Terms and Conditions of Hire
- BAROSSA KAYAK HIRE
- BKH is in the business of hiring kayaks (kayaks) and associated equipment (equipment) to interested parties wishing to engage in kayaking activities (activities).
- BKH will supply kayaks, paddles, backrests, P.F.Ds. (Personal Flotation Devices Level 50), safety briefing and basic instruction to all hirers / participants / users (participants) prior to participants engaging in activities.
- BKH warrants it is the legal and beneficial owner of the kayaks and equipment available for hire and that legal title to such legal and beneficial ownership will not vest in, or pass to, the participant under these Terms and Conditions of Hire.
- BKH does not provide supervision to participants of kayaks and equipment.
- BKH will not hire kayaks or equipment to any participant who is under the influence of any alcohol, drugs or medication that may impact their judgement or physical capacity.
- BKH’s conducts its business at, and its business is restricted to, BKH’s premises / specified recreational / Warren Reservoir and its immediate surrounding area. BKH is not responsible for participants who venture outside the specified area and participants will not be covered by BKH’s insurance in the event of personal injury, property damage or wrongful death caused by a participant’s negligence or any other cause as a result of engaging in activities outside the specified area.
- Parking and Public toilets are available at the designated area.
- BKH reserves all rights to cancel or reschedule activities in the event of adverse weather conditions or any other unforeseen circumstances. Participants are advised to contact BKH if it is raining on the day of their activity as the conditions may not warrant cancellation.
- BHK will only collect, hold, use and disclose personal information / data of a participant’s to carry out functions or activities in accordance with the Privacy Act 1988 (Cth).
- PRE ACTIVITY DOCUMENTATION
- Release and Waiver of Liability form (attached)
It is a condition, that prior to the hire and use of kayaks and equipment from BKH and engaging in an activity, all participants (over the age of 18 years), MUST read, understand, agree to and sign the attached BKH Release and Waiver of Liability form on behalf of:
- themselves; and
- if applicable, as the legal guardian or parent on behalf of all participants under the age of 18 years.
- In Case of Emergency (ICE) & Medical form (attached)
It is a condition, that prior to the hire and use of kayaks and equipment from BKH and engaging in an activity, all participants (over the age of 18 years), MUST provide their Personal / Emergency Contact details and Summary of Medical Conditions (if any) on the attached form on behalf of:
for use by BKH in an emergency for the purpose of assisting emergency responders.
- themselves; and
- if applicable, as the legal guardian or parent on behalf of all participants under the age of 18 years,
- SAFETY In preparation for an activity, it is a condition of hire and use of BKH’s kayaks and equipment that, prior to engaging in the activity, all participants, MUST:
For further information on safety and safety equipment, please refer to the following resources:
- obtain and maintain their own Public Liability, Product Liability and Personal Accident insurance;
- wear a Personal Flotation Device (PFD) at all times when on the water in the specified area and / or are within 5 meters of the water’s edge;
- attend a BKH training and safety instruction session on the safety and use of kayaks, self- rescue and other equipment, emergency procedures and kayaking activities;
- read and understand the BKH Safety Guidelines prior to the hire and use of BKH’s kayaks and equipment, and adhere to / comply with BKH Safety Guidelines for the duration of the hire period;
- comply with all safety instructions provided by BKH prior to entering the water in the specified area and for the duration of the hire period;
- if applicable, have obtained a Consent from parents or guardians of participants under the age of 18 years to participate in an activity if not the parent or guardian themselves;
- not bring and / or use their own kayaks and equipment if in a group hiring kayaks from BKH;
- have the medical and physical fitness necessary to safely use a kayak and equipment provided by BKH;
- not have any medical condition which would otherwise jeopardise their safety, or those of other participants, by participating in the activity;
- advise BKH on its Medical form (refer above) of any low risk medical condition(s) which may, but is / are unlikely to, affect their participation in the activity:
- advise BKH on its Float Plan (refer above) of:
so that if they have not returned by the designated time, BKH is fully informed as to where to initiate / conduct a search;
- the area in which they (and, if applicable, their group) will be participating in the activity; and
- the time of departure and time of return from their activity,
- not bring any alcohol, drugs or medication that may impact their judgement or physical capacity onto the BKH’s premises / specified recreational / Warren Reservoir / South Para Reservoir or surrounding area;
- not be under the influence of alcohol, drugs or medication that may impact their judgement or physical capacity and, if in charge of a group, must ensure that no member of the group is under the influence of alcohol, drugs or medication that may impact their judgement or physical capacity which could otherwise adversely affect their safety and participation in the activity during the hire period;
- remain within the specified area and comply with the conditions of entry as specified by BKH or any other applicable authority including all laws and by-laws applicable to the BKH’s premises / specified recreational / Warren Reservoir / South Para Reservoir or surrounding areas;
- agree, if applicable, and undertake to:
- seek further training and safety instructions on the safety and use of a kayak, equipment and kayaking activities; and
- seek clarification on BKH’s Safety Guidelines before engaging in the activity.
- complete BKH’s Accident, Incident and Injury Report form and submit to BKH in the event of an accident, incident or injury occurring during the hire period; and
- immediately advise BKH if at any time the participant feels unsafe in relation to the Kayak or equipment and where necessary, request a replacement kayak and / or equipment.
➢ Kayak and Canoe Safety:
➢ Paddle Australia
- CARE OF KAYAK(S) AND EQUIPMENT HIRED FROM BKH It is a condition of hire and use that all participants MUST:
- ensure that all kayaks and equipment hired from BKH are used for the purpose of kayaking, fishing and/or picnicking (intended purpose) and for no other purpose;
- take all reasonable care of BKH’s kayaks and equipment and not in any way misuse or damage BKH’s kayaks and / or equipment at any time during the hire period;
- ensure that all participants under the age of 18 years in a group take all reasonable care of BKH’s kayaks and / or equipment and do not in any way misuse or damage BKH’s kayaks and equipment at any time during the hire period;
- pay for any damage to, loss or replacement of, any kayaks and / or equipment whether unintentional or as a result of negligence or wilful damage and that BKH has the unfettered right to seek full compensation for the costs associated with such damage, loss or replacement as applicable and that such costs will be determined and charged by BKH on the day of hire;
- ensure that the leash provided with the kayak and paddle hired from BKH is attached to the paddle at all times and MUST not be detached from the paddle until the hire period has concluded and the kayaks, leashes and any other equipment is returned to BKH;
- ensure the safe return of the kayaks, leashes and any other equipment at the conclusion of the hire period to BKH.
- PAYMENT TERMS Participants are required to produce a government issued photographic identification (such as a passport, drivers licence or proof of age card) to a representative of BKH hire prior to hire. A photograph of the participant’s identification is retained during the hire period. These records will be destroyed upon satisfactory return of the kayaks and equipment.
Payment is to be made by credit or debit card online www.barossakayakhire.com.au or by EFT to
Barossa Kayak Hire
BSB : 015010
Account No: 210654491
at the time of booking. Process fees apply for credit card payments may apply.
Current Hire Rates are available on our website www.barossakayakhire.com.au
- CANCELLATION OR BOOKING CHANGES
- Where cancellations are due to adverse weather, declared days of Total Fire Ban or other SA Water planned closures a full refund will be made less 2.5% admin fee unless the participants re-book another day / time to be mutually agreed with BKH.
- All booking changes (day or time) must be advised at least 6 hours in advance and must be mutually agreed with BKH.
- All booking changes (day or time) must be made between 9am and 5pm Monday to Sunday by phone call to us. Emailed requests for changes cannot be guaranteed as emails are not monitored 24 hrs a day.
- Where there is a NO SHOW or cancellation by the participant less than 6 hours in advance, there will be No Refund.
- WHAT TO BRING / WEAR BKH recommends participants bring / wear the following:
- Hat, water, insect repellent, sun cream, sun glasses, T-shirt (long sleeve is recommended) or rashie, additional layers for cool / windy days, comfortable shorts, footwear that can get wet;
- a dry change of clothes / towel; and
- food and drink.
- DECLARATION I, the undersigned, have read, understood, acknowledge, consent to, and agree with, the above Terms and Conditions of Hire for the duration of the hire period and where applicable I agree to the above Terms and Conditions of Hire as the legal guardian or parent on behalf of all participants under the age of 18 years for the duration of the hire period acknowledging that I will be assuming all responsibility for the supervision of all participants under the age of 18 years for the duration of the hire period.
We do not stock life-vests or life jackets for non-swimmers (with the exception of toddlers and small children with a weight between 20 and 30kg and chest measurement between 57cms and 70cms). Non-swimmers wishing to hire Barossa Kayak Hire equipment must supply their own life-vest/jacket and present to a member of BKH for inspection prior to commencing the hire.
BAROSSA EBIKE HIRE & TOURS
TERMS & CONDITIONS
The following Hire Terms & Conditions (“Conditions”) record the agreement between BAROSSA EBIKE HIRE & TOURS and you for the hiring of Equipment by you at your request. These Conditions constitute a legally binding contract between BAROSSA EBIKE HIRE & TOURS and you. We recommend that you read these Conditions carefully before signing them or confirming your order.
1. Definitions In these Conditions. 1.1 “Agents” means other places of business who act on behalf of, and with the authority of BAROSSA EBIKE HIRE & TOURS to provide Equipment to Customers for an agreed commission rate payable to the Agent and includes the employees and representatives of the Agent. 1.2 “Agreement” means these Hire Terms & Conditions (including Acceptance of Risk Agreement & Release), the Schedule and the Hiring Fees. 1.3 “BAROSSA EBIKE HIRE & TOURS” means Matthew Hale trading as BAROSSA EBIKE HIRE & TOURS, ABN 59704840053 and includes its employees, representatives, contractors and Agents. 1.4 “Customer” is the person, firm, business or corporation named on the Schedule. 1.5 “Equipment” means any bicycle, helmet, lock and any other parts and accessories supplied by BAROSSA EBIKE HIRE & TOURS to the Customer. 1.6 “Hiring Fees” means the total amount payable by the Customer to BAROSSA EBIKE HIRE & TOURS for hiring of the Equipment or the provision of services by BAROSSA EBIKE HIRE & TOURS. 1.7 “Hire Period” means from the time the Customer takes possession of the Equipment and continues until the Equipment is returned to the designated place of hire or the agreed Customer’s nominated delivery address. 1.8 “Personal Injury” is bodily injury and includes mental and nervous shock and death. 1.9 “Recreational Services” are services that consist of participation in (a) a sporting activity or similar leisure-time pursuit; or (b) any other activity that involves a significant degree of physical exertion or risk and is undertaken for the purposes of recreation, enjoyment or leisure. 1.10 “Rider” or “Riders” means all other persons using the Equipment hired by the Customer. 1.11 “Schedule” means the Hire Schedule annexed to this Agreement. 1.12 “Tour” or “Tours” means both self-guided or guided cycle tours and are operated by BAROSSA EBIKE HIRE & TOURS.
2. Authority of the Customer. 2.1 The person signing this Agreement for and on behalf of the Customer and the Riders hereby covenants with BAROSSA EBIKE HIRE & TOURS that he or she has the authority of the Customer and the Riders to make the Agreement on behalf of both the Customer and the Riders and is empowered by the Customer and the Riders to bind the Customer and the Riders to this Agreement and hereby indemnifies BAROSSA EBIKE HIRE & TOURS against all losses, costs and claims incurred by BAROSSA EBIKE HIRE & TOURS arising out of the person signing this Agreement not, in fact, having such power and/or authority.
3. Customer over 18 years. 3.1 The Customer or the person signing on behalf of the firm or corporation (“Customer’s representative”) warrants that they are over 18 years of age. 3.2 BAROSSA EBIKE HIRE & TOURS may require presentation of photographic identification as proof of age of the Customer or the Customer’s representative before or at the time of delivery. BAROSSA EBIKE HIRE & TOURS is under no obligation to deliver the Equipment if proof of age is refused. 3.3 Should a Rider be under the age of 18 years, then the Customer agrees to take full responsibility for the child’s safety, inspection of the child’s Equipment, and operation of the Equipment. 3.4 All participants on guided cycle Tours warrant that they are over 18 years of age and acknowledge that BAROSSA EBIKE HIRE & TOURS may require presentation of photographic identification as proof of age before accepting them as a participant on a guided cycle Tour.
4. Hire Period. 4.1 The Hire Period shall commence from the time the Equipment is delivered to the Customer by BAROSSA EBIKE HIRE & TOURS or its Agent and will continue until the return of the Equipment to the designated place of hire or the agreed Customer’s nominated delivery address. 4.2 No allowance whatsoever can be made for time during which the Equipment is not in use for any reason, unless consented to by BAROSSA EBIKE HIRE & TOURS in writing before the Customer signs this Agreement.
5. Hiring Fees, Charges and Payment. 5.1 The Customer agrees to pay the Hiring Fees to BAROSSA EBIKE HIRE & TOURS at or before the time of delivery, or as per payment terms advised at the discretion of BAROSSA EBIKE HIRE & TOURS either verbally or via written, E-mail or Tax Invoice advice, unless otherwise agreed in writing by BAROSSA EBIKE HIRE & TOURS before the Hiring Period commences. 5.2 At the discretion of BAROSSA EBIKE HIRE & TOURS, a deposit, bond and/or credit card details will be required for Equipment security as set out in the Schedule to this Agreement (“Security”). Such Security will be refunded or released upon return of the Equipment in a condition acceptable to BAROSSA EBIKE HIRE & TOURS. 5.3 A credit card surcharge may be charged for all credit card transactions. GST and any other taxes (if applicable) shall be added to the Hiring Fees or any other fees under this Agreement, except where they are expressly included in the Hiring Fees or other fees payable. 5.4 In the event that the Customer or the Riders immediately notifies BAROSSA EBIKE HIRE & TOURS of any Equipment failure or breakdown, then the Hiring Fees will not be payable during the time the Equipment is not working, except where the Equipment failure or breakdown is due to the misuse or negligence of the Customer or the Riders. 5.5 BAROSSA EBIKE HIRE & TOURS will charge an Accessory Replacement Fee for any lost keys, locks, helmets, baskets or other parts and accessories (excluding bikes – see this Clause 5.6 below for Repair and Replacement costs on bikes). 5.6 BAROSSA EBIKE HIRE & TOURS will charge, in its discretion, either the full Repair and/or Replacement Costs on all bikes not returned in the condition they were in at the commencement of this Agreement due to damage caused directly or indirectly by the Customer or the Riders. 5.7 The Customer and the Riders will indemnify BAROSSA EBIKE HIRE & TOURS for all sums owing, including any interest and fees, and legal costs incurred in recovering any monies owed by the Customer and the Riders under this Agreement (on a full indemnity basis).
6. Customer Responsibilities. 6.1 The Customer and the Riders accepts full responsibility for the Equipment hired from time of delivery until the Equipment is returned to BAROSSA EBIKE HIRE & TOURS. 6.2 The Customer and the Riders must use the Equipment in a proper, safe and careful manner and only for the purpose for which the Equipment is designed and intended for. 6.3 The Customer and the Riders are responsible for any damage to the Equipment during participation on a self-guided or guided cycle Tour and agree to pay the full cost of any repairs required. If damage is deemed to be wilful, additional charges may be incurred for loss of income due to that Equipment being unavailable for hire. 6.4 The Customer and the Riders have inspected the Equipment before using the Equipment and the Customer and the Riders accept the Equipment in its current state for the general use of cycling during self-guided and guided cycle Tours. 6.5 The Customer and the Riders will ensure that, at all times the Equipment is used, either on a self guided or guided cycle Tour, that the Customer and the Riders: (i) will wear a correctly fitted helmet in accordance with Australian law; (ii) are competent bike Riders and are familiar with riding; (iii) are medically and physically fit and able to participate in a Tour and understand and accept that BAROSSA EBIKE HIRE & TOURS will rely on this declaration as evidence of their ability to participate in such activities. (iv) will not put themselves or any other person or other road users in a life-threatening situation; (v) will respect all road users, give way to pedestrians and will obey the Australian Road Rules at all times; (vi) will keep left unless overtaking and only overtake when it is safe and in accordance with the Australian Road Rules; (vii) will use common-sense and care when operating the Equipment; (viii) will ride within personal limits and not take any risks; (ix) will not ride at night – as you will not be covered under any applicable public liability insurance. 6.6 The Customer and the Riders must at all times lock the Equipment whenever it is not in use, or is out of their line of sight. The Equipment must be locked through the frame to a fixed and immoveable object.
7. Delivery and Pick-Up. 7.1 The Customer and/or the Riders take possession of the Equipment at the place of hire or the Customer’s nominated delivery address (either Warren Reservoir Second Car Park or South Para Reservoir Car Park). 7.2 Delivery of the Equipment to a third party nominated by the Customer is deemed to be delivery to the Customer of the Equipment for the purposes of this Agreement. 7.3 The Customer must ensure that: (I) the Equipment is returned to the place of hire at the end of the Hire Period. 7.3 The Equipment must not be transported by any vehicle to or from any place of hire by the Customer or the Riders or anyone engaged by the Customer or the Riders for this purpose.
8. Alcohol consumption – Self-Guided & Guided Cycle Tours. 8.1 South Australia considers cycling while intoxicated to be an offence under the Road Traffic Act 1961. BAROSSA EBIKE HIRE & TOURS does not endorse drink-riding or the excessive consumption of alcohol. 8.2 All participants on guided cycle Tours will, at all times, observe the instructions and directions of the tour guide and acknowledge that the decisions of the tour guide are final. 8.3 The Customer and the Riders participating in guided cycle Tours understand that any inappropriate behaviour, as determined by the sole and absolute discretion of the tour guide, may result in any, or all, of the following occurring: (i) the Customer and the Riders being asked to disembark the Tour; (ii) the complete termination of the Tour; (iii) and furthermore, if this occurs, the Customer and the Riders acknowledge that there will be no refund of any fees paid by them to BAROSSA EBIKE HIRE & TOURS.
9. Photography and Imagery. 9.1 All photography or imagery (digital or otherwise) taken by BAROSSA EBIKE HIRE & TOURS during the Hire Period or Tour become the property of BAROSSA EBIKE HIRE & TOURS and may be used for advertising purposes on social or print media, our website and in printed or digital promotional materials, unless the Customer or Riders expressly advise BAROSSA EBIKE HIRE & TOURS in writing that this is not to occur. Furthermore, the Customer or Riders also waive their rights to any royalties or compensation for the use of their photos or images in perpetuity.
10. Risk. 10.1 Cycling has inherent risks and dangers. It involves a degree of physical exertion and physical risk. You may be riding on roadways with other road users such as cars, motorbikes, pedestrians, other cyclists, or uneven or unfamiliar surfaces, where there is a risk of Personal Injury to you and others. 10.2 The Customer and the Riders will use the Equipment provided by BAROSSA EBIKE HIRE & TOURS at their own risk. 10.3 The Customer and the Riders understand that consuming alcohol whilst cycling may impair judgment and may result in injury or death. The Customer and the Riders accept full responsibility for any injury, trauma, loss or damage to themselves or any other persons arising out of their consumption of alcohol before, during or after participating in any self-guided or guided cycle Tours. 10.4 The Customer and the Riders hereby release and indemnify BAROSSA EBIKE HIRE & TOURS and its Agents, employees and contractors from and against all and any claims, lawsuits, demands, liabilities, loss and damages (including indirect and consequential loss) costs, expenses, and interest, whether pursuant to common law or statute, in relation to property, death or Personal Injury, that the Customer or the Riders may suffer or incur arising from or in connection with your participation in a Tour and/or the hire and use of Equipment, but excluding any loss or damage resulting from the negligence, breach of duty or breach of care of BAROSSA EBIKE HIRE & TOURS.
11. Property. 11.1 All property in, and title to, the Equipment remains with BAROSSA EBIKE HIRE & TOURS at all times, however, nonetheless all risk for the Equipment passes to the Customer on delivery. 11.2 The Customer does not acquire any title or interest in the Equipment. The Customer’s interest in the Equipment is as bailee for BAROSSA EBIKE HIRE & TOURS only. 11.3 The Customer and the Riders are responsible for the security of their own personal possessions at all times and BAROSSA EBIKE HIRE & TOURS will not be liable for replacement of any personal possessions.
12. In the Event of Loss or Damage to Equipment. 12.1 The Customer will immediately notify BAROSSA EBIKE HIRE & TOURS if any of the Equipment is lost, stolen, breaks down, is damaged or ceases to operate. 12.2 If the Equipment breaks down or becomes unsafe to use for any reason (including fire, adverse weather conditions, mechanical failure), the Customer must immediately cease to use that Equipment and take all steps necessary to prevent damage to the Equipment and other property damage and Personal Injury. 12.3 The Customer must not dismantle or repair, or attempt to dismantle or repair, the Equipment without BAROSSA EBIKE HIRE & TOURS’ prior consent. 12.4 The Customer accepts full responsibility for the safekeeping of the Equipment and indemnifies BAROSSA EBIKE HIRE & TOURS for all loss, theft or damage to the Equipment except where such loss, theft or damage is due to the negligence of BAROSSA EBIKE HIRE & TOURS. Refunds & Cancellations 12.5 Refunds are not available should the weather impede the use of the Equipment (or your ride) or you return the Equipment early. 12.6 BAROSSA EBIKE HIRE & TOURS may cancel delivery of the Equipment at any time before the Equipment is delivered by giving notice in writing to the Customer. On giving written notice, BAROSSA EBIKE HIRE & TOURS shall repay to the Customer any sums paid in respect of the Hiring Fees and release any security given. 12.7 BAROSSA EBIKE HIRE & TOURS is not liable for any loss or damage, howsoever, arising from the cancellation. 12.8 In the event that the cancellation is due to the Customer: (i) BAROSSA EBIKE HIRE & TOURS reserves the right to charge a cancellation fee of 100% of the Hiring Fees for cancellations without notice from the Customer and any Equipment orders by the Customer not picked up or accepted for delivery by the Customer or the Customer’s Representative; (ii) For bookings where cancellations are received more with at least 1 hours in advance of the Hire Period, the Customer shall receive a full refund of the Hiring Fees or a rescheduled session. This is at the Customer’s preference. 12.9 All cancellation fees become immediately due and payable upon cancellation.
13. Exclusion of Implied Terms. You acknowledge that where you are a Consumer of Recreational Services, as defined by the Australian Consumer Law, the Fair Trading Act (SA) 1987, and any other applicable Australian legislation, certain terms and rights usually implied into a contract for the supply of goods or services may be excluded. You acknowledge that these implied terms and rights and any liability of BAROSSA EBIKE HIRE & TOURS flowing from them, are expressly excluded to the full extent possible by law. To the extent of any liability arising, the liability of BAROSSA EBIKE HIRE & TOURS will, at its discretion, be limited to the resupply of the services or payment of the cost of having the services supplied again.
14. Acknowledgment and Waiver. WARNING: Recreational Services—Exclusion, restriction or modification of rights under the Australian Consumer Law (SA) Your rights: Under sections 60 and 61 of the Australian Consumer Law (SA), if a person in trade or commerce supplies you with services (including Recreational Services), there is: (a) a statutory guarantee that those services will be rendered with due care and skill; and (b) a statutory guarantee that those services, and any product resulting from those services, will be reasonably fit for the purpose for which the services are being acquired (as long as that purpose is made known to the supplier); and (c) a statutory guarantee that those services, and any product resulting from those services, will be of such a nature, and quality, state or condition, that they might reasonably be expected to achieve the result that the consumer wishes to achieve (as long as that wish is made known to the supplier or a person with whom negotiations have been conducted in relation to the acquisition of the services). Excluding, restricting or modifying your rights: Under section 42 of the Fair Trading Act 1987 , the supplier of Recreational Services is entitled to ask you to agree to exclude, restrict or modify his or her liability for any Personal Injury suffered by you or another person for whom or on whose behalf you are acquiring the services (a third-party consumer). If you sign this Agreement, you will be agreeing to exclude, restrict or modify the supplier's liability with the result that compensation may not be payable if you or the third-party consumer suffer Personal Injury. Important: You do not have to agree to exclude, restrict or modify your rights by signing this Agreement. The supplier may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by signing this Agreement. Even if you sign this Agreement, you may still have further legal rights against the supplier. A child under the age of 18 cannot legally agree to exclude, restrict or modify his or her rights. A parent or guardian of a child who acquires Recreational Services for the child cannot legally agree to exclude, restrict or modify the child's rights. Further information about your rights can be found at www.ocba.sa.gov.au.
15. Miscellaneous. 15.1 This Agreement represents the entire agreement between BAROSSA EBIKE HIRE & TOURS and the Customer. No additional terms and conditions proposed by the Customer apply to this Agreement unless agreed in writing by BAROSSA EBIKE HIRE & TOURS. 15.2 If any part of this Agreement becomes void or unenforceable for any reason, then that part will be severed with the intent that all remaining parts will continue to be in full force and effect and be unaffected by the severance of any other parts. 15.3 The Customer may not assign, sub-contract or transfer the benefit of this Agreement to another party without the prior consent of BAROSSA EBIKE HIRE & TOURS. 15.4 This Agreement is governed by the laws of South Australia and each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of South Australia. The Customer and the Riders will not object to BAROSSA EBIKE HIRE & TOURS using the jurisdiction of South Australia for the recovery of any outstanding amount/s. Agreement to Exclude, Restrict or Modify Your Rights I agree that the liability of BAROSSA EBIKE HIRE & TOURS and its employees and management for any Personal Injury that may be suffered by me (or a person for whom or on whose behalf I am acquiring the services) that results from the supply of the Recreational Services is excluded.