COMPLETE WAIVER
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.
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012
If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 are excluded, restricted or modified in the way set out in this form, if you are killed or injured because the services provided were not in accordance with the statutory guarantees outlined below.
Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you-
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are rendered with due care and skill; and
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are reasonably fit for any purpose which you, either expressly or by implication, make
known to the supplier; and -
might reasonably be expected to achieve any result you have made known to the supplier.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the exclusion of these statutory guarantees is brought to your attention by 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.
MYSTIC PARK COMPLETE WAIVER
1. Definitions
In this Agreement:
ACP means Alpine Community Plantation Inc (ABN 44 137 694914) trading as Mystic Park, and all of its successors, assigns, affiliates, subsidiaries, employees, and representatives.
HVP means Hancock Victorian Plantations (ABN 20 084 801 132) as the manager of the land which Mystic Park is located on and all of its successors, assigns, affiliates, subsidiaries, employees, and representatives. HVP licences the management of recreational use to ACP.
Bike Park means Mystic Park and all machinery and equipment whatsoever (including but not limited to all vehicles, bikes, Shuttles and Trails) located on HVP managed land with its main entrance at Mystic Lane, Bright, Victoria, Australia.
Claims means any action, application, appeal, arbitration, cause of action, claim, complaint, cost, debt due, demand, determination, inquiry, judgement, 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.
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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.
2. Assumption of Risks
a. 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 highly recommended for trails accessed via shuttles including Hero and Shred Kelly’s Last Stand as well as any down hill trails at the Bike Park. Other mountain biking protective gear is strongly recommended to be worn.
b. I will report to employees of ACP any changes in trails or hazards I see, and I will render support and organise help for any injured user of the Bike Park.
c. I understand wild and farmed animals frequent the Bike Park and may pass through it without warning. For example, kangaroos, deer, snakes, wombats, foxes, rabbits and birds have all been seen in and near the Bike Park and all behave unpredictably.
d. ACP provides a shuttle service via commercial shuttle operators for your bike and to riders. While all reasonable care is taken, I acknowledge and accept that ACP and its shuttle operators take 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.
e. While using the shuttle service at the Bike Park I acknowledge and accept that I will wear seat belts (where available) in vehicles.
f. 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 ACP may not be able to provide first aid support. In the event that ACP 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.
g. I acknowledge ACP does not provide service or setup information for my bike.
3. Release of Liability
a. 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 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 ACP or HVP.
b. ACP or HVP 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. Neither ACP or HVP are liable for any loss or damage whatsoever suffered by me or any other third party.
c. I agree to waive any and all claims and to release ACP and/or HVP 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 on the part of ACP or HVP. I understand that negligence includes failure on the part of ACP and/or HVP to take reasonable steps to safeguard or protect me from the risks, dangers, and hazards of using the Trails, Shuttles, and the Bike Park.
4. Indemnity
a. I indemnify and hold harmless and shall continue to indemnify and hold harmless ACP and HVP 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.
b. I agree that ACP may plead this agreement as a bar to any relevant Claims.
Mystic Park Complete Waiver | Version 22.1 - September 2022