LIABILITY WAIVER AND RISK ACKNOWLEDGEMENT

Island Cycle Hire ABN 28 410 925 220 is referred to in this document as we, us or our.

This Liability Waiver and Risk Acknowledgement applies to the person identified as the Rider in the relevant booking or Hire Form, whether the Equipment is used for recreation, transport or both. References to you or your in this document mean the Rider.

Equipment means the bicycle or e-bike and any helmet, child seat, bicycle trailer or other accessory identified in the relevant booking or Hire Form.

If the Rider is under 18 years of age, Island Cycle Hire must obtain acceptance of this document from the Rider's parent or legal guardian (Parent/Legal Guardian) before supplying the Equipment, and the minor Rider must provide their own acknowledgement if reasonably capable of understanding it.

By signing or electronically accepting this document, the Rider acknowledges and agrees to the matters set out below. Where the Rider is under 18 years of age, the Parent/Legal Guardian also gives the acknowledgements and consents set out in the Minors clause.

1 ACKNOWLEDGEMENT OF RISKS

(a) You understand that using bicycles and e-bikes for recreation or transport involves inherent risks that cannot be completely eliminated even where reasonable care is taken, but those inherent risks do not include risks created by defective, improperly maintained or unsafe Equipment.

(b) Those risks may include:

(i) falling from or losing control of a bicycle or e-bike;

(ii) collisions with vehicles, bicycles, pedestrians, animals, objects or other road or pathway users;

(iii) uneven, loose, wet, slippery, damaged or obstructed roads, paths and surfaces;

(iv) changes in terrain, steep or changing gradients, visibility, lighting, traffic and environmental conditions;

(v) adverse or changing weather conditions;

(vi) injury arising from mounting, dismounting, accelerating, braking, turning, operating or handling the Equipment, including the additional weight, speed, power assistance and control characteristics of an e-bike;

(vii) a sudden mechanical or component malfunction that is not caused by a defect, inadequate inspection or maintenance, or any other failure by Island Cycle Hire to comply with a duty that cannot lawfully be excluded or limited;

(viii) the actions, omissions or errors of other road or pathway users; and

(ix) serious injury, permanent disability, death or damage to property arising from an accident or incident.

(c) You acknowledge that the nature and extent of these risks may vary depending on whether the Equipment is used for recreation or transport, the type of Equipment used, your riding ability and conduct, and the road, pathway, terrain, traffic, weather and visibility conditions encountered during the hire.

2 VOLUNTARY PARTICIPATION AND ACCEPTANCE OF INHERENT RISKS

(a) You choose voluntarily to ride and use the Equipment with knowledge of the inherent risks associated with cycling and e-bike use.

(b) To the maximum extent permitted by law, you accept responsibility for the ordinary and inherent risks associated with your voluntary use of the Equipment.

(c) Your acceptance of inherent risks does not extend to loss, injury or damage to the extent caused by our failure to exercise reasonable care and skill, our breach of contract, our failure to comply with an applicable consumer guarantee, defective or inadequately inspected or maintained Equipment, or any liability that cannot lawfully be excluded or limited, except to the extent that you caused or contributed to that loss, injury or damage.

3 FITNESS AND ABILITY

(a) You confirm that, to the best of your knowledge, you are physically and mentally capable of safely riding and using the Equipment you have selected.

(b) You must not ride or use the Equipment if:

(i) you are affected by alcohol or illegal drugs;

(ii) medication, illness, injury, fatigue or another condition impairs your ability to ride safely;

(iii) you do not have sufficient ability to control and operate the Equipment safely; or

(iv) you become aware of any circumstance that makes continued use unsafe.

(c) If you have any medical or physical condition that may affect your ability to ride safely, you are responsible for considering whether it is appropriate for you to participate and obtaining appropriate professional advice where necessary.

4 SAFETY ACKNOWLEDGEMENT

(a) You acknowledge that you are responsible for riding safely and complying with the safety requirements applying to the hire.

(b) You agree to:

(i) wear a properly fitted and fastened bicycle helmet as required by applicable law;

(ii) comply with applicable road rules and other laws;

(iii) follow the safety and operating instructions provided by Island Cycle Hire;

(iv) complete any safety briefing, demonstration or pre-ride check reasonably required before using the Equipment;

(v) use lights and other safety equipment where required;

(vi) comply with applicable load, passenger and operating limits; and

(vii) stop using the Equipment if you become aware that it is damaged, defective or unsafe.

(c) If you are riding an e-bike, you acknowledge that you must satisfy any age, identification, licence, permit, authorisation or other eligibility requirement that applies under applicable law and must follow any e-bike operating and safety instructions provided to you.

5 RELEASE

(a) To the maximum extent permitted by law, you release Island Cycle Hire and its owners, officers, employees and contractors from claims to the extent arising solely from the inherent risks of cycling or e-bike use that you have voluntarily accepted under this document, whether the Equipment is used for recreation or transport.

(b) This release does not apply to the extent that the relevant loss, injury or damage was caused by:

(i) our failure to exercise reasonable care and skill, including in inspecting, maintaining, repairing or supplying the Equipment;

(ii) our breach of an applicable agreement with you;

(iii) a defect or unsafe condition in the Equipment, except to the extent that you caused or contributed to that defect or unsafe condition;

(iv) our failure to comply with an applicable consumer guarantee; or

(v) another act, omission or liability that cannot lawfully be excluded, restricted or modified.

6 AUSTRALIAN CONSUMER LAW

(a) Nothing in this document excludes, restricts or modifies any consumer guarantee, right, remedy or other protection under the Australian Consumer Law or any other applicable law except to the extent that the law expressly permits that exclusion, restriction or modification; no exclusion concerning recreational services applies unless the particular supply is a recreational service within the meaning of the Australian Consumer Law and every statutory requirement for that exclusion is satisfied.

(b) Any release, assumption of risk or limitation of liability in this document applies only to the maximum extent permitted by applicable law.

7 MINORS

(a) If the Rider is under 18 years of age, the Parent/Legal Guardian must accept this document.

(b) By accepting this document, the Parent/Legal Guardian:

(i) confirms that they are the Rider's parent or legal guardian and have authority to provide the acknowledgements and consents contained in this document;

(ii) consents to the Rider using the Equipment;

(iii) acknowledges that they understand the inherent risks described in this document;

(iv) agrees to take reasonable steps to ensure that the Rider understands and complies with applicable safety instructions and requirements; and

(v) accepts this document in their own capacity and, only to the extent legally permitted, on behalf of the Rider, without releasing or limiting any right or claim of the minor Rider that cannot lawfully be released or limited.

(c) Nothing in this clause excludes or limits any right of the minor Rider that cannot lawfully be excluded or limited.

8 RELATIONSHIP WITH OTHER HIRE DOCUMENTS

(a) This document operates together with the Business Terms and Conditions, Hire Terms, Hire Form and any other document separately accepted as part of the booking and hire process.

(b) This document deals specifically with acknowledgement and voluntary acceptance of the inherent risks associated with riding and using the Equipment and any release or limitation of liability that may lawfully apply to those risks.

(c) If another hire document is inconsistent with this document concerning acknowledgement of risk, release or limitation of liability, this document prevails to the extent of the inconsistency, but only to the maximum extent permitted by law.