Terms & Conditions

1. Introduction

The Terms of Use of the Gap Creek Moto website include these Terms and Conditions, the Privacy Policy and any other terms and conditions that appear in or are linked to the Gap Creek Moto website (Additional Terms and Conditions).

The Additional Terms and Conditions that appear on the Gap Creek Moto website will govern your use of, and access to, certain sections of the Gap Creek Moto Web Site where they appear. Since these Additional Terms and Conditions form part of the Terms of Use, you are bound by them and should review them wherever they are relevant to you when using the Gap Creek Moto website.

Prices may be subject to GST.

2. Website content and access

While Gap Creek Moto endeavours to take reasonable care in preparing and maintaining the information on this website we do not warrant the accuracy, reliability, adequacy or completeness of any of the website content. You acknowledge and accept that the website content may include technical inaccuracies and typographical errors. The website content is subject to change at any time without notice and may not necessarily be up to date or accurate at the time you view it.

It is your responsibility to enquire with us directly to ensure the accuracy and currency of the material or information you seek to rely upon. To the extent permitted by law, including the Competition and Consumer Act 2010 (Cth), Gap Creek Moto disclaims all liability for loss directly or indirectly arising from your use of or reliance on the website and the website content.

Gap Creek Moto does not guarantee that access to the Gap Creek Moto website will be uninterrupted or that the website is free from viruses or anything else which may damage any computer which accesses the Gap Creek Moto website or any data on such a computer.

3. Limitation of liability

To the maximum extent permitted by law Gap Creek Moto excludes all liability for any loss or damage of any kind (including special, indirect or consequential loss and including loss of business profits) arising out of or in connection with the website content and the use or performance of the Gap Creek Moto website except to the extent that the loss or damage is directly caused by Gap Creek Moto's fraud or wilful misconduct.

Where the law (including without limitation the Competition and Consumer Act 2010 (Cth)) implies a warranty or guarantee into these Website Terms and Conditions which may not lawfully be excluded, then provided it is fair and reasonable to do so, Gap Creek Moto's liability for breach of such a warranty or guarantee shall be limited at its option, to any one or more of the following:

(a) in the case of goods: replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring equivalent goods; or payment of the cost of having the goods repaired; and
(b) in the case of services, to either resupplying the services or payment of the cost of having the services supplied again.

4. Intellectual property

The materials displayed on this website, including without limitation all editorial materials, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks, are the property of Gap Creek Moto and are protected by copyright, trade mark and other intellectual property laws. Any such content may be displayed and printed solely for your personal, non-commercial use within your organisation provided that any copyright notice on such a display or page is not removed. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without the express prior written consent of Gap Creek Moto.

Save for the above, and unless expressly granted, Gap Creek Moto does not grant any licence or right in, or assign all or part of, its intellectual property rights in the content or applications incorporated into the Gap Creek Moto website or in the user interface of the Gap Creek Moto website.

5. Submissions

Any material you send to us on or via the Gap Creek Moto website will be deemed to be non-confidential and non-proprietary, unless it is indicated to be otherwise. This includes any data, questions, comments, suggestions, ideas or other information. We will be entitled to use any such material which has not been indicated to be confidential or proprietary for any purpose without compensation to you.

6. Third party websites

The Gap Creek Moto Website may contain links to other websites operated, controlled or produced by third parties. Unless otherwise indicated, Gap Creek Moto does not control, endorse, sponsor or approve any such third party websites or their content nor does Gap Creek Moto provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content.

7. Links to Gap Creek Moto website

If you wish to establish a link to this website , you must first seek approval from Gap Creek Moto. To seek approval, please contact your account manager. If you don't have one or are unsure, please email Gap Creek Moto

The following information will be required to assess your request:

  1. the URL of the website that you seek to establish a link from 
  2. a brief description of your website 
  3. the reason that you wish to establish a link.

If Gap Creek Moto agrees to your proposed link, you must comply with any terms and conditions imposed by Gap Creek Moto as a condition of such agreement. If the nature and/or content of your website changes in any significant way, you must contact Gap Creek Moto and provide a new description of your website.

8. Interference with website

You must not attempt to change, add to, remove, deface, hack or otherwise interfere with this website or any material or content displayed on the Gap Creek Moto website.

9. Jurisdiction

These Terms and Conditions are governed by and construed in accordance with the State of Queensland, Australia. In the event that a dispute arises from these Website Terms and Conditions, each of Gap Creek Moto and you agree to submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.


Waiver

Deed of Acknowledgement, Waiver of Liability, Indemnity and Voluntary Assumption of Risk

1. Definitions

Claim means and includes any court action, proceeding or claim, demand, damage, cost or expense rising from or in relation to the Recreational Activities which may be made by a Participant or on a Participant’s behalf for or in respect of or arising out of a Participant’s death or any personal injury, loss or damage caused to a Participant or any Participant’s equipment whether caused by negligence, breach of contract or in any other manner whatsoever.

GCM means Gap Creek Moto Pty Ltd and Gap Creek Farm Pty Ltd, their directors, employees, servants and agents.

Minor Participant means each of the Minor Participants detailed overleaf.

Recreational Activities means any activity conducted at the Venue for the purpose of enjoyment and/or leisure that involves a significant degree or risk or physical harm when performing, participating in, viewing or spectating, such activities including but not limited to motorbike, quadbike, motocross, trail / enduro, camping, bicycling and bush walking.

Participant means each of the Participant / Parent / Legal Guardian detailed above and each Minor Participant.

Venue means the property located at 9674 Cunningham Highway Tregony, Queensland 4370.

2. Acknowledgment of Risks, Dangers & Obligations

Each Participant acknowledges on their own behalf and on behalf of each Minor Participant that:

  1. The Recreational Activities are being engaged in by them for enjoyment and/or leisure and that they involve a significant degree or risk or physical harm and each Participant will be exposed to certain risks and dangers including that:
    1. they may be injured, physically or mentally, and may be killed.
    2. Each Participant’s machinery or equipment may be damaged, lost or destroyed.
    3. Others may engage in the Recreational Activities dangerously or with a lack of skill.
    4. The Venue and weather conditions may be hazardous and may vary without warning or predictability.
    5. There may be no or inadequate facilities for treatment or transport of me if a Participant is injured.
    6. Each Participant gives permission to GCM to arrange medical treatment and emergency services as deemed necessary by GCM for a Participant’s safety and each Participant agrees that they are liable for any associated costs.
  2. Each Participant participates in the Recreational Activities at their sole risk and responsibility.
  3. Each Participant accepts the Venue as it stands with all or any defects hidden or exposed.
  4. Each Participant has read and understood these terms and conditions.
  5. By executing this form, each Participant/s accepts GCM’s rules and regulations and/or on behalf of each Minor Participant.

3. Obligations

Each Participant acknowledges on their own behalf and on behalf of each Minor Participant agrees that:

  1. If a Participant has signed this form on behalf of a Minor Participant, they will supervise them at all time and will be responsible for their actions and safety and compliance with these terms and conditions.
  2. Each Participant accepts that a breach of these terms and conditions may result in their participation in the Recreational Activities being terminated immediately and that they will not be entitled to a refund if termination occurs because of such a breach.
  3. Each Participant will operate their motorcycle and conduct themselves in a safe and skilful way and will comply with all relevant rules, regulations, policies, procedures and instructions given by GCM and directions given by GCM.
  4. Each Participant will not operate their motorcycle at the Venue under the influence of intoxicating liquor or drugs (including prescriptions drugs) that affect their ability to operate their motorcycle.
  5. Each Participant will wear appropriate safety gear including a strapped helmet compliant with Australian Safety Standards, shoes and long pants (or as may be directed by GCM).

3. Indemnity and Release given to GCM

  1. In consideration of participating in the Recreational Activities each Participant on their own behalf and on behalf of each Minor Participant agrees to:
    1. Indemnify GCM and keep GCM indemnified to the full extent permitted by law from all Claims;
    2. Not hold GCM liable for any loss, injury, death, or damage whatsoever to any person or their belongings or otherwise arising out of or in connection with the Recreational Activities resulting directly or indirectly from any occurrences whatsoever.
    3. Release GCM to the full extent permitted by law from all liability to each Participant for any and all Claims;
  2. The release and indemnity provided by each Participant on their own behalf and on behalf of each Minor Participant in this document is in addition to, and will not in any way limit the application of, any legislation.

4. Medical

Each Participant on their own behalf and on behalf of each Minor Participant warrants that:

  1. They are in a fit and healthy condition that to participate in the Recreational Activities.
  2. They will inform GCM if they have any specific medical condition/s that may affect their safety or the safety of other participants;

5. Right to Use Images

Each Participant on their own behalf and on behalf of each Minor Participant:

  1. acknowledges and consents to photographs and electronic images (including, but not limited to, moving images) being taken of them during their participation in the Recreational Activities at the Venue.
  2. Each Participant acknowledges and agrees that such photographs and electronic images are owned by GCM and it may use the photographs and electronic images for promotional or other purposes without further consent being necessary.
  3. Consents to GCM using each Participant’s name, image and likeness.

Liability Waiver FAQ

ALL visitors to Gap Creek Moto must complete a waiver. That includes non-riders, like your grandparents, or Mum, Girlfriend or Mate just visiting for a few hours.
Children must be put on the back (page 2) of the form, the parent or legal guardian must complete the first page and sign the second page.
NO, anyone under 18 years old must have the waiver form completed by their parents or legal guardian.
NO, all minors must have the waiver form completed by their LEGAL parent or gaurdian.
This is only acceptable if the waiver is printed and completed with ID before arriving for the first time - it HAS to be a parent or legal guardian signing for anyone under 18. It is fine for future visits once the waiver is done
This is only acceptable if the waiver is printed and completed with ID before arriving for the first time - it HAS to be a parent or legal guardian signing for anyone under 18. It is fine for future visits once the waiver is done. A waiver form can be sent home and returned on the next visit if necessary.
This is only acceptable if the waiver is printed and completed with ID before arriving for the first time - it HAS to be a parent or legal guardian signing for anyone under 18. This includes 17 year olds who have ID and can drive. It is fine for future visits once the waiver is done for each individual. ID is not required every time they sign in
If the parents have signed the waiver with ID a photo of ID provided for the 15 year old and the 17 year old then this is OK
Not acceptable anymore, an individual with a vehicle must stay on site
An exception can be made for one visit, it will be noted and will need to bring it next time or take photo and text when you get home
When we are not sure if you are over 18 and you have NO ID
Parents ID on the waiver form is all that is required for people under 18. Driver’s license, learners, student ID, birth certificate, passport etc. It must have photo and Date of Birth Again someone at home can take a photo and text it.

If you have any other questions please call us on 0427 666 224 to clarify before coming out.


Gap Creek Moto Rules

  • Riding hours: 8 am - 6 pm. Strictly NO RIDING at any other time
  • Walking pace around campgrounds, car parks and office areas
    Speed limit: 10km/h
  • No helmet and shoes, no riding! No excuses, no exceptions!
  • Display entry sticker at the FRONT of your bike
  • Observe and follow signage AT ALL TIMES
  • NO ADULTS on kids tracks
    Respect age and bike size limits
  • No doubling on the MX tracks
  • Supervise your children AT ALL TIMES
    Parents must be present during small bike times on step up track
  • Do not cut the tracks
  • No riding in the creek / on the creek banks
    No bathing or washing of bikes or other vehicles in the creek
  • Stay on the tracks and signed trails
  • Full riding gear is mandatory on full size bike MX tracks
  • Keep your campsite / parking spot clean and tidy at all times
    Do not throw leftover food on the ground, it only brings pests
  • Throw all suitable rubbish in the skip near the office or at the bottom of the driveway
    No broken tents / gazebos / bulky items (please take those with you)
  • No riding on the campsites
  • No firewood cutting or collecting
    BYO or 20kg bags for sale at the office
  • Please keep all noise to a minimum after 10pm. No loud music between 10 pm and 10 am
  • Use existing campfire pits (you may use your own brazier)
    Do not move the rocks ($50 penalty fee)
  • NO GLASS OR CANS in campfires
  • NO DOGS allowed on the Southern side of the highway (through the tunnel)

It is the responsibility of the parents or guardian of those under 18 that they understand and follow the rules of Gap Creek Moto as soon as they enter the property

Deliberate dangerous or destructive behaviour will not be tolerated, the rules are in place for customers’ and staff’s safety

Management reserves the right to refuse entry