Mt Lyford Adventure Park Terms and Conditions of Use
Terms and Conditions of Use
In this document the following words have the following meanings:
“Mt Lyford Adventure Park” and “Lake Stella Mountain Retreat” are trading names of Mt Lyford Express NZ Limited and either name may appear on passes, receipts and business material.
“MLAP” means the Mt Lyford Adventure Park.
“Adventure Activities” and “Mountain Biking” shall include all activities, events, services or use of the facilities provided, arranged, organised or conducted and include, but are not limited to: hiking ascents and descents; biking ascents and descents; mountain bike tours; camps; bike skills training; use of trails and roads; guided mountain biking and hiking activities; staying in the on mountain accommodation; swimming in the lake; use of the wood fired hot tubs; races; competitions; demonstrations; events; orientation and instructional courses and sessions; big air contests; slopestyle or any other type of self-propelled conveyance and all other related activities, events or services.
"Pass" means any pass that allows access to MLAP.
"Rules of Play" means the rules of play as set out below.
Mountain Biking activities take place on steep and rugged terrain with features that expose the rider to many risks, dangers and hazards. These include but are not limited to: use of transport; changing weather conditions; mechanical failure of equipment; falls; loss of balance; high speed descents; difficulty or inability to control one’s speed and direction; rapid or uncontrolled acceleration on hills and inclines; extreme variation in cycling terrain including steep or slippery sections, trees, roots, tree stumps, logs, cliffs, ramps, ladders, bumps, berms, jumps, and drops; collisions with natural and constructed objects, other mountain bikers, vehicles, pedestrians, spectators and officials; encounters with domestic and wild animals; negligence of other riders or users of MLAP.
Risks associated with hiking activities include (but are not limited to) falls, collision with objects, slips, trips, falls and natural hazards.
HEALTH and MEDICAL
Adventure Activities can activate or aggravate existing or pre-existing injuries, conditions or congenital defects. If you know or suspect that your physical condition may not be compatible with these activities please seek medical advice before undertaking them.
Prior to agreeing to this form, you agree, to advise MLAP of any pre-existing or existing medical conditions that may affect your participation. You also agree to make, and take responsibility for, your own decision to participate in Adventure Activities.
Please wear a NZ approved helmet when relevant and other relevant personal protective equipment when undertaking Adventure Activities.
Helmet use is mandatory for Mountain Biking activities. A full face helmet, gloves, and body armour are strongly recommended for Mountain Biking activities.
If you are hiking then please have the right type of equipment for the activity for example good hiking boots. Be aware at all times your surroundings and orientation.
RULES OF PLAY:
You agree to abide by the MLAP Rules of Play, below, and to follow directions from MLAP staff or volunteers.
Use safety equipment as directed at all times.
Remain in control and within your ability level. You must be able to avoid other people or objects.
Stay off the road and trails if your ability is impaired by drugs, alcohol, or fatigue.
Inspect your bike or have it checked by a qualified bike mechanic before riding.
Be aware of changing conditions on trails and features. Inspect features before use and throughout the day.
Stay on marked trails at all times. Obey all signs and warnings. Do not cut switchbacks.
Keep out of closed areas.
Avoid riders ahead of you,they have the right of way.
Look uphill and give way to other trail users when entering a trail or starting to move. Do not stop where you obstruct a trail, or are not visible from above.
If you are involved in or witness a collision or accident, you must identify yourself to the Park Patrol.
Be aware of the changing weather and conditions.
MOUNTAIN BIKE CHECKLIST:
Before riding, always inspect your equipment or have it checked by a qualified bike mechanic to ensure that your:
Helmet is in good shape and properly adjusted.
Bike has front and rear brakes.
Kickstand has been removed before using the chairlift and riding on the trails.
Bike frame has no cracks, damaged or dented areas.
Brake pads are sufficient to stop your bike.
Front and rear axles (skewers) are tight.
Headset and stem are secure with no looseness or play.
Tyres are in good condition, with no tears or cuts.
Handle bar and grips are tight.
Seat and seat post are secure.
Navigation: map, compass, altimeter, GPS device, personal locator beacon (PLB) or satellite messenger
Headlamp: plus extra batteries
Sun protection: sunglasses, sun-protective clothes and sunscreen
First aid: including foot care and insect repellent (as needed)
Shelter: carried at all times (can be a light emergency bivy)
Extra food: Beyond the minimum expectation
Extra water: Beyond the minimum expectation
Extra clothes: Beyond the minimum expectation
You acknowledge that the risks, dangers and hazards of Adventure Activities and Mountain Biking are increased during races, competitions and contests. You freely accept and fully assume all such risks, dangers and hazards and the possibility of personal injury, death, property damage or loss resulting therefrom.
NOTICE TO RIDERS, PARENTS AND GUARDIANS:
Please take the time to review this document carefully and familiarise yourself with the MLAP Adventure Activities. Please speak to Guest Services for more information.
Injuries are a common and expected part of Adventure Activities. MLAP does not offer introductory activity lessons and beginner terrain. Don’t attempt more challenging terrain until you have the appropriate skill, experience and equipment.
All prices quoted by MLAP are in New Zealand dollars and are valid at the time of printing. Prices include GST and are subject to change without notice.
MLAP respects your privacy and complies with the Privacy Act 1993. You are entitled to access the personal information we hold about you and to request that we amend it if it is incorrect. While dealing with you, we may collect basic personal information, such as your name, address and contact details, as well as your interaction with our computer systems.
To third parties where we have retained those third parties to assist us to provide the products of services you have requested.
For direct marketing of products or services.
To prevent and resolve unauthorised access to, or attacks on our systems; or where otherwise legally permitted.
By providing us with your email address you consent to receiving emails from us advising of updates, products and services available. You may unsubscribe from our email database at any time.
You agree to respect the MLAP area, owners and staff and agree that you will not purchase an access pass or service to use for any malicious purpose whatsoever that will cause MLAP to have problems operating and their use of land to be limited in any way.
Payment for tours and lessons will be taken at the time of booking unless otherwise advised.
Cancellations made within the 24 hours prior to a lesson or tour departure will not be refunded. Changes to a booking within this 24 hour period will be charged a $25 fee. “No-shows” will not receive a refund.
Cancellations for groups of 10 or more participants require 72 hours' notice for a refund.
MLAP reserves the right to cancel lessons or tours due to inclement weather, foreseeable hazards, insufficient bookings, or events beyond our control. In these circumstances, full refunds will be made or alternative dates offered.
Subject to any applicable rights under the Consumer Guarantees Act 1993, there will be no refunds given for Passes.
PHOTOGRAPHS, SECURITY IMAGES AND VIDEOS:
Photos, videos and security images may be taken of participants at any time for security and marketing. You agree that trail side photos and zipline photos will be published online for sale and may be used for promotional purposes. We respect NZ privacy laws and any images posted online will be removed by request.
MLAP does not guarantee a particular opening day, the duration of the season, operating days or facilities operating at any day or time and reserves the right to not operate its park for any reason.
In applying for a Pass and using MLAP's transport, trails, roads, terrain, bike parks, race courses, restaurants, parking lots, and other facilities you agree:
You are not relying on any oral or written representations or statements made by MLAP with respect to the safety of the activities other than what is set forth in this Agreement.
To use MLAP at your own risk and assume all risk of personal injury and property loss or damage.
To waive any and all claims that you have or may in the future have against MLAP and its directors, officers, employees, instructors, guides, agents, representatives, volunteers, sponsors, independent contractors, subcontractors, successors and assigns and to release MLAP 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 MLAP or travel beyond its boundary.
To hold harmless and indemnify MLAP 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 MLAP or travel beyond its boundary.
The Pass issued to you is the property of MLAP, is not transferable, is not for resale and is revocable, without refund, for misconduct or breach of the Rules of Play or these Terms and Conditions.
This Agreement and any updates shall apply to all subsequent Pass renewals.
MLAP reserves the right to amend these terms and conditions without notifying you. You should regularly refer to the website for changes.
Any litigation involving the parties to this agreement shall be within the exclusive jurisdiction of the Courts of New Zealand.
You acknowledge that you have read and understand this agreement and that you are aware that by purchasing online you are agreeing to these Terms and Conditions.