TERMS & CONDITIONS

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

 

DEFINITIONS

In these Terms and Conditions the following definitions apply: 

• ‘Session’ means a The Local Bike Coach skills session (whether 1:1 or group) or ride 

• All services during the Session will be provided by Andrew Haughton ABN 81 518 637 783 (‘Andrew’)

• ‘Private Session’ means a 1:1 private skills Session with Andrew

• ‘You’ means the participant in the Session, except where the participant is under age 18 on the date the Session takes place then ‘You’, ‘Your’ means the parent or guardian of the Session participant 

 

GENERAL TERMS AND CONDITIONS

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

• Riders will receive the advertised Session duration. 

• Unless you give Andrew no less than 48 hours’ notice, if you are unable to attend a Private Session you will not be given a credit and all payments received shall be forfeited. 

• All participants must wear recommended safety gear – see list below. 

• Where a rider is behaving in a manner which Andrew believes to be inappropriate then he reserves the right to cancel a Session after a Session has commenced or expel any rider during a Session. Where a rider is expelled or a Session is cancelled under this clause no refunds will be provided.

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RISK IN UNDERTAKING A SESSION

 

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.

Further to the above, you understand that there is an inherent risk in undertaking a Session. For example (but not limited to):

• you may be injured, physically or mentally, or may die;

• your personal property may be lost or damaged;

• other persons participating in a Session may cause you injury or may damage your property;

• you may cause injury to other persons or damage their property;

• the conditions in which the activity is conducted may vary without warning; and

• on that basis you agree to assume the risk of, and responsibility for, any injury, death or property damage resulting from your participation in the activity.

 

EQUIPMENT

In an effort to reduce the risk of injury you agree to wear or bring (as applicable) the following equipment:

• Helmet – Australian Standard Approved

• Off-road ready bicycle in good condition

• Water bottle – with at least 500ml of water in it

• Tools – multi-tool with chain breaker

• Pump

• Spare tubes

• Gloves 

• Any medication you must carry at all times, including any emergency medication (eg, EpiPen) 

 

WET AND EXTREME WEATHER POLICY

Andrew is committed to your safety. If unsafe conditions (including but not limited to heavy rain, flooding, storms, bushfire) are predicted, your Session will be cancelled via text message or phone call to your provided mobile number as soon as possible but no later than 1 hour prior to commencing the Session. All Sessions cancelled due to wet and extreme weather will be rescheduled. 

 

AMBULANCE & MEDICAL TREATMENT

In the event of an emergency, you authorise Andrew 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.

 

SESSIONS

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WARRANTIES – You warrant to Andrew that you:

• are in good physical condition such that you are able to participate in a Session;

• will seek advice from a registered medical practitioner prior to participating in a Session, given the strenuous nature of mountain biking;

• do not suffer from any medical condition which may or could affect or adversely impact your cycling or you undertaking a Session;

• will make Andrew aware when booking a Session of any medical condition which may affect you before, during or after a Session, including but not limited to diabetes, asthma, breathing difficulties and allergies;

• understand that Andrew is not a medical professional and may not be able to assess your suitability to participate in a Session, or provide you with assistance if you fall ill during a Session;

• 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 during a Session.

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RELEASE AND INDEMNITY – To the fullest extent permitted by law, you indemnify Andrew for any loss, damage or injury howsoever caused (including through his negligence), which you may directly or indirectly suffer in connection with, arising out of, or resulting from (without limitation):

• Participating in any Session;

• not being permitted to undertake a Session, or having a Session cancelled (for any reason by us);

• your breach of this agreement; and

• a contractual or negligence claim made by you or your parent/guardian arising from provision of our services.

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IMAGES AND VIDEOS – By participating in a Session or by registering for a Session you consent to Andrew 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. Please contact Andrew directly to discuss any exceptions to this clause. 

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Limitation of Liability

• Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010, and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by Andrew to you which cannot be excluded, restricted or modified (Statutory Rights).

• Our liability is governed solely by the ACL and these terms and conditions. Andrew excludes all conditions and warranties implied by custom, law or statute except for your Statutory Rights. Unless the Statutory Rights apply, the Services, and all other material and work is provided to you without warranties of any kind, either express or implied; and Andrew expressly disclaims all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.

• If your Statutory Rights apply because you are a consumer as defined in the ACL, then Andrew guarantees that the Services:

  • he supplies to you are rendered with due care and skill;

  • will be fit for the purpose that he advertises; and

  • will be supplied within a reasonable time.

• To the extent Andrew is unable to exclude liability, his total liability for loss or damage you suffer or incur from using the Services is limited to Andrew re-supplying the Services to you, or, at his option, refunding to you the amount you have paid Andrew for the Services to which your claim relates.

• In all other cases Andrew’s total liability to you will not in any case exceed the amount of $50.

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Miscellaneous

• The laws of Victoria apply to this agreement and the parties submit to the courts of Victoria having exclusive jurisdiction to decide any matter arising out of this contract.

• When Andrew communicates with you, he does so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.

• 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.

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PRIVACY STATEMENT AND ACKNOWLEDGEMENT

• Andrew will only use, disclose or deal with your information in accordance with the Privacy Policy.