Terms and Conditions
Participation Statement
Mountain Biking can be an inherently dangerous activity by design. Momentum Is Your Friend will provide you with training in an appropriately safe working environment and provide you with a fully Qualified and Insured, Coach or Guide. Clients will not be placed under any pressure to perform skills if they do not feel comfortable in doing so.
All our clients are strongly advised to take out their own Personal Income Protection Insurance; it is also advisable to check that your policy covers adventure activities. Momentum Is Your Friend will not accept any liability for injuries or illness caused whilst attending our activities providing that we are not directly at fault’’
All clients are required to sign and agree that they participate on the training at their own risk, and that the Momentum Is Your Friend coach will take all reasonable steps to establish as safe an environment as possible through the risk assessment process before and during the activities. Clients will be required to notify us of any personal disability or medical condition, physical or mental, which may affect their ability to take part in the session. Providing details allows us to do our best to provide you with a great experience.
You are to ensure that you arrive with an appropriate, well maintained fully serviceable mountain bike fit for technical off road trails. (Hybrids and Town Bikes are not suitable, not sure please ask.)
All clients must wear the minimum Personal Protective Equipment – Mountain Bike Helmet, Cycling Glasses and Gloves. Knee Pads and Elbow Pads can be worn if required. It is strongly advised that clients also wear appropriate breathable/comfortable clothing designed for General Sports or specific Mountain Bike use. A small backpack would also be useful to carry spare clothing, food and equipment. Clients should be aware that we will be riding in a wild and hostile environment where the weather can change suddenly and without warning.
All clients are to ensure they bring enough Food and Water to last them throughout the day. Mountain Biking can be physically arduous and combined with potential adverse weather can reduce energy levels significantly.
Clients are respectfully asked to bring their own spare brake pads compatible with their own brake systems and also their own size specific spare Inner tubes. All other emergency spares will be provided by Momentum Is Your Friend as required.
Clients should ride within their own riding experience and limits. Momentum Is Your Friend accepts no liability for any loss, damage or injury to persons or property who are participating on a course/training. Anybody deemed to be compromising the safety of other clients and or Tutors will be asked to dismount the bike and escorted to a safe place for leaving.
Children
Our minimum requirement for children is 8 years of age. However, children at this age vary in physical size and ability, temperament and maturity. The parent/guardian of the child must accept responsibility for ascertaining whether the child in their care is able to participate in the adult MTB learning environment. As parent/guardian, you would also need to ensure the child has a proper, well maintained mountain bike suitable for trail riding. Please ask us if you are unsure about anything related to the child’s participation.
1. Waiver and Release of Liability, Assumption of Risk and Indemnity
1.1. In consideration of Momentum Is Your Friend accepting my participation in any training/coaching session, packages, event conducted by Momentum Is Your Friend which may involve a significant risk of physical harm, I agree to this release of claims, waiver of liability and assumption of risk. I am aware that mountain biking and cycling in general is a recreational activity which may involve, in addition to usual, obvious and inherent risks, personal injury and the possibility of injury and harm and physical exertion for which I may not be prepared. Furthermore, I am aware that this activity could involve remoteness to normal medical service, weather extremes subject to sudden and unexpected change and evacuation difficulties if I am disabled.
1.2. I accept all of the inherent and obvious risks and that mountain biking and cycling in general is a dangerous recreational activity and the possibility (however remote that may be) of personal injury, death, property damage or other loss resulting there from. I acknowledge that I freely accept the usual, obvious and inherent risks incurred by the activity of mountain biking and cycling in general beyond the accepted safety of life at home or work and that these inherent risks contribute to my enjoyment and excitement and are therefore reasons for my participation.
1.3. I hereby release and forever discharge from all liability and agree not to sue Momentum Is Your Friend and its officers, employees, volunteers, agents, contractors, sub-contractors, public bodies, land holders and sponsors from any and all claims, suits, demands, expenses, costs, damages or proceedings of any nature whatsoever arising from any personal injury, death, property damage or loss sustained by me as a result of my participation in a training program, session or event.
1.4. I hereby indemnify and hold harmless Momentum Is Your Friend, its officers, agents, contractors, sub-contractors and sponsors from and against all claims, suits, demands, expenses, costs, actions and proceedings of any nature whatsoever arising from any injury (inclusive of Ambulance fees), loss or damage sustained by me or any injury, loss or damage suffered by any other person as a result of any act, omission, neglect or default on my part in connection with my participation in a training program, session or event.
2. Payment
2.1. You will receive a copy of your coaching fees at time of booking and all fees are subject to full payment before coaching services are rendered.
2.2. Any additional fees for other Momentum Is Your Friend offerings must be negotiated, in advance of the service and mutually agreed upon between Momentum Is Your Friend and client.
2.3. Momentum Is Your Friend have the right to cancel courses/training at any time when the well being and safety of participants is compromised due to riding conditions being unacceptable or for any other circumstances which are outside the control of Momentum Is Your Friend. An alternative date to complete the training session or program, or credit to an agreed value will be given in all circumstances. A full refund will also be considered under some circumstances under the discretion of Momentum Is Your Friend.
2.4. Typically booking for our sessions and clinics will open 2 - 3 weeks before the event date.
3. Refunds/Transfers
3.1. No transfers from one course/training/session will be given in the event a client or clients can not attend. If a client or clients can not attend then the conditions of clause 3.2 below will be employed.
3.2. A full refund is available for cancellation with more than seven days prior to the course/training/session start date. A cancellation less than seven days to the course/training/session start date will result in Momentum Is Your Friend retaining 100% of the course/training/session fees. Momentum Is Your Friend cannot cater for refund requests arising from injuries, sickness or illness (of any type), change of mind or other reasons a client or clients may have.
3.3. All prices are quoted in AUD (Australian Dollars).
4. Confidentiality
4.1. I agree that the services provided by Momentum Is Your Friend are strictly confidential and may not be disclosed to any third party without the express written consent of Momentum Is Your Friend, including but not limited to, the materials provided to me from Momentum Is Your Friend, the techniques and methodologies used by Momentum Is Your Friend and its staff in rendering Services under this arrangement and the substance of the communications between Momentum Is Your Friend and myself. I agree that I shall not reproduce any materials provided to me by Momentum Is Your Friend and, further, that I will not remove any proprietary markings from materials provided to me from Momentum Is Your Friend, including any confidentiality notices and/or copyright notices.
4.2. It is expressly understood and agreed that Momentum Is Your Friend is the sole and exclusive owner of all concepts, programs, ideas, materials, copyrights, trademarks and other intellectual property rights associated with the Services.
5. Media & Images
5.1. I agree that my name, results, photographs, video, audio recordings, multimedia or film likeness can be used for advertising purposes by Momentum Is Your Friend on mutual agreement between myself and Momentum Is Your Friend.