Please carefully read this important information about your Trailhead Coaching 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

• In these Terms and Conditions the following definitions apply:

Where:

• Jo Wall provides the services during a Session, then “Trailhead Coaching” (ABN 86 584 235 505), “we”, “us”, “our” includes it’s directors and employees; or
• a coach provides the services during a Session then “Trailhead Coaching”, “we”, “us”, “our” means that particular coach or coaches being Jo Wall, Natalya Garden, Jack Kelly, Charlie Baker, Lachy Warren, Al Brasher, Ross Richards, Roz Bradley, Gus Bradley, Amber Kelly, Tyler Blackmore.
• where Jo Wall and a Coach (or Coaches) provide the services during a Session then then “Trailhead Coaching” (ABN 86 584 235 505), “we”, “us”, “our” means the Coach/Coaches.

“You”, “your” means the participant of Trailhead Coaching 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

• 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.
• Unless you give us no less than 48 hours’ notice, if you are unable to attend a skills Session you will not be given a credit and all payments received shall be forfeited.
• 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.
• All participants must wear recommended safety gear – see below.
• 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.
• No rider shall use offensive language.
• 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.
• We reserve the right for us to cease your participation in any of our activities if you fail to follow our safety rules or group agreement; or if you become agitated or aggressive towards staff or other participants or members of the public.

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 you participation in the activity.

EQUIPMENT

• In an effort to reduce the risk of injury you agree to wear or bring 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 noting that full-finger gloves are our preference

WET WEATHER POLICY

• Trailhead Coaching 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 due to wet weather will be rescheduled.

AMBULANCE & 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.

SESSIONS

• 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. 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.
• WARRANTIES – You warrant to us that you:
• have obtained a clear check-up from a medical practitioner in the last 30 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 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 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.
• RELEASE AND INDEMNITY – To the fullest extent permitted by law, you indemnify Trailhead Coaching and its directors, contractors and employees for any loss, damage or injury howsoever caused (including through our negligence), on a solicitor client basis, 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.
• CONTRACTORS – Some contractors may be engaged as Coaches to provide some, or all, of the services for a Session. Fees for services are paid directly to these contractors. 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 Trailhead Coaching. You hereby release, indemnify and agree to keep indemnified, Trailhead Coaching for any loss Trailhead Coaching suffers due to a claim made by you as a result of an act or omission by a contractor.  Trailhead Coaching will at all times assist, where possible, to resolve any conflict or issues with contractors.
• IMAGES AND VIDEOS – By participating in a Session or 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 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. Trailhead Coaching 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 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.

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 us to you which cannot be excluded, restricted or modified (Statutory Rights).
• Our liability is governed solely by the ACL and these terms and conditions. We 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 we expressly disclaim 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 we guarantee that the Services:
  • we supply to you are rendered with due care and skill;
  • will be fit for the purpose that we advertise; and
  • will be supplied within a reasonable time.
• To the extent we are unable to exclude liability, our total liability for loss or damage you suffer or incur from using our Services is limited to us re-supplying the Services to you, or, at our option, refunding to you the amount you have paid us for the Services to which your claim relates.

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

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 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.
• 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

• Trailhead Coaching 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.

This document has been provided by the Contract Company – www.contractcompany.com.au