Please carefully read this important information about your Ride Technics booking and participation.
With any contractual agreement, it is important that we outline the terms as simply and thoroughly as possible. Please take the time to read through these conditions carefully to avoid any confusion. It is important that the terms of the contract between you and us are clear and for this reason, if there is any conflict between what is set out in these conditions and anything you have been told by us or over the telephone, the conditions will prevail. Failure by us to enforce any of our rights at any time for any period shall not be construed as a waiver of those rights.
In these Terms and Conditions the following definitions apply:
- Ride Technics, Conceptis Pty Ltd (ACN 609614940)
- We, us, our means Conceptis Pty Ltd (ACN 609614940), our staff, coaches and contractors
- You, your means the participant of Ride Technics skills sessions or rides
GENERAL TERMS AND CONDITIONS
- Please ensure you have chosen the correct program that suits your requirements.
- Riders will receive the advertised session duration by a qualified and experienced coach.
- If you are unable to attend a skills session you will not be given a credit and all payments received shall be forfeited. Unless notified in advance 48 hours.
- A replacement rider is permitted but must be done at your own risk. Please notify us with replacement riders’ names at least 24 hours before clinic begins.
- All participants must wear recommended safety gear - see below.
- Scheduled sessions will not run if conditions are too wet. Another date will be issued if available.
- Ride Technics reserves the right to expel any rider at any point for any length of time without any refunds.
- No rider shall use offensive language.
The participant’s equipment
Helmet - (Australian Standard Approved), off-road ready bicycle in good condition, water bottle, tools , pump, spare tubes, and full-finger gloves.
- REFUNDS - There is no refund of any prepaid coaching unless the session is cancelled or if you can show, with supporting medical evidence that the program will cause you physical harm or result in physical injury to you or as otherwise required by law in which case the fee will be refunded to you for the prepaid component after the end of the month in which we are provided in writing by you of such medical evidence from a registered medical practitioner.
- WARRANTIES – You warrant to us that you:
- have obtained a clear check-up from a medical practitioner in the last 30 days; and
- do not suffer from any medical condition which may affect your cycling or which we should be aware of in the event that you are involved in an accident. You agree to undertake a check-up with your medical practitioner at least once in every period of twelve months and you will immediately let us know if your medical condition changes after you join us. We may, at our discretion, deny your application until you receive medical clearance from your doctor to proceed with an exercise program at the facility and/ or until you have received advice as to an appropriate skills program.
- The bicycle and other equipment which you use will be serviced on a regular basis and will be kept in good working order and condition at all times.
- will wear an Australian Standards compliant helmet securely fastened at all times on an outdoor ride with us and will have a lit rear and front light on your bicycle at all times whilst you are riding a bicycle for the period one hour after sunrise and one hour before sunset.
- ACKNOWLEDGEMENT - You acknowledge that: cycling involves a risk of injury and/or death and damage to property. it is your decision alone as to whether you participate in each ride and if you have any doubts as to your abilities or competence you should not participate in the ride.
- RELEASE AND INDEMNITY - To the fullest extent permitted by law, you acknowledge that Ride Technics and its directors, contractors and employees are not liable for any loss , damage or injury howsoever caused (including through negligence) which you may directly or indirectly suffer in connection with (without limitation):
- any ride organised by us
- anything caused by a third party
- any other act matter or thing.
- CONTRACTORS - Some contractors provide some of their services, such as coaching and instructing. Fees for services are paid directly to these contractors. We take no responsibility for the fees paid to these contractors. Any claim which you might have as a result of an act or failure to act by such a contractor (whether or not payment has been made to the contractor or to us) will be brought against, and will be the responsibility of, that contractor and not us. You hereby release, and indemnify and keep indemnified, us for any claim suffered by you as a result of an act or omission by a contractor. We will at all times assist, where possible, to resolve any conflict or issues with contractors.
- IMAGES AND VIDEOS - By signing this Application and Agreement you consent to us using photos and videos of you in any promotion or other material in relation to the business without reference to you and without compensation or remuneration to you.
- YOUR PHYSICAL CONDITION - You promise and represent on the date of the booking, and repeat such warranty and representation each time you participate in our rides, that you are in good physical condition and that you know of no medical or other reason why you are not capable of engaging in active or passive exercise and that such exercise would not be detrimental to your health, safety, comfort or physical condition. Ride Technics coaches and its contractors may not be medically trained and are therefore not qualified to assess whether you or your guest are in good physical condition and/or that you can engage in active or passive exercise without detriment to your health, safety, comfort or physical condition. You shall not participate in rides whilst suffering from any infections or contagious illness, disease or other ailment or whilst suffering from any physical ailment such as open cuts or sores or minor infections where there is a risk, however small, to other riders.
- YOUR SAFETY AND PROPERTY - WARNING - We give you warning that cycling is a dangerous activity and injury may occur.
- RELEASE AND INDEMNITY - In consideration of Ride Technics accepting your application for skills coaching you agree that Ride Technics shall not be liable for any death, personal injury or illness occurring during our rides or skills sessions.
WET WEATHER POLICY
Ride Technics is committed to your safety. If treacherous or unsafe conditions are predicted your session will be cancelled via text message or phone call to your provided mobile 1 hour prior to commencing our session. All cancelled sessions will be rescheduled.
PRIVACY STATEMENT AND ACKNOWLEDGEMENT
LIABILITY WAIVER FOR SKILLS SESSIONS AND RIDES
I the Parent/Guardian or / 18+ Rider acknowledges that the activity that I am booking into is a dangerous activity with certain risks.
I the Parent/Guardian or / 18+ Rider acknowledge and understand that whilst participating in such activity:
- Rider / I may be injured, physically or mentally, or may die.
- Rider / I personal property may be lost or damage.
- Other persons participating in such activity may cause the Rider / I injury or may damage my property.
- Rider / I may cause injury to other persons or damage their property.
- The conditions in which the activity is conducted may vary without warning.
- Rider / I assume the risk of and responsibility for any injury, death or property damage resulting from my participation in the activity.
Parent of the Rider also confirm and agree my son/daughter/participant: Or 18+ Rider also confirm and agree:
- Is aware of all the risks involved with the sport.
- Rider will participate in the activity at my sole risk and responsibility.
- Is physically fit and able to take the physical exertion of the sport.
- Obey all instruction given by the Ride Technics coaches.
- Will wear an approved Australian standards approved helmet while mounted on my bicycle.
- I agree for myself (18+Rider)/or my Child to be photographed or filmed for Ride Technics promotional material
- I release, indemnify and hold harmless Conceptis Pty Ltd, Ride Technics, Dylan Cooper, its servants and agents, from and against all and any actions or claims which may be made by me or on my behalf or by other parties for or in respect of or out of any injury, loss, damage or death caused to me or my property whether by negligence, breach of contract or in any way whatsoever. I also agree that in the event that the participant is injured or my property damaged, I will bring no claim, legal or otherwise, against Conceptis Pty Ltd, Ride Technics, Dylan Cooper in respect of that injury or damage.
IN PROCEEDING WITH THIS BOOKING, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Wavier of Liability and Hold Harmless Agreement, understand it and bound it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; and I execute this Agreement for full, adequate and complete consideration fully intending to be bound by same.