Packs N Pedals Release of Claims, Waiver of Liability, Assumption of Risk and Terms & Conditions

This is not a learn to ride tour, you must be able to ride a mountain bike on an undulating surface.

1.0 GENERAL

1.1 Packs N Pedals supplies the bike hire and shuttle service subject to these T&C’s.
1.2 You must follow all traffic rules, road rules and Queensland National Park visitor guidelines. Our services are conducted in protected environments. Please familiarise yourself with the “Leave No Trace” principles and embody these principles whilst engaging in the activity.
1.3 Children under 18 years of age must be accompanied by a parent or guardian.
1.4 You must follow all instructions and safety procedures given by Packs N Pedals Staff, its agents, and affiliates throughout the bike/hike tour.
1.5 You must remain in control of your bike at all times and ride within your abilities. You must also understand and take full responsibility for the risks which come with the physical exertion required while on bike/hike tour.
1.6 You consent to Packs N Pedals collecting photographic images and video footage taken of you while participating on the Hire & Shuttle Service and that Packs N Pedals may use photographic images and video footage in Packs N Pedals promotional and advertising material.
1.7 For your own safety you must wear closed toed shoes, a helmet and protective eye wear such as sunglasses, prescription glasses or safety glasses while riding a bike.
1.8 You agree not to drink alcohol or use other drugs before or while on tour. If you are impaired, we reserve the right to cancel your participation in the tour.
1.9 You may encounter wildlife whilst participating in Bike Hire/Shuttle Services. Please do not approach or interact with wildlife. Safely stop your bike and slowly retreat to give the animal space.

2.0 EXCLUSION OF LIABILITY AND WAIVER TO SUE US

2.1 Packs N Pedals uses great care to ensure that its bike/hike tours are safe, however you acknowledge and agree that bike/hike tours can be dangerous and include inherent risks and hazards. As a result, personal injury (including serious personal injury) and sometimes death can occur.
2.2 You assume and accept all risks and waive the right to sue Packs N Pedals, its owner, its employees, its agents or affiliates for any personal injury, death or property damage suffered by you caused by or arising from your, other guests or Packs N Pedals participation or negligence on the bike/hike tour.
2.3 You must sign a Release of Claims, Waiver of Liability, Assumption of Risk and Terms & Conditions Form prior to the start of the tour. If you do not sign the Form, you cannot partake in the bike/hike tour.
2.4 Packs N Pedals are not liable to you for personal injury, death or property damage suffered by you due to your participation on the bike/hike tour.



3.0 ACKNOWLEDGEMENT, WARRANTIES, AND INDEMNITY

3.1 You acknowledge and warrant to Packs N Pedals: (a) that each person you make a booking for has agreed to the T&C’s; (b) if you have any health issues prior to the bike tour, you have sought appropriate medical advice and clearance; and (c) I also declare that I do not have any fitness, medical or physical conditions that would affect my participation in the activity. I will advise the tour guide of things such as asthma, previous broken bones, dislocated joints, diabetes, allergic reactions, wear contact lenses/hearing aids, any disabilities, etc).
3.2 You acknowledge tours take place in remote and difficult to access wilderness areas and warrant to Packs N Pedals that in case of an emergency, you authorise Packs N Pedals to arrange medical or hospital treatment (as deemed necessary) and you agree to pay for all the associated costs.
3.3 You indemnify Packs N Pedals against any loss or damage suffered by Packs N Pedals to the extent that the loss or damage is caused by any negligent or illegal act or omission by you.
3.4 You agree to pay for all damage expenses, and it is your responsibility to pay Packs N Pedals for all reasonable repair expenses or the complete replacement cost of any damage to the Bike or Equipment you used while on tour (whether due to loss, accident, theft, or any other reason). If you are bringing your own bike (“BYOB”) ensure that your bike is well serviced with good brakes etc. Replacement cost of Equipment varies from $50 to $200, complete Bike or Bike Part varies from $50 to $6,000.

4.0 LIMITATION OF LIABILITY

4.1 To the extent permitted by law, all guarantees, warranties, and conditions other than those specified in these T&C’s are excluded.
4.2 To the extent permitted by law Packs N Pedals will not be liable in any circumstance: (a) for any personal injury or damage to property of any kind resulting from your negligence, default under these T&C’s, or illegal act during your participation on the bike/hike tour; (b) any loss of or damage to your property (including but not limited to, your luggage); and (c) any consequential loss suffered by you; and
4.3 Packs N Pedals total liability to you for all claims arising out of this agreement is limited to an amount equal to the monies Packs N Pedals have received from you.
4.4 If you fail to comply with all Packs N Pedals instructions, road rules, applicable laws and regulations, Packs N Pedals may expel you from the bike/hike tour and Packs N Pedals will not be liable to refund you the bike/hike tour price. If tour operations have been significantly effected, you will be liable to pay for the full tour value refund to all other guests.

5.0 CANCELLATION & VARIATION

5.1 If you fail to arrive at the commencement of the bike/hike tour, we may cancel your booking and retain any payments made by you.
5.2 If you cancel your bike/hike tour, you will be entitled to a refund provided at least 48 hours’ notice is given. Failure to provide the required notice will result in forfeiture of any payments made by you.
5.3 We endeavour to ensure every tour goes ahead; however, we reserve the right to cancel a tour at any time prior to the commencement of the tour due to circumstances beyond our control.
5.4 If we cancel your booking and/or the tour prior to commencement for any reason other than that of you not arriving prior to the commencement of the bike/hike tour, we will refund you all the money you have paid us.
5.5 We require a minimum number of bookings to operate. In the rare event of minimum booking numbers not being meet or any event beyond our control occurs (for example fire, severe weather, or trail closures) we may to the extent permitted by law, either: vary the tour; or cancel the tour and refund you any payment received by us.
5.6 In the rare event of bad behaviour or inability to follow guides instruction causing damage to equipment, unsafe operation or interruption to the tour, Packs N Pedals reserve the right to cancel the tour with no refund and you will become liable to pay the full tour value refund of other guests effected, where fair and necessary.
5.7 We may vary the tour at our discretion for any reason prior to and during the tour and we will not be liable to refund you any payment received by us on account of the tour price.


6.0 Acknowledgement

By signing this form, you agree to have read this form and to the forfeiting of substantial rights. You agree to participate in a bike/hike tour. You also agree to these release of claims, waiver of liability, risk of assumption and Terms & Conditions. You acknowledge that recreational activities and dangerous recreational activities including road cycling, mountain bike riding and hiking involve a significant risk of physical harm, including personal injury, permanent disability and/or even death. Such harm may result from your own actions, or the actions, omissions or negligence of others. You assume and accept all such risks and hereby waive the right to sue Packs N Pedals, its owner, its employees, its agents or affiliates for any personal injury, death or property damage suffered by you in any way whatsoever caused by or arising from your participation on the bike/hike tour.

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