Terms and Conditions

Wizard Hills Trails Terms & Conditions

Conditions of Entry

Accepting and adhering to the rules are a condition of entry to the Wizard Hills Trails. The rules exist to make the facility as safe as possible for everyone.

Tickets will not be issued. Riders and spectators will be allowed entry based on receipt of a signed waiver and on approval of membership. You must comply with the Terms and Conditions appearing on the waiver form signed by you or on your behalf
You must comply with all signs, instructions and directions regulating entry including the rules of the trails
You must comply with all directions of all Wizard Hills staff, police, security personnel and officials
Use of the trails whilst intoxicated is prohibited
Alcohol may only be consumed within signed, designated drinking areas at Wizard Hills Trails. All other areas remain a dry zone
Glass receptacles are only permitted at Wizard Hills Trails in the signed, designated drinking areas
No gang colours, patches or other items that signify gang membership are permitted in Wizard Hills Trails
No illegal substances may be brought into Wizard Hills Trails
No weapons of any nature may be brought into Wizard Hills Trails
You understand the location of Wizard Hills Trails is on Private Property and is for Members Only. The location of Wizard Hills Trails is not to be disclosed in anyway, at any given time to any non-member of Wizard Hills Trails
Social media is accepted, however no disclosure or geolocating of Wizard Hills Trails location is permitted at any given time
Animals may be brought into Wizard Hills Trails, however must be constrained/restrained on a leash or other means to maintain control of the animal. Wizard Hills Trails reserves the right to determine what is unacceptable at its sole discretion
No platforms or anything that can be used to erect platforms are permitted into Wizard Hills Trails. Nothing that will obstruct the view of patrons is allowed to be constructed. Wizard Hills Trails reserves the right to determine what is unacceptable at its sole discretion
Limited vehicular access to Wizard Hills Trails is permitted, any other access will have you provided with a vehicular pass by the event / trails organiser if applicable
Failure to comply with these Conditions may result in removal from Wizard Hills Trails. Wizard Hills Incorporated reserves the right to remove you at its sole discretion from Wizard Hills Trails for any conduct it, in its opinion, considers unsatisfactory
You agree to release and indemnify the operator or any event organiser against any loss, damage, claim or demand (whether personal injury, death or property damage) suffered by you, the operator or any event organiser (and its officers, employees, contractors, agents, licensees and assignees) or any third party which occurs as a result (directly or indirectly) of your acts or omissions (whether negligent or otherwise) or your non-compliance with these Conditions of Entry
It is a condition of your entry into Wizard Hills Trails that you release and indemnify any event organiser (and its officers, employees, contractors, agents, licensees and assignees), and Wizard Hills Trails from any loss, damage, claim or demand arising as a consequence of your attendance at Wizard Hills Trails.
You are reminded that it is your responsibility to proceed to and from Wizard Hills Trails safely and exercising all due care with respect to surrounding residents or public members. Wizard Hills Incorporated accept no responsibility for any loss, damage, death or injury arising from your journey to and from Wizard Hills Trails or from the parking of vehicles at Wizard Hills Trails
All members of Wizard Hills Trails are to positively contribute to the trails, including watering, sweeping and dusting.
In the event of any property damage at Wizard Hills Trails, it is expected that it is repaired by the member in fault, if the member is unsure how to repair, they must notify Wizard Hills Trails staff or officials to rectify the damages. This includes but is not limited to the trails themselves, facilities and natural surroundings
All trails, facilities, infrastructure, tools and the like at Wizards Hills Trails are to be left in an as found condition.

Conditions of use

BMX and MTB riding are dangerous recreational sports and all riders use the trails at their own risk. Report all incidents, emergencies, misuse or vandalism to Wizard Hills Incorporated on 0433 820 370 or to 000.

These trails are intended for BMX, MTB and other bicycle disciplines only
Motorised vehicles on the trails of any kind is expressly prohibited (unless they are being used as a soil compaction device). Wizard Hills Trails reserves the right to determine what is unacceptable at its sole discretion
Use bikes only for their intended use
Bikes must be in good working condition and well maintained
Please respect the trails, surrounds and keep the area clean and tidy at all times
Unauthorised trail modifications are prohibited (maintenance is expected, accepted and welcomed)
The trails will be closed unless members are invited by Wizard Hills Trails staff, officials and specific members to attend on any given date

Protective Equipment

Riders are required to wear appropriate safety equipment as indicated below:

Clothing
A helmet & gloves
Appropriate clothing (skin covering apparel and accessories only)
Appropriate footwear (no thongs, or feet exposing footwear)

Equipment

BMX or MTB Bike – can be 12”- 16” for very young-uns / young riders, but otherwise generally 20 – 26” for all other riders
Stripped of all add-ons except back brake
Tyres pumped up hard to manufacturers standard, chain tensioned and maintained
Seat down (so rider can stand over seat without it touching)
Handle-bars plugged, everything else in good service condition

Wizard Hills Trails general rules & code of conduct

Accepting and adhering to the rules are a condition of entry to the Wizard Hills Trails. The rules exist to make the facility as safe as possible for everyone.

All participants must complete and sign waiver in order to ride or use Wizard Hills Trails in anyway (under 18’s by parent/guardian and witnessed by another person over 18)
All participants must wear a helmet. Knee, shin & elbow pads are recommended
All participants must immediately cease riding when trails are too wet, whether via rain, dew or other causes (except for when trails are being or have been irrigated for maintenance)
All participants must respect other users of the trails at all times
All participants must ensure tarps are away from riding paths and in a safe area during participation. Tarps must then be replaced when riding has ceased or as necessary upon completion of riding the trails
All participants must look at all lines before attempting to ride them and determine their associated skill level with those lines
All participants must ride safely at all times and avoid collisions with other participants
Fighting or other aggressive or disruptive behaviour will result in ejection from the trails
No food or drink may be taken onto the trails, into trail areas or consumed on trails or in trail areas. Food and drink may only be consumed in spectator areas
Smoking is prohibited at Wizard Hills Trails unless in designated smoking / drinking areas where applicable. it is expected that any smoking waste or trash is disposed of in appropriate waste solutions available
Spectators may not use or stand on trails for any reason
No one under the age of six (6) is allowed to use the trails without supervision of an adult
Non riding gear, including bags, must be kept off the trails
No contests, events or photo shoots of any description may be held at the trails unless organised by or with and approved by the Wizard Hills Incorporated itself
Wizard Hills Incorporated management reserves the right to refuse entry to or eject anyone at any time from the trails at its own discretion
Suitable shoes and apparel must be worn at all times

Terms of Service

Overview

This website is operated by Wizard Hills Incorporated. Throughout the site, the terms “we”, “us” and “our” refer to Wizard Hills Incorporated. Wizard Hills Incorporated offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from our online store / shop, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

IMPORTANT – If a package is returned to Wizard Hills Incorporated because the buyer did not claim the package, we do not send replacements. Wizard Hills Incorporated is not responsible for any actions taken by customs on your package during delivery. The buyer is responsible for any customs charges that may be applied to your package. Customs determines these charges, therefore leaving Wizard Hills Incorporated no liability for covering these costs.

For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Wizard Hills Incorporated, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Wizard Hills Incorporated and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Please Contact Us if you have any concerns.

Wizard Hills Inc.
contact@wizardhills.com

Have fun and welcome to Wizard Hills Trails!