MEMBERSHIP AGREEMENT
Mystic is a shared space. Please respect our forest that belongs to HVP Plantations, our trails built and cared for by the Alpine Cycling Club, our forestry workers and park staff, our Launch-mates the North East Victoria Hang Gliding Club, other park users, and our neighbouring residents who live in the foothills. By entering this space, you agree to follow the following code of conduct.
Agreeing to this the waiver is required in order to access Mystic Park in
any recreational pursuit with the consent of the land owner.
Using the park for recreational purposes, without agreeing to this waiver will be
considered trespassing.
RISK WARNING, WAIVER TO SUE AND TERMS OF USE:
1.
You acknowledge that recreational activities on ACP-managed property, including but not limited to, mountain bike riding, paragliding, hang gliding, trail running and hiking, are dangerous with many risks and hazards. As a consequence, personal injury (including serious personal injury) and sometimes death can occur and you assume and accept all such risks and hereby waive the right to sue ACP, HVP or its agents for any personal injury or death suffered by you in any way whatsoever caused by or arising from your use of Mystic Park.
2.
WARNING: If you participate in these activities your rights to sue ACP, HVP or its agents under the Australian Consumer Law & Fair Trading Act 2012 if you are killed or injured because the activities were not supplied with due care and skill or were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in this form. 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 the supplier's 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. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
3.
You must comply with the Mystic Code of Conduct and all signs or other directions of ACP, HVP or their agents. They may suspend or cancel your Membership and access to Mystic Park in their absolute discretion for non-compliance with the Code, these Conditions, or for reckless or careless conduct.
4.
You must carry your Mystic Membership Pass on your phone which must be
accessible at all times during use of Mystic Park. Your pass must be presented to
ACP or its agents upon request.
5.
No Mystic Membership can be resold, transferred or altered in any manner. They are valid only for the dates purchased. ACP will not refund or replace any Membership if you suffer any illness or injury or if the Park is closed for any reason.
6.
These conditions may be varied from time to time. The variations will be displayed on
signs at the Park and posted on ACP’s Websites.
7.
A complete waiver, which fully outlines the extent of the release of liability, is
available on the link above.
8.
These conditions are to be governed by and construed first in accordance with the laws of the Commonwealth of Australia and secondly in accordance with the laws of the State of Victoria. If there is any inconsistency, the laws of the Commonwealth prevail. The courts of Victoria have exclusive jurisdiction. If any provision is determined to be void, illegal, invalid or otherwise unenforceable it shall be deemed to be deleted and the remaining provisions shall remain and continue to be valid, binding and enforceable.
Mystic Park Membership Agreement | Version 22.1 - September 2022