Copy of Agreement for Bike Tour Service, Bike Hire and Equipment Hire (Including Waiver of Liability)
KBL CLUD Pty Ltd (Trading as “KBL Bikes”) it’s employees, agents and affiliates are not liable for injuries sustained during participation in a KBL Bike Tour or other activities. KBL Bikes provide no warranties express or implied, and the Bike and Equipment is accepted “as is”. To ensure that the Bike and Equipment is used properly, and to ensure that Rider behaves responsibly, this agreement defines the Rider obligations made in exchange for Bike and Equipment hire from KBL Bikes.
The Customer (herein referred to as “I”, or the “Rider”, or the “Hirer”) and KBL CLUB Pty Ltd- ABN 73 634 428 176 (herein referred to as “KBL Bikes”) to the fullest extent permitted under Australian law.
The Rider agrees to this release of claims, waiver of liability and assumption of risk. In the event any section of the release is found to be unenforceable, the remaining terms shall be enforceable.
KBL Bikes owns and makes available for hire electric bikes (herein referred to as “Bike”) and biking equipment such as cycling helmets, gloves, hand pump, inner tubes, multi-tool and other gear (herein referred to as “Equipment”). RECREATIONAL ACTIVITIES (INCLUDING MOUNTAIN BIKING) INVOLVE A SIGNIFICANT RISK OF PHYSICAL HARM OR PERSONAL INJURY INCLUDING PERMANENT DISABILITY AND/OR DEATH TO PARTICIPANTS. ANY SUCH INJURY MAY RESULT NOT ONLY FROM YOUR ACTIONS BUT FROM THE ACTION, OMISSION OR NEGLIGENCE OF OTHERS;
- A) I am duly aware that bike riding is a potentially dangerous activity. I am aware that cycling is a recreational activity which may involve, in addition to usual and inherent risks, personal injury, obvious risk, danger to myself, the possibility of injury and harm and physical exertion for which I may not be prepared, remoteness to normal medical service, weather extremes subject to sudden and unexpected change and evacuation difficulties if I am disabled.
- B) I understand that HELMETS are mandatory and agree to wear an approved helmet at all times. Helmets necessary for each rider, but they do not eliminate all risk of injury in the event of an accident.
- C) I am the renter of the Bike and Equipment and will be responsible for damage to, or loss of, the Bike and Equipment. This Agreement is personal to me and shall not be assigned to any other person and no rental equipment may be lent, sub-rented, transferred or otherwise dealt with in any manner whatsoever. The Bike and Equipment at all times remains the exclusive property of KBL BIKES. I accept the Bike and Equipment for use “as is”, and accept full responsibility for the care of the Bike and Equipment. I agree to: (i) compensate KBL Bikes for its loss (up to the full reinstatement value of the equipment) if the equipment is not returned (whether due to loss, theft or any other reason) or if the equipment suffers abnormal damage during the period of rental, whether such damage occurred while it was in my possession or not; where the bike rented suffers damage from improper use (e.g. hire bike ridden on a technical downhill track, although not suitable), (ii) fully indemnify and keep indemnified KBL Bikes, it employees and agents from and against all claims, losses, expenses or damages which arise in any way in connection with the rented equipment, including loss, damage or injury to any other person (or their death); and (iii) pay a daily rental rate for all goods and equipment which is not returned at the end of the agreed rental period.
- D) I will at all times comply with the instructions and safety procedures of KBL Bikes, it’s employees or agents. I understand the importance of riding within my ability and will follow KBL Bikes guidance and directions. I agree not to drink alcohol or use drugs before or during KBL Bikes, activities or events.
- E) I agree to abide by the rules for nature protected areas, each riding trail, and to the Terms and Conditions instructed by KBL Bikes.
- F) I declare that I do not have any fitness, medical or physical conditions that would affect my participation in the activity. (e.g. please advise staff of asthma, previous broken bones, dislocated joints, diabetes, allergic reactions, wear contact lenses/hearing aids, any disabilities, etc.). I authorise KBL Bikes to arrange medical or hospital treatment as necessary and I agree to pay for all associated costs.
- G) I understand that during KBL Bikes, events or related activities I may be photographed. I allow my photo, video, or film likeness to be used for any legitimate purpose by KBL Bikes employees or affiliates. This includes publication to website, Facebook and other advertising.
I HAVE READ THE TERMS AND CONDITIONS ON THIS AGREEMENT AND VOLUNTARILY AGREE TO THE SAME.