TERMS AND CONDITIONS

Policy

Cancellation policy

I understand that unplanned issues can come up and you may need to cancel or reschedule a session. If that happens, I respectfully ask to be notified at least 24 hours in advance to initiate a rescheduling or 100% refund. Cancelling or rescheduling within 24 hours of the session will see 75% of your payment refunded or carried over to your rescheduled session.

Wet weather

In the event of severe weather we may need to postpone the session in which case 100% of your payment will be carried over. As an outdoor activity the expectation is that the session will go ahead in mildly unfavorable conditions. The decision to postpone will be solely at my discretion.

Payment

Payments for one on one sessions may be made post session by cash or bank transfer. Payments for ‘Couple’ and ‘Gift Voucher’ purchases must be made prior to the session in a single payment.

Tour/Bicycle Hire Damage – Free Inclusive Coverage!

– ‘Standard Bicycle Damage Cover’ is inclusive in all tours and rentals. This means in the result of any bicycle damage, the damage will be accessed but only an excess of $50 per damaged bike will be due to cover parts and labor.

– IF the damage is NOT considered negligence by the accessor full payment will be due.

– ‘FULL Bicycle Damage Cover’ can be purchased – $15 per person at time of booking. This means that the damage will be accessed but the excess will be $0 per damaged bike

– IF the damage is NOT considered negligence by the accessor full payment will be due.

1) I accept full responsibility for all equipment hired by myself, partner, third party
or child if (under the age of 18 years) and agree to pay for any equipment damage incurred during my hire period and agree to damage costs being withheld from rental bond to cover repair costs. 

1b) I accept that even if I purchase ‘FULL Bicycle Damage Cover’ that damage that is considered negligence by the assessor my ‘FULL Bicycle Damage Cover’ will not apply.

*****FULL TERMS AND CONDITIONS CAN BE READ BELOW*****

2019/2020 Forbes MTB Courses Events Rules and Liability Release.

MOUNTAIN BIKING IS A HAZARDOUS EXPERIENCE OR ACTIVITY WITH VARYING SURFACE AND ENVIRONMENTAL  
CONDITIONS. It is different from road bicycling in that it is done on partially improved and unimproved trails and roads, as well as on naturally rugged terrain. This liability release shall be binding upon the assignee, distributees, heirs, next of kin, executors and administrators of the entrant and may be pled by Forbes MTB Courses, government authorities and/or landholders as a complete bar and defence against the claim, demand, action by or on behalf of the entrant.  

By execution of the liability release, the participant hereby acknowledges and expressly represents that:  
The participant is duly aware of the risks and hazards inherent upon entering the event location and participating in events at these locations.  
The participant elects voluntarily to enter the location and ride the mountain bike on these locations.  
The participant assumes the duty of knowing the present condition of the location.  
The participant recognises that the locations may become more hazardous and dangerous during the time that the undersigned is present on the location, riding his/her mountain bike on the location.  
By virtue of participant’s presence on the location, participant acknowledges participant’s acceptance of the condition of the location and all risks attendant thereto. Participant agrees to operate his/her mountain bike only on marked trails.  
Participant recognises that falls and collisions with pedestrians, other mountain bike riders and vehicles do occur and assumes all risks and responsibility for such incidents and injuries.  
I understand that HELMETS ARE MANDATORY and I agree to wear a helmet at all times. If I sustain any injuries as a result of any of the aforementioned risks and hazards, I AGREE NOT TO SUE any of the above named parties.  
Participants is over 18 years of age and is of sound mind, or that if he/she is under 18 years of age, he/she is accompanied by a parent or guardian who is over 18 years of age and of sound mind who has read the foregoing liability release, understands it and accepts it voluntarily. Furthermore, the undersigned being at least 18 years of age indemnifies the aforementioned entitles against any and all claims, which may result from minor’s participation in the aforementioned activity.  
In exchange for and in consideration if the above named parties making the events locations available to me, participant  
CONTRACTUALLY AGREES that any and ALL DISPUTES between myself and the above named parties arising from my participation in their events and INCLUDING any claims for personal injury and/or death, will be GOVERNED BY THE LAWS OF THE STATE and EXCLUSIVE JURISDICTION thereof will be in the state court residing in the district where the alleged tort occurred.  
This release shall be binding to the fullest extent permitted by law. In an event any section of the release is found to be unenforceable, the remaining terms shall be enforceable. Further, full permission is given to use any photographs or movies taken during this event or training exercise for any purpose in promoting events throughout Australia.   
All competitors also understand the following Conditions of Participation:   
All those taking part in Forbes MTB Courses Events (the event), do so at their own risk and responsibility.  
Participant’s agree to abide by the participation rules and policies adopted from time to time by Mountain Bike Australia (MTBA) and Forbes MTB Courses.   
MTBA, Forbes MTB Courses and all parties involved with the event will not accept any liability to the extent permitted by law for loss, damage, injury or inconvenience that might occur to any person or goods as a consequence of participation in the event.  
Participants consent to the administration of first aid and other medical treatment in the event of an injury and agree to pay the costs of such treatment if required.   
Participants in the event are strongly advised to take out their own medical and ambulance insurance. You are solely responsible for these.   
The event will be run under the rules as described by MTBA, and or Forbes MTB Courses.  
Helmets must be worn at all times while riding and must conform to current Australian or equivalent International standards. Skullcap or skate helmets are not permissible in either XC or DH events.  
Forbes MTB Courses will not advise any participant to take part in an activity that the individual is not comfortable with or confident in doing. Any advice given is merely a guide and Forbes MTB Courses will not be held liable for issues arising out any information disclosed. Any activity the participant takes part in is solely at the discretion of that person.  
Participants cannot hold Forbes MTB Courses accountable for any incidents that may arise prior, during or after an event.  
EXERCISE CAUTION! MOUNTAIN BIKE RIDING IS DIFFERENT FROM ROAD RIDING. WHILE RIDING ON OR OFF ROADS  
OR TRAILS, YOU MAY EXPERIENCE OTHER BIKES AND VEHICLES, LOOSE GRAVEL AND DIRT, WET SURFACES, HOLES, DOWNED TIMBER AND OTHER OBSTACLES. YOU MUST REGULATE YOUR SPEED IN ORDER TO AVOID OR NEGOTIATE SUCH OBSTACLES. ON COASTING EVENTS SLOW DOWN AND ENJOY THE RIDE.  
I UNDERSTAND THAT MOUNTAIN BIKE TRAINING, ORGANISED SOCIAL RIDES OR RACING COMPETITIVELY IS MORE HAZARDOUS THAN RECREATIONAL RIDING. I REALISE THAT INJURIES ARE A COMMON AND ORDINARY OCCUURRENT OF THIS SPORT.  
I have read and understand the above paragraphs and am voluntarily participating in this activity.  
All competitors also understand the following Conditions of Participation:   
Addition to HIRING OF BICYCLES. The mountain bikes for hire are regularly serviced and undergo a safety check before and after each client has used them BUT AS A SECONDARY SAFETY PROCEDURE, A SECOND SAFTEY ASSESSMENT OF THE BICYCLE MUST BE DONE BY THE PARTICIPANT, a check list is provided below
BRAKES MUST BE FUNCTIONAL
HANDLEBARS ARE TIGHT
A TEST RIDE BEFORE SIGNING THIS WAIVER FORM HAS BEEN DONE BY PARTICIPANT.
AS THE PARTICIPANT, YOU MUST CONTINUALLY ASSESS THE BIKE IS IN THE SAME WORKING CONDITION AS WHEN WAIVER WAS SIGNED, OTHERWISE BICYCLE SHOULD NOT BE RIDDEN UNTILL Forbes MTB Courses has assessed it.
I have read and understand the above paragraphs and am voluntarily participating in this activity. 

2019/2020 Rental Terms and Conditions:

1) I accept full responsibility for all equipment hired by myself, partner, third party
or child if (under the age of 18 years) and agree to pay for any equipment damage incurred during my hire period
and agree to damage costs being withheld from rental bond to cover repair costs.
1b) I accept that even if I purchase ‘FULL Bicycle Damage Cover’ that damage that is considered negligence by the assessor my ‘FULL Bicycle Damage Cover’ will not apply.
2) I declare that all persons are
able to and capable of riding a bike of their own free will and ability.
3) I will be mindful of and apply common
sense to minimise and prevent any danger or risk occurring to myself, partner, third party (or child if under the
age of 18 years), property and hired equipment.
4) I will adhere to all local and government road safety rules,
laws and guidelines whilst riding in both community and public areas.
5) I agree to ensure that myself, partner,
third party (or child if under the age of 18 years) will all wear a helmet (legal requirement) at all times whilst riding
a rental bike, and that equipment is used and applied in a safe manner.
6) I take full responsibility for any and all
equipment hired by myself, partner, third party (or child if under the age of 18 years), and apply suitable
precautions against theft and/or damage by housing or securing safely all hired equipment
7) I agree to be
responsible for myself, partner, third party (or child if under the age of 18 years) and will be held responsible for
all risk taken by myself, partner, third party (or child if under the age of 18 years) during activities.
8) I agree NOT
to lend or loan either bike/s or equipment to a third party during hire period.
9) I agree to return all rental bike/s
and related hired equipment in the same condition as was initially hired to me.
10) ForbesMTBCourses have the
right to refuse to hire any bike or equipment to a person judged incapable of undertaking activities in a manner
which does pose a hazard or safety issue to either themselves, property or third person/s. CANCELLATIONS
and REFUNDS terms are 14 days or less no deposit is returned, however if notice is received within 15 days of
scheduled booking a 25% bond is refunded to hirer. All refunds after commencement of hire shall be at the
discretion of owner/s and incurs a fee to cover administration. By signing and agreeing to the terms and
conditions of this document, you are legally releasing, discharging and indemnifying ForbesMTBCourses owners,
employees and associates from any liability or claim upon the aforementioned for damage/s or loses incurred by
myself, partner or third party (or child if under the age of 18 years) against ForbesMTBCourses. This includes
liability, mishap, accident and/or injury of a personal nature to myself, or property which occurred during the hire
period. The Hirer agrees to:
A) Not use any of the hire equipment in any completive racing howsoever described;
B) Not operate the hire equipment under the influence of any drug nor alcohol;
C) Provide a copy of a current
photo identification card, for example a current Drivers Licence
D) Not lend, hire, lease, sublease, nor sell the
hire equipment to any other person;
E) Not allow any other person to operate the hire equipment
F) Pay all costs,
charges and fees in relation to this Bike Hire Agreement to the Hire Operator
G) At all times operate the hire
equipment in a safe and proper manner in accordance with the hire equipment designed purpose;
H) At all times
comply with the provisions of the QLD traffic act and regulations, as amended, together with all other applicable
Government Road Safety Rules and Regulations, howsoever described whilst operating the hire equipment;
I) At
all times keep the hire equipment maintained in a safe and secure manner during the hire period;
J) Return the
hire equipment to the Hire Operator on or before the expiration of the hire period in a similar condition as the hire
equipment was hired to the Hirer;
k) Acknowledge that in the event the hire equipment is not returned on or
before the expiration of the hire period, that the equipment hire bond in whole or part may be forfeited to the Hire
Operator in accordance with the terms and conditions of this agreement;
l) Pay within the time stipulated all fines
imposed pursuant to any lawful authority including legislation regulation in relation to the hire equipment or the
use of the hire equipment during the hire period;
M) Hire and operate the hire equipment at his/her own risk at all
times under this Hire Agreement;
N) At all times take full responsibility for all persons under the Hire’s legal care,
including but not limited to persons under the age of 18 and persons under a guardianship or similar
arrangement;
3.The Hirer agrees that in the event of damage or breakage to the hire equipment to immediately
return the hire equipment to the Hire Operator.
4.The Hirer acknowledged and agrees that all replacement parts
including labour and repairs howsoever required shall be at the sole cost of the Hirer and must be paid to the
Hire Operator at the time of return of the hire equipment to the Hire Operator and upon assessment of the repairs
required.
5.The Hire Operator reserves the right to refuse to hire any hire equipment to any person at its sole
discretion.
6.Cancellation of a Hire Agreement must be made at least 48 hours to the proposed date of hire by
the Hirer in order for a full refund to be made to the Hirer. No other refunds shall be made by the Hire Operator
under any circumstances.
7.The Hire Operator does not warrant the suitability nor performance of the hire
equipment whatsoever.
8.The Hirer agrees that the Hire Operator accepts no responsibility for damage including
any bodily injury, death, property damage or losses of any nature sustained by the Hirer or any other person
whatsoever and howsoever arising out of an incident in relation to the hire of the hire equipment or any ancillary
there to and The Hirer and his/her executions and administrators and assigns expressly renounce all claims
against the Hire Operator in respect thereof whereby the same may be due to or alleged to be due to any
negligence, act, or omission on the part of the Hire Operator or not. The Hirer hereby releases and indemnifies
and holds indemnified the Hire Operator and all representatives, employee’s suppliers of equipment and owners
of premises from all liability and responsibility whatsoever for personal injury property damage or death
howsoever caused including but not limited to the negligence of the Hire Operator and its related parties as
described above.

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