Terms & Conditions

Please carefully read this important information about your Ride Technics booking and participation. By participating in a Session (defined below) you agree to be bound by these terms and conditions. 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.

DEFINITIONS

  1. In these Terms and Conditions the following definitions apply:

Where:

  1. During a Session, “Ride Technics”, “we”, “us”, “our” means Conceptis Pty Ltd (ACN 609 614 940), and includes its directors, coaches/instructors, sub-contractors and employees; or
  2. a coach provides the services during a Session then “Ride Technics”, “we”, “us”, “our” means that particular instructor (“Coach”) or
  3. where a Coach (or Coaches) provide the services during a Session then “Ride Technics”, “we”, “us”, “our” means Conceptis Pty Ltd (ACN 609 614 940) and the Coach/Coaches.

“You”, “your” means the participant of Ride Technics skills sessions or rides (a “Session“) or where the participant is under the age of 18 on the date the Session takes place then “You”, “your” means the parent or guardian of the Session participant.

GENERAL TERMS AND CONDITIONS

2. Please ensure you have chosen the correct program that suits your requirements.

3. Riders will receive the advertised Session duration by a qualified and experienced coach.

4. If you are unable to attend a Session and you give us not less than 24 hours notice, you will not be given a credit and all payments received shall be forfeited.

5. Where you would like to bring a replacement rider, or substitute your Session with a replacement rider then a replacement rider is permitted but you must notify us with replacement riders’ names at least 48 hours before Session or clinic begins and these terms and conditions will apply to, and the replacement rider agrees to be, bound by these terms and conditions.

6. All participants must wear recommended safety gear – see below.

7. Where a rider is behaving in a manner which we believe to be inappropriate then we reserve the right to cancel a Session after a Session has commenced or expel any rider during a Session. Where we expel a rider or cancel a Session under this clause no refunds will be provided.

8. No rider shall use offensive language.

9. If you register for a Session or program on behalf of a group, then each rider of the group, by engaging in a Session, agrees to be bound by these terms and conditions.

10. Where you are under 18, your parent or guardian agrees to be bound by these terms and conditions on your behalf.

RISK IN UNDERTAKING A SESSION

  1. 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 any Session and if you have any doubts as to your abilities or competence you should not participate in the Session. By participating in a Session you acknowledge, agree and understand that cycling and mountain biking is inherently dangerous and that there is a significant risk of you being physically harmed whilst mountain biking at some point (either during a Session or outside a Session time).
  2. Further to the above, you understand that there is an inherent risk in undertaking a Session. For example (but not limited to):
  1. you may be injured, physically or mentally, or may die;
  2. your personal property may be lost or damaged;
  3. other persons participating in a Session may cause you injury or may damage your property;
  4. you may cause injury to other persons or damage their property;
  5. the conditions in which the activity is conducted may vary without warning; and
  6. on that basis you agree to assume the risk of, and responsibility for, any injury, death or property damage resulting from you participation in the activity.

13. RISK WARNING: You understand that these statements above constitute a formal ‘risk warning’ for the purposes of the relevant legislation, including for the purpose of:

The Civil Liability Act 2002 (NSW);

The Civil Liability Act 2002 (WA);

The Consumer Affairs and Fair Trading Act (NT);

The Civil Law (Wrongs) Act 2002 (ACT);

The Civil Liability Act 2002 (TAS);

The Civil Liability Act 1936 (SA);

The Wrongs Act 1958(VIC); and/or

The Civil Liability Act 2003 (QLD).

LIABILITY AND WAIVER

14. Nothing in these terms excludes, restricts or modifies any term, condition, warranty, guarantee, right or remedy (including but not limited to a guarantee under the Australian Consumer Law (ACL)) which cannot lawfully be excluded, restricted or modified.

15. The ACL contains guarantees that give consumers certain rights in relation to goods and services they acquire. These guarantees cannot be excluded, restricted or modified except in certain circumstances. Section 139A of the Competition and Consumer Act (2010) (Cth) (CCA) permits a term of a contact for the supply to a consumer of recreational services, to exclude liability of the supplier for death and personal injury arising from the failure to comply with a guarantee provided in sections 60 to 62 of the ACL.

16. To the extent permitted by s139A of the CCA, members acknowledge and agree that Ride Technics excludes all liability in connection with the supply of recreational services for:

a. death;
b. physical or mental injury;
c. the aggravation, acceleration or recurrence of a physical or mental injury;
d. the contraction, aggravation or acceleration of a disease; and
e. the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual, that is or may be harmful or disadvantageous to the individual or community, or that may result in harm or disadvantage to the individual or community, resulting from a failure of Ride Technics to comply with a guarantee in sections 60-62 of the ACL.

17. This exclusion of liability does not apply where significant personal injury is caused by the reckless conduct of Ride Technics in accordance with s139A of the ACL.

SESSION INFORMATION

18. Equipment – In an effort to reduce the risk of injury you agree to wear or bring the following equipment:

a. Helmet – Australian Standard Approved
b. Off-road ready bicycle in good condition
c. Water bottle – with at least 500ml of water in it
d. Tools – multi-tool with chain breaker
e. Pump
f. Spare tubes
g. Gloves noting that full-finger gloves are our preference

  1. 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 no less than 1 hour prior to commencing our Session. All cancelled Sessions due to wet weather will be rescheduled.
  2. Ambulance and Medical Treatment – In the event of an emergency, you authorise us to request an ambulance on your behalf (and you agree to bear the expense of that ambulance) and you agree to receive (and bear the expense of) any first aid provided by a qualified or registered medical personnel.
  3. Refunds – There is no refund of any prepaid coaching unless the Session is cancelled by us, or if you can show, with supporting medical evidence that the program will cause you physical harm or result in physical injury to you, in which case the fee will be refunded to you for the prepaid component. The fee will be refunded after the end of the month in which we are provided in writing by you of such medical evidence from a registered medical practitioner.
  4. Your Physical Condition – You promise and represent on the date of the booking, and repeat such warranty and representation each time you participate in a Session, 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 a Session or 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 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 must not participate in Sessions whilst suffering from any infections or contagious illness, disease or suffering from any physical ailment such as open cuts or sores or minor infections where there is a risk, however small, to other riders.
  5. You warrant to us that you:
  • where relevant, you have obtained a clear check-up from a medical practitioner in the last 180 days;
  • do not suffer from any medical condition which may or could affect or adversely impact your cycling or you undertaking a Session;
  • the bicycle and other equipment which you use are in good working order and condition at the time of your Session;
  • will wear an Australian Standards compliant helmet securely fastened at all times during a Session; 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.

24. Contractors – Some contractors may be engaged as Coaches to provide some, or all, of the services for a Session. Where fees for services are paid directly to these contractors then we take no responsibility for the fees paid to these contractors. As indicated above, where a contractor provides you the services during a Session then a contract is formed between you and the relevant contractor. You agree that any claim which you might have as a result of an act or failure to act by such a contractor, must be brought against, and will be the responsibility of, that contractor and not Conceptis Pty Ltd (or its directors and employees).

25. Images and Videos – By participating in a Session or by signing this form 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. We will not use photos of you where you are under 18 unless you have given permission.

Miscellaneous

26. The laws of the jurisdiction where the first Session took place will apply to this agreement.

27. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.

28. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

PRIVACY STATEMENT AND ACKNOWLEDGEMENT

29. Ride Technics will only use, disclose or deal with your information in accordance with our Privacy Policy. A full copy of our Privacy Policy is available on our Website.