PLEASE READ CAREFULLY: This document outlines important information about your rights, obligations, and potential risks. By signing this two-page agreement or completing payment, you acknowledge and agree to these terms and conditions.
RISK WARNING
I am aware that by my participation in any activities arranged by Penola Coonawarra Caravan Park, certain risks or dangers may occur which could include:
Physical, bodily or psychological injury or death.
- Physical exertion to which I am not accustomed.
- Failure of equipment or use of inadequate equipment.
- There may be no or inadequate facilities for treatment or transport to treatment if I am injured.
- The conditions in which the activities are conducted may vary without warning.
- I may cause injury to other persons and/or other persons may cause injury to me.
- I may be injured or die due to the negligence, breach of contract or breach of statutory duty or guarantee of Penola Coonawarra Caravan Park.
I acknowledge that the activities are being undertaken for the purposes of recreation, enjoyment or leisure, and involve a significant degree of risk of physical harm.
I acknowledge that the Activity may be undertaken with one or more other persons as part of a group and that Penola Coonawarra Caravan Park is not liable for the actions of other participants in the group activity.
By signing below, I acknowledge, agree and understand that the risks associated with the Activities and/or recreational services have been explained to me. I undertake any such risk voluntarily and at my own risk.
PARTICIPANT'S WARRANTIES
I agree to abide by any of Penola Coonawarra Caravan Park's rules, and any direction or instruction given to me by Penola Coonawarra Caravan Park during the course of the Activities. I agree to use and/or wear any equipment given to me by the Penola Coonawarra Caravan Park.
I declare that I am medically and physically fit and able to participate in the Activities. I acknowledge that I must, and agree that I will, disclose any pre-existing medical or other condition, injury or concern that may affect the risk that either I or any other person will suffer injury, loss or damage during the course of the Activities and notify Penola Coonawarra Caravan Park of any injuries, illness or concerns that may arise during the Activity. I will not engage in any reckless, negligent or foolish behaviour or any other behaviour that is likely to cause injury to me, any other participant or person.
I agree that if I suffer any injury or illness, Penola Coonawarra Caravan Park may provide evacuation, first aid and/or medical treatment at my expense and that my acceptance of these terms and conditions constitutes my consent to such evacuation, first aid and/or medical treatment.
I declare that I have not consumed any alcohol or mind altering substance, or medication that may impact my judgement or physical capacity, before or at the time of engaging in the Activities.
EXCLUSION OF LIABILITIES
I agree to and unconditionally release, waive, discharge and forever hold harmless, Penola Coonawarra Caravan Park Managers or any of its employees, agents, directors or officers, from any claims as a result of any personal injury sustained, whether caused by the Provider’s negligent act or wilful act or omission, breach of contract, breach of statutory duty, error, or otherwise in connection with or arising out of the Activities.
I agree that Penola Coonawarra Caravan Park will not be liable for any claims for personal injury that may be brought against it as a result of or in connection with any act, omission, default, failure or error on the part of the Park Management, and agree to indemnify and keep indemnified Penola Coonawarra Caravan Park in respect of any such claims.
WAIVER
It is possible for a supplier of recreational services to ask you to agree that the statutory guarantees under the Australian Consumer Law (which is schedule 2 to the Competition and Consumer Act 2010 (Cth)) do not apply to you. If you sign this form, you will be agreeing that your rights (or the rights of a person for whom or on whose behalf you are acquiring the services) to sue Penola Coonawarra Caravan Park in relation to the Park's services or the activities that you undertake because the services or activities provided were not in accordance with the guarantees are excluded, restricted or modified.
RENTAL AGREEMENT
1. Inspection and Condition: Customers must inspect the eBike and confirm it is in satisfactory condition for use before leaving the Penola Coonawarra Caravan Park premises or a designated drop-off point.
2. Responsibility: Customers accept full responsibility for the care of the eBike during the rental period.
3. Instructions and Safety: Necessary usage instructions, including wearing a helmet, will be provided. Customers confirm they understand these instructions.
4. Helmet Use: A helmet will be provided, or customers may use their own. Helmets must be worn as required by South Australian law. Customers assume responsibility for any consequences of not wearing a helmet.
5. Safe Riding: Customers agree to adhere to road rules and avoid reckless or dangerous behavior.
6. Return Condition: eBikes must be returned in the same condition as provided, barring reasonable wear and tear.
7. Damages: Customers are liable for the cost of repairing or replacing any damaged parts, components, or the eBike itself if it is returned in a damaged condition.
8. Exclusions: Wear and tear do not include bent rims, damaged frames, or other misuse-related damages.
9. Timely Return: eBikes must be returned on time as agreed. Late returns incur hourly charges.
10. Identification and Payment: Customers must provide a valid driver’s license or passport and credit card details. A $100 holding charge applies and will be released upon the safe return of the eBike.
11. Loss or Theft: Customers are responsible for reimbursing the full cost of the eBike and accessories if lost or stolen during the rental period. Locks are provided for security.
12. Alcohol Consumption: Customers must not consume alcohol before or while riding. They accept full responsibility for any injury, damage, or loss resulting from alcohol consumption.
Minimum Age Requirement
- Riders must be at least 16 years old to hire and operate an eBike.
- Riders under the age of 18 must have parental or guardian approval.
By signing this waiver, I confirm that I meet the minimum age requirement or have received the necessary parental or guardian approval.
CANCELLATION POLICY
1. Cancellation Fees: A 20% cancellation fee applies for cancellations made within five days of the rental date.
2. No Refunds: No refunds are provided for cancellations within 48 hours of the rental date.
3. Amendments: Rental dates and times can be amended without charge up to 48 hours before the scheduled rental.
4. Changes or Cancellations by Penola Coonawarra Caravan Park: We reserve the right to modify or cancel reservations. In such cases, customers will be notified and offered a rescheduled booking or full refund.
ASSUMPTION OF RISK STATEMENT
1. Acknowledgment of Risks: Customers understand that eBike riding involves inherent risks, including potential injury, death, or property damage.
2. Physical Fitness: Customers confirm they are in good physical health and capable of safely operating an eBike.
3. Health Conditions: Customers affirm they have no medical conditions that could impair their ability to ride.
4. Risk Acceptance: Customers voluntarily assume all risks associated with eBike rental and riding, including injuries or property damage.
Declaration and Signature:
I have read carefully and understand this risk warning and waiver of liability and sign it feely and voluntarily without inducement of any kind.
For Participants under age 18:
This is to certify that I, as a parent/guardian with legal responsibility for the Participant, acknowledge, understand and accept all of the above and consent to his/her release as provided above. I release and agree to indemnify and hold harmless Penola Coonawarra Caravan Park from any and all liabilities arising from my minor child’s involvement or participation in the Activities and/or recreational services, even if arising from the negligence of the Provider.