Risk Disclosure & Terms and Conditions
We are delighted that you have chosen to join us on an adventure! Your safety is of utmost importance, and we want to ensure you have a fantastic experience. Please carefully read and understand our terms and conditions, as they include important information about the risks and responsibilities associated with your participation.
RISK DISCLOSURE
LIABILITY AND RESPONSIBILITY
New Zealand Mountain Biking Ltd provides a range of services to its clients which may expose them to risk of injury. We require all clients to READ, UNDERSTAND, and ACCEPT the following document outlining the terms on which we provide those services, the risks involved, and the legal limitations under which we provide them. We cannot and will not provide our services without your acceptance of these terms and conditions.
1. Mountain biking by its nature has an element of risk of injury (from minor to catastrophic), property damage, and even a possibility of death. I accept that it is neither possible not desirable to completely eliminate this risk, regardless of the care taken to manage it. I am voluntarily participating in these activities with knowledge of the danger involved, and agree to assume any and all of these risks including those posed by natural hazards in the environments in which the activities take place. These activities may include bike rentals, coaching, guided tours, shuttling, transfers, or other activities.
2. As such, by participating in a mountain biking activity I EXPLICITLY ACKNOWLEDGE and ACCEPT that this is NOT a risk free activity, and I acknowledge that participation will include performing mountain biking skills and techniques such as cornering, braking, jumping and other physically strenuous movements required to control a mountain bike, and that I will be undertaking these actions on a variety of surfaces including trails, roads, and man-made and natural trail features, and that any of these factors may further increase risks.
3. RISK MANAGEMENT: In order to reduce and manage risk of injury I commit to the following:
A. Follow the coach/guide/driver instructions at all times.
B. Follow all posted and/announced safety rules and all rules common to mountain biking.
C. Communicate with the coach/guide/driver: my current skill level, my comfort level throughout the course, my fears and concerns, my doubts over any step of the progression process, any reluctance I may have about progressing another step during the course.
D. Inform the coach/guide/driver of any pre-existing medical conditions or health issues before commencing the course, plus advise the coach of any change in my health status during the course. This includes any impairment by drugs, alcohol or fatigue.
E. Taking responsibility for having my bicycle in a condition to safely undertake the activity.
F. Wearing appropriate safety equipment throughout the course, including a helmet and shoes at all times, and acknowledge that I have been advised that wearing gloves, glasses, knee pads, elbow pads, and a full-face helmet could reduce risk or severity of injury.
G. Remain in control and within your ability level. I understand I must ride in a manner to be able to avoid other people or objects at all times.
4. MEDICAL HISTORY: I certify that: a) I possess a sufficient degree of physical fitness and health to safely participate in the coaching program/guided tour/mountain bike ride offered by New Zealand Mountain Biking Ltd, b) I understand that I am to inform the coach/guide/driver and discontinue the activity I feel undue discomfort or stress or diminished medical or health condition, c) If I know or suspect that my physical condition may not be compatible with these activities I will seek medical advice before undertaking them, c) I will indicate in writing below on this form any medical or health issues that might affect my ability to safely participate in this course, I also confirm that I accept the additional risks of participating in the activity with these conditions.
5. DAMAGE TO EQUIPMENT: I acknowledge that I am responsible financially for damage to equipment borrowed or rented from New Zealand Mountain Biking Ltd, including damage to vehicles or other assets caused by me.
6. EMERGENCY MEDICAL CARE: In the event of a medical emergency, I authorise and give my consent and permission to New Zealand Mountain Biking Ltd to provide any and all medical assistance, including but not limited to first aid, arranging treatment by medical personnel, physicians, nurses, or paramedics, and to authorize any emergency medical treatment. I further understand that in the event of a medical emergency I WILL BE FINANCIALLY RESPONSIBLE FOR ANY EXPENSES INCURRED.
7. INSURANCE: I understand that I am solely responsible for any medical, health or personal injury costs relating to my participation in New Zealand Mountain Biking Ltd’s programs. I acknowledge that I have been recommended to check that I have medical coverage for the activities I am undertaking as coverage of treatment under the Accident Compensation Act 2001 cannot be guaranteed.
8. IMPLICATIONS OF s 317(1) of the Accident Compensation Act 2001 (ACA) of New Zealand. The purpose of the accident compensation scheme in New Zealand is to abolish claims for personal damages in exchange for a social contract by which those who suffer personal injury receive a set of community-funded entitlements but in exchange they must relinquish their entitlement to sue for damages in respect of their injury. By this means the economic consequences of injury are spread across the community irrespective of where fault may lie. In simple terms this means that individuals who suffer accidents in New Zealand are legally precluded from pursuing claims for compensation for personal injury that occur in New Zealand.
9. I ACKNOWLEDGE that New Zealand Mountain Biking Ltd may take photos or videos of events, activities, clinics or coaching sessions I participate in, and I give permission to use any and all such material for marketing, advertising, website, social media or other purposes. We respect NZ privacy laws and any images posted online will be removed by request.
10. I agree as follows:
To undertake this activity at my own risk & assume all risk of personal injury & property loss or damage.
To waive any and all claims that I have or may in the future have against New Zealand Mountain Biking Ltd and its directors, officers, employees, instructors, guides, agents, representatives, volunteers, sponsors, independent contractors, subcontractors, successors and assigns and to release New Zealand Mountain Biking Ltd from any liability for any loss, damages, expense or injury including death that you may suffer or that your next of kin may suffer resulting from either your use or your presence at a New Zealand Mountain Biking Ltd course, or travel to or from such course.
To hold harmless and indemnify New Zealand Mountain Biking Ltd from any and all liability for any damage to property of, or personal injury to, any third party resulting from your use of, or presence at, a New Zealand Mountain Biking Ltd course, or travel to or from such course.
This agreement shall be effective and binding upon your heirs, next of kin, executors, administrators, assigns and representatives, in the event of your death or incapacity.
This agreement and any rights, duties and obligations as between the parties to this agreement shall be governed by and interpreted solely in accordance with the laws of New Zealand and no other jurisdiction
I have read the previous paragraphs and I KNOW THE NATURE OF THE ACTIVITIES of New Zealand Mountain Biking Ltd. I UNDERSTAND THE DEMANDS of those activities relative to my physical condition and skill level, and I APPRECIATE THE TYPES OF INJURIES that may occur as a result of activities undertaken with New Zealand Mountain Biking Ltd. I HEREBY ASSERT THAT MY PARTICIPATION IS VOLUNTARY AND THAT I KNOWINGLY ASSUME ALL SUCH RISKS.
ACKNOWLEDGEMENT OF UNDERSTANDING: I have read this waiver of liability and indemnification agreement and fully understand its terms. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE. I acknowledge that by submitting this form, I am signing the agreement freely and voluntarily, AND INTEND MY COMPLETION OF THIS FORM TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY.
DECLARATION: I have carefully read the terms and conditions stated in these pages. I acknowledge that there are certain risks and dangers inherent in a trip of this nature. These risks include, but are not limited to, biking over rocky and mountainous terrain, participating in adventure activities, participating in sports involving narrow trails, water, aviation, and/or the possibility of accident or illness in remote areas without the possibility of immediate evacuation or availability of medical supplies or facilities. I am voluntarily participating in this New Zealand Mountain Biking trip with knowledge of the dangers involved and hereby agree to assume all and any risks, including injury and death. I therefore release and discharge New Zealand Mountain Biking and its owners, employees and business partners from liability for bodily injury, death, property damage or theft, and any of the consequences thereof, arising from my participation in the trip. I enter into this release of liability on behalf of myself, and those members of my family who are under 18. I certify that I am the parent or guardian of any such minors.
You must accept this agreement to participate in activities provided by New Zealand Mountain Biking Ltd.
Terms & Conditions for New Zealand Mountain Biking Ltd
New Zealand Mountain Biking Travel Agreement
Multi-Day Trips
DEPOSIT
You are required to pay a non-refundable deposit of NZ$500 per person to secure your booking with New Zealand Mountain Biking Ltd. This deposit is to be paid immediately at the time of booking. The deposit is non-refundable and non-transferable to another departure date or trip. If your booking is made within 30 days of the departure date, full payment is due immediately.
TRIP BALANCE
You agree to pay the remaining balance as detailed in your booking confirmation email, including any additional items (multi-day options, single supplements, rental equipment, extra hotel bookings, etc.), no later than 60 days before the departure date. A payment reminder will be sent to you via email 14 days prior to the due date. If your booking is made within 30 days of the departure date, the full balance (including any additional items) is required within 14 days of booking.
CANCELLATION
In the event of cancellation, the following charges will apply:
- Cancellation made over 60 days prior to the departure date: NZ$500 deposit (or foreign currency equivalent).
- Cancellation between 60 and 30 days of departure: 50% of the total trip fare.
- Cancellation of any trip 30 days or less prior to departure: 100% of the trip fare.
Day Trips & Lessons
DEPOSIT
Full payment is required at the time of booking to secure your reservation.
TRIP BALANCE
The outstanding balance for your day trip or lesson is due no later than 7 days before the departure date. A payment reminder will be sent to your email. If booking occurs within 7 days of the departure, the full balance is required immediately.
CANCELLATION
For cancellations:
- Over 14 days before the departure date: No charge.
- Between 14 and 7 days before departure: 50% of the trip fare.
- 7 days or less before departure: 100% of the trip fare.
Rescheduling:
- Rescheduling 14 to 8 days before departure: No extra charge.
- Rescheduling 7 to 48 hours prior to departure: NZ$100.
- Rescheduling within 48 hours of departure: 100% of trip fare.
Payment Details
All payments should be made to New Zealand Mountain Biking Ltd. Payments are accepted in New Zealand Dollars, Canadian Dollars, US Dollars, Pounds Sterling, and Euros. Please ensure that you read the deposit and balance payment information provided in your booking confirmation email before making any payments.
Travel Insurance
It is a requirement to obtain full travel insurance at the time of booking. Your insurance should cover trip cancellation, medical expenses, and emergency repatriation. We strongly recommend that you also insure against other travel mishaps, such as flight delays, luggage loss, or theft.
We also recommend ensuring that your insurance covers the activities you plan to undertake, as coverage under the Accident Compensation Act 2001 cannot be guaranteed.
Cancellation by New Zealand Mountain Biking Ltd
New Zealand Mountain Biking Ltd may need to cancel a trip if the minimum number of participants is not reached. You will be notified 30 days before the departure date. In such cases, you may choose to:
- Transfer your fare to an alternate departure date at no extra cost.
- Opt for a full refund.
If the trip is cancelled due to events outside our control (natural disasters, political instability, etc.), refunds will be provided minus any unrecoverable costs. We are not responsible for any incidental expenses you incur due to booking (e.g., non-refundable flights or visas).
Limitation of Liability
New Zealand Mountain Biking Ltd is committed to delivering the itinerary as closely as possible. However, due to unpredictable factors (severe weather, etc.), we may need to make changes to the itinerary. You will be notified of any changes before the trip.
We do not assume liability for any injury, damage, or loss caused by events outside of our control, such as accidents, strikes, or natural disasters. We do not assume responsibility for any damages to personal property or any costs resulting from such events.
By participating in our activities, you acknowledge the inherent risks involved in adventure sports, including injury or death, and accept the responsibility for any consequences.
Medical and Health Requirements
You agree that:
- You are physically fit and able to undertake the activity, and you will inform your guide or coach of any medical conditions that might affect your participation.
- You must inform the guide/coach if you experience discomfort, stress, or any medical concerns during the activity, and you will discontinue if necessary.
- You understand that New Zealand Mountain Biking Ltd is not responsible for any medical expenses, and you are advised to have appropriate travel insurance that covers medical costs and personal injury.
Accident Compensation Act 2001 (ACA)
By participating in activities with New Zealand Mountain Biking Ltd, you acknowledge that the Accident Compensation Act 2001 governs personal injury claims in New Zealand. This means you are precluded from suing for damages for personal injuries sustained during your participation in any activities. The scheme covers your medical expenses, but you cannot pursue general damages for your injuries.
Photographic Use and Consent
You acknowledge that New Zealand Mountain Biking Ltd may take photographs or videos of activities you participate in and may use these materials for promotional purposes, including on websites, social media, and in advertising materials. If you do not wish for your image to be used, please inform us in writing.
Acknowledgment of Risks
You acknowledge that by participating in the activities organized by New Zealand Mountain Biking Ltd, you are voluntarily assuming all risks associated with mountain biking, including physical injury, property damage, and even death. These risks are inherent in the nature of the activities and may involve unpredictable terrain, equipment, and environmental hazards.
You confirm that you have read and fully understand the risks involved and have the physical fitness to participate. You are voluntarily accepting all such risks.
Waiver of Liability and Indemnity
You agree to:
- Undertake the activity at your own risk and assume all risks of personal injury and property damage.
- Waive any future claims against New Zealand Mountain Biking Ltd, its employees, agents, and affiliates for any injury, death, property damage, or theft arising from your participation.
- Indemnify New Zealand Mountain Biking Ltd against any claims from third parties for property damage or personal injury resulting from your participation.
Governing Law
This agreement shall be governed and interpreted in accordance with the laws of New Zealand. Any disputes will be subject to the jurisdiction of New Zealand courts.
By booking with New Zealand Mountain Biking Ltd, you confirm that you have read and understood the above terms and conditions, and that you voluntarily assume the risks associated with your participation in our activities.
Contact Information:
New Zealand Mountain Biking
7 Malvern Road
Rotorua, 3074
New Zealand
+64 22 600 6562
info@newzealandmountainbiking.com
www.newzealandmountainbiking.com