumer Law provide that, if a person in trade or commerce supplies you with services, such as the services provided by us, there is a statutory guarantee that those services:
1. will be rendered with due care and skill;
2. alongside any product resulting from those services, will be reasonably fit for the purpose of which the services are being acquired (as long as that purpose is made known to the supplier); and
3. alongside any product resulting from those services, will be of such a nature, and quality, state or condition, that they might reasonably be expected to achieve the result that the consumer wishes to achieve (as long as that wish is made known to the supplier or a person with whom negotiations have been conducted in relation to the acquisition of the services).

Important

11. You do not have to agree to exclude, restrict or modify your rights by signing this Waiver. However, we will refuse to provide you with the services contained in the Tour if you do not agree to exclude, restrict, or modify your rights by signing this Waiver. Please note that where you have signed this Waiver, you may still have further legal rights against us.
12. You acknowledge and agree that if you are making a booking for someone who is under the age of 18, or you are under the age of 18, you must ensure that you have obtained parental or guardian consent, as appropriate, and that the person who is under 18 is accompanied by a person over the age of 18 throughout the duration of the tour. A person under the age of 18 cannot legally agree to exclude, restrict or modify their rights, and consequently, signing this Waiver on behalf of a person under the age of 18 as a parent or guardian means that you understand and agree not to pursue us for the personal injury of the minor, unless the injury, loss or damage is caused by our gross negligence. You further understand and agree that if the tour or part of the tour is to be undertaken in South Australia, we will be unable to accept a booking made by or on behalf of a person under the age of 18.
13. We collect personal information, including sensitive information such as health data in accordance with our Privacy Policy, for the purpose of assessing and processing your booking, and conducting the Tour for you.

NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on our part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission.

By completing and signing below, you are agreeing to the terms set out in this Waiver, including agreeing to exclude, restrict or modify your rights under the Australian Consumer Law. You also acknowledge and agree that you have read the following documents in their entirety and freely and voluntarily assume all risks of Personal Injury and notwithstanding such dangers and risks, agree to participate in the Tour you attend under the Terms and Conditions.

Guest's Name and Address

If the Guest is under 18 years of age Parent / Guardian consent is provided by:

Parent or Guardian's Name and Address