QUAD BIKING WAIVER OF ALL RIGHTS INCL LEGAL RIGHTS

Full Name___________________________________D.O.B_________________

Address_____________________________________Postcode______________

Email Address________________________________Telephone_____________

1. By reading, ticking or marking a cross in each box and by signing this document, I acknowledge and except that Quad Bike riding is inherently a potentially dangerous activity and by venturing into the practice paddock and plantation, I am increasing and exposing myself to this risk. 

I acknowledge whilst safety equipment and personal discipline will minimise this risk, the risk of serious injury and loss of life still exists. 

2. Prior to your agreement to using Quad Bike Mania's (QBM) facilities, we require from you, as a participant and / or as a parent/guardian of participant who is/are minors the following confirmation and  waiver of all rights as well as legal rights.

3. I AGREE and CONFIRM that I am NOT entitled to a refund of any monies if for any reason, I or  any person(s) accompanying me chooses not to ride.

4. I am in good health and physically fit and capable to ride a quad bike up to 420cc and that I am  free from any influence of alcohol or drugs either recreational or prescribed.

5. I have notified Quad Bike Mania that I am free of any medical conditions and/or prescribed medication that may limit my ability to ride a quad bike or respond to instructions effectively. 

6. I WILL comply with absolutely ALL instructions given to me by QBM representatives and acknowledge that I entering a period where I may be taken out of my normal comfort zone and exposed  to risks that I am not normally exposed to.

7. I WILL NOT overtake, race nor ride at speeds considered dangerous and likely to endanger others, I will follow the quad bike in the front and will not deter from the lead tour guides riding line.

8. I fully understand that the equipment supplied to me is from new and that I am responsible for  any loss or damage caused by me and that I accept liability for all financial costs relating to ANY damage to QBM quad bikes or injury to myself, tour guides, bystanders and/or other participants due to actions where I am involved. PRINT NAME........................................   SIGNED....................................... 

9. I release 'indemnified' persons from ANY claim or liability arising as a result or connected in any way with my use of QBM facilities or participants in touring or quad biking, including without limitation the following types of loss, damage or injury suffered by me howsoever arising: 

• Any personal injury or loss of life 
•  
• Any Medical Expenses
• Loss of income, pain suffering or consequential loss.
• Any loss or damage to my possessions or property 
• I acknowledge and agree that undertakings in this indemnity are irreversibly made in favour of all indemnified persons and is capable of acceptance and receipt by them at any time, binding my executor, heirs and administrators, assigning any successors in life. 

These Terms and Conditions constitute a formal agreement between us and our
Customer (this being the person(s) who uses our products and/or services).
We and our Customer(s) accept and agree to be legally bound by these Terms &
Conditions. A credit or debit card guarantee, full or part payment and
acceptance of such by us for you to use our products and/or services
signifies an understanding and acceptance of these Terms & Conditions.

Reservations
Advance reservations and/or ticket purchase is recommended to prevent
disappointment. Such reservations can be made through this website.

Booking Guarantee
Your credit or debit card details will be requested to purchase your
ticket(s). If booking online, your credit or debit card details will be
requested to complete your purchase and a "print-at-home" ticket will be
generated. Full payment, as itemised, shall be debited and your account
statement will identify the transaction as "WebTicketManager".
This is our 3rd party payment clearing provider who operate our secure, PCI
compliant online booking system and can be contacted directly at: Wincham
Business Park, Wincham, Northwich, Cheshire, CW9 6GB. UK. Tel: +44(0)161 956
2300. (www.webticketmanager.com)

If booking by any means other than online, your credit or debit card details
may be requested to complete and/or guarantee your reservation. Payment, as
detailed, shall be debited accordingly and your account statement will
identify the transaction as “WebTicketManager".

If booking through an approved representative, payment will be taken in
accordance with their own terms and conditions of ticket sales. Your
reservation is duly guaranteed by the issuing of a payment receipt or tour
ticket(s).

Where payment has not been completed, we may, at their discretion,
provisionally reserve your ticket(s) but reserve the right to re-allocate
them should another client request and secure them by payment. In this case,
you shall be duly notified and given the chance to complete your payment.

Cancellation by the Customer
We regret that our cancellation policy does not permit the cancelation of
ticket(s). Your statutory rights are not affected.

Cancellation by Us
Where we cancel, for whatever reason, and an alternative cannot be offered
or taken, a refund in full (if applicable) shall be made within ten (10)
working days of such a cancellation being confirmed.

Compensation will not be payable and no liability will be taken where we are
forced to cancel as a result of unusual or unforeseeable circumstances
beyond our control, the consequences of which we could not have avoided even
with all due care. No compensation will be payable if we cancel as a result
of your failure to comply with these terms. No additional compensation,
consequential losses, additional travelling costs or other such claim shall
be accepted in such an unfortunate event.

Booking Amendments
Wherever possible, a booking amendment shall be accommodated without charge
or penalty if requested fourteen (14) days or more prior to the event date.
An administration charge of 10% of the net booking value shall be payable
for all amendments made less than fourteen (14) days prior to the event date
if such an amendment is possible.

Where an amendment cannot be made and the original booking cannot be
fulfilled, then the Cancellation Policy detailed above shall be applicable.

Prices Quoted
Prices quoted shall be current at the time of booking, acceptance and
acknowledgment. The price agreed shall not be subject to any change unless
forced due to circumstances beyond our control. Such circumstances shall
include civil riot, region or National emergency, war, route closure, severe
weather conditions, etc. Where such a price amendment is necessary, you will
be notified in writing no less than twenty-eight (28) days prior to your
event date. Should a price amendment be unacceptable, the booking may be
cancelled in accordance with our Cancellation Policy above but without
penalty or administration charge if confirmed as cancelled fourteen (14)
days or more prior to the event date.

Price Inclusions
Your ticket price shall include goods and/or services as indicated,
statutory insurance, VAT, all taxes and anything specifically mentioned as
"included".

Price Exclusions
Your ticket price shall exclude personal insurance, snacks, lunch,
beverages, optional activities, gratuities and any other items not
specifically mentioned as being included.

Concession Requirements
As a general rule, bookings will be accepted at face value at the time of
booking. However, at our discretion, proof of any concession entitlement
claimed may be requested at any time during fulfilment of the booking. Such
proof shall include any legal document that contains a recognisable
photograph and date of birth. Failure to produce such evidence upon request
may result in the concession being withdrawn and payment being requested
amounting to the difference between what has already been paid and the full
published price.

Attractions, Highlights & 3rd Parties
Attractions, highlights and 3rd parties experienced during fulfilment may
have specific reservation rules, payment procedures, health & safety rules
and terms & conditions which shall be applicable in full in conjunction with
these terms & conditions.

As in any product and service of this type, you are entirely responsible at
all times for your own safety and for that of others. Going off any unmarked
pathways, through closed gates, barriers or otherwise is done so entirely at
your own risk and no responsibility can, or shall, be taken in such an
instance. If in doubt, please ask.

Children
Children under the age of fourteen (14) shall be accompanied by an adult at
all times. Full responsibility for children remains with the accompanying
adult, including general behavioural control so as not to disturb the
others.

Special Needs
Please contact us to discuss specifically your needs if you are disabled or
a special need client requiring a wheelchair or other such mobility
assistance and/or special assistance. It is our intention to operate
access-for-all and we will make every effort to accommodate special needs
accordingly. We reserve the right to require persons who are unable to move
independently to be accompanied by a companion who is able to provide any
necessary assistance and take full responsibility accordingly.

Animals / Pets
Animals and pets shall not be permitted with the exception of a registered
and documented guide dog in accompaniment of a visually impaired person.
Full responsibility for such an animal remains with the accompanying person,
including feeding, hygiene and general control so as not to disturb the
other passengers.

Comfort
For the comfort and safety of all, alcohol, & tobacco is strictly
prohibited at all times other than in designated areas. Alcoholic beverages
can only be purchased on-site and not brought through the ticket entrances
in either direction. Non-prescribed drugs are strictly prohibited and we
operate a zero-tolerance policy that will involve the police without
hesitation.

Insurance
We operate within UK laws that include compulsory and statutory insurance
against accident and third party liability. Personal insurance against
injury, item theft, loss, or any other such event is not included and it is
highly recommended that you take out your own Travel Insurance in good
standard travel procedures.

Overall Enjoyment
We will not accept responsibility for your overall enjoyment. Whilst every
effort will be made to maximise your pleasure and experience, it is accepted
that every person's preference and tastes are unique and it would be
impossible to satisfy all of our customers all of the time. However, we
recognise that our own success is dependent on word of mouth referral and
prioritises customer satisfaction accordingly.

Liability
In so far as our duties extend in providing a professional, safe and
fit-for-purpose product, we, our staff and our agents shall not be liable
for any injury, loss, expense, damage, accident, delay, irregularity,
stranded individual, personal negligence, weather, quarantines, sickness,
disease, act of God, Government restriction, legal regulation or otherwise
which are adjudged to be out of our control.

We, our staff and our agents shall not be liable for any injury, loss,
expense, damage, accident, delay, irregularity, stranded individual,
personal negligence, weather, quarantines, sickness, disease, act of God,
Government restriction, legal regulation or otherwise for any individual or
company furnishing sub-contract services, transportation, attractions,
accommodation or any other product or service in connection with a our goods
and/or supplies.

It is clearly stated, understood and agreed that, to the fullest extent to
which liability may be excluded or avoided, We will have no liability,
whether in contract or otherwise, for any losses, costs or damages, and in
no event will be liable for any direct, indirect, incidental, special,
punitive, expectancy or consequential damages, even if they are foreseen or
foreseeable, arising or resulting from, or related to, our services and
products.

In all cases, the maximum liability payable shall not exceed the total fee
collected for the provision of the goods and/or services provided.

Warranty
We provide our service strictly on an "as is" basis without warranties of
any kind, either express or implied, including, but not limited to, the
implied warranty of fitness for a particular purpose. Your UK statutory
rights are unaffected by our Warranty terms.

We are not responsible for, provide no representations to, warranties or
guarantees with respect to, and will not be held liable in any way for any
content, information, services or material on any third party supplier,
including, without limitation, any third party recommended, named or
utilised by us.

It is clearly stated, understood and agreed that, to the fullest extent to
which warranty may be excluded or avoided, the maximum warranty payable
shall not exceed the fee collected for the provision of the goods and/or
services provided.

Reserved Rights
The right is reserved to make operational changes at any time, whether to
the goods, services, itinerary or otherwise, with or without notice, which
is considered necessary prior to the event.

The right is reserved to cancel any booking at any time, should conditions
or circumstances necessitate, offering substitutes of equal value or a full
refund without administration charge or penalty as detailed under our
Cancellation clause above. If circumstances warrant such action a full and
documented reason shall be provided.

The right is reserved to require persons who are unable to move
independently to be accompanied by an adult companion who is able to provide
all necessary assistance and take full responsibility accordingly.

The right is reserved to decline to accept, or retain, any person at the
discretion of the management. If circumstances warrant such action a full
and documented reason shall be provided and an equitable cash amount without
penalty or administration charge shall be refunded in accordance with our
Cancellation clause above. In such an instance, it shall be client's sole
responsibility to travel further. No compensation, consequential losses,
additional travelling costs or other such claim shall be accepted in such an
unfortunate event.

Reasons for such action shall include, but not be limited to:
- Violent, racist, verbal abuse or other such unacceptable behaviour.
- Failure to comply with the laws of the United Kingdom.
- Drunk and disorderly behaviour.
- Misuse of un-prescribed drugs.
- Refusal or failure to comply with health & safety issues.
- Refusal or failure to provide suitable evidence of entitlement to partake
in a tour.
- Refusal or failure to pay the correct fee for taking a tour.
- Any other behaviour deemed disruptive, dangerous or insulting to other
passengers.
The right is reserved to re-allocate an unsecured booking at any time.

The right is reserved to make alterations or changes to these Terms &
Conditions at any time, ensuring that customers with existing bookings
receive the latest copy prior to taking their booking. Should the revised
Terms & Conditions be unacceptable to a pre-booked customer, the booking may
be cancelled without penalty or administration charge as detailed under our
Cancellation clause.

Force Majeure
Except where otherwise expressly stated in these conditions, we cannot, and
will not accept liability or pay compensation where the performance or
prompt performance of our contractual obligations is prevented or affected
by, or you otherwise suffer any damage or loss, as a result of "force
majeure". For the elimination of doubt, in these conditions, "force majeure"
means any event which we, or our sub-contractors, could not, even with all
due care, foresee or avoid. Such events include, but are not limited to,
war, threat of war, riot, civil strife, terrorism, industrial disputes,
natural disaster, adverse weather, fire, etc.

Complaints & Disputes
Any disputes or complaints must be brought to our attention in writing no
longer than twenty-one (21) days from the origin such. We shall then be
granted an additional sixty (60) days to investigate and resolve such a
dispute or complaint without involving third parties or outside solicitors,
litigation or counsel.

In the event of a complaint or dispute not being satisfactorily resolved,
both parties irrevocably agree that the dispute will be settled and
determined by final and binding arbitration pursuant to the United Kingdom
and that such arbitration will be conducted in accordance with the Rules and
Procedures in current effect under English law.