MOTOSCHOOL – Terms and Conditions

1.            About these terms

1.1.        In these Terms, “Motoschool”, “we”, “us” or “our” means Motoschool Pty Ltd ACN ACN 663 977 768 and our assigns, subsidiaries, directors, officers, employees, contractors, agents, representatives, consultants, sub-contractors, volunteers and invitees. 

1.2.        “you” or “your” means the person, company, association or organisation who accepts these terms and conditions (“Terms”).  

1.3.        Additional definitions are set out in clause 9.1.

1.4.        Before making a booking, or accepting a booking made on your behalf, to participate in an Event you should carefully read these Terms. 

1.5.        These Terms form an agreement between us and you when you make, or accept, a booking to participate in an Event. If a person, company, association or organisation makes a booking on your behalf, they do so as your agent and bind you to these Terms.

1.6.        By making a booking, or accepting a booking made on your behalf, you agree to the obligations imposed on you under these Terms. If you don’t agree to the Terms, you should not make a booking or accept a booking made on your behalf.

2.            Participant Waiver

2.1.        Participation in an Event is conditional on you, and any person you bring to an Event, signing the Participant Waiver, pursuant to which you:

(a)          acknowledge that the activities undertaken at the Venue and during an Event are dangerous, may result in serious injury, death and/or damage to property, and that you participate in an Event and attend the Venue at your own risk; and

(b)          indemnify and release us, the Owner and the Operator, and their respective directors, officers, employees, agents, representatives, contractors, consultants, volunteers, assigns, sub-contractors and invitees, from all liability for any loss, damage, injury, cost, expense, liability, charge, claim, causes of action and expense arising in connection with your participation in an Event.

3.            Bookings and Payment

3.1.        To make a booking, we collect and retain the following information from you:

(a)          Full name;

(b)          Address;

(c)           Date of birth;

(d)          Email address;

(e)          Mobile number;

(f)            Motorcycle licence (if applicable); and

(g)          Motorcycling Australia licence and/or Motosport Australia licence (if applicable).  

3.2.        You represent and warrant that all information you provide us is true, complete, accurate and up to date, and you undertake to maintain the truthfulness, completeness and accuracy of such information as necessary.

3.3.        You acknowledge that we may use the information you provide us to confirm your booking, contact you about your booking and otherwise in accordance with our Privacy Policy. 

3.4.        Full payment must be made online at the time of booking.

3.5.        You acknowledge and accept that all payments are processed by Stripe. Payments submitted via Stripe are subject to the terms and conditions published on the Stripe website (collectively, the “Stripe Services Agreement”). By using Stripe to process payments, you agree to be bound by the Stripe Services Agreement, which may be modified by Stripe from time to time.

3.6.        We will confirm your booking as soon as reasonably practicable after we receive full payment for your booking.

4.            Postponement, Cancellations and Refunds

4.1.        Once you have paid for a booking, you are unable to change your booking to a different Event.

4.2.        We do not guarantee that an Event will be held at the time and date specified in your booking.  We reserve the right to change the time, date, Venue and type of any Event, for any reason.  If we change your booking and you are unable or unwilling to attend the rescheduled Event, you are not entitled to a refund.

4.3.        To the fullest extent permitted by law, you acknowledge that you are not entitled to any refunds, including fees for equipment hire.

4.4.        If you are unable to attend an Event, you may sell your booking to another person so long as you notify us in writing at least 48 hours before the Event and the person you sold your booking to agrees to be bound by these Terms and provides us with the information in clause 3.1. 

4.5.        We are not responsible for any loss, damage, injury, cost, expense, liability, charge, claim or expense suffered or incurred by you if we change your booking or if you are unable to attend your booked Event.

5.            Motorcycles, Equipment & Licences

5.1.        You must provide your own motorcycle.  

5.2.        You are responsible for ensuring that your motorcycle is in a track worthy condition and passes scrutineering on the day of your booked Event.

5.3.        If your motorcycle doesn’t pass scrutineering or isn’t in a track worthy condition, you will not be able to participate in an Event on that motorcycle.  If you are unable to furnish a motorcycle that passes scrutineering and is in a track worthy condition, you will not be able to participate in an Event and you will not be entitled to a refund.

5.4.        During an Event, we reserve the right to stop you from participating in the Event if, in our reasonable opinion, we consider that your motorcycle wouldn’t pass scrutineering or is not in a track worthy condition.

5.5.        You will not be permitted to participate in an Event unless you have the following track worthy equipment which complies with all relevant laws, regulations and standards:

(a)          riding leathers;

5.6.        If, in our reasonable opinion, your equipment is not track worthy, or otherwise doesn’t comply with any relevant laws, regulations and standards, you will not be able to participate in an Event and you will not be entitled to a refund.

5.7.        You may be able to hire equipment from us, subject to us having stock in your size.

5.8.        If you hire equipment from us, you indemnify and release us from any loss, damage, injury, cost, expense, liability, charge, claim or cause of action arising in connection with your use of the hired equipment, including, without limitation, if the equipment is deemed to be defective. You are solely liable for any damage or destruction to any equipment you hire. 

5.9.        If you are 18 years or older, you must hold a current Australian motorcycle licence, a Motorcycling Australia licence or a Motorsport Australia licence.  If you are a Minor, you must hold a current Motorcycling Australia licence or Motorsport Australia licence and an Australian motorcycle licence, if eligible. 

5.10.     If you don’t have the relevant licences (as applicable), you will not be able to participate in an Event and you will not be entitled to a refund.

5.11.     You must be 13 years or older to participate in an Event as a rider.

6.            On the Day of an Event

6.1.        You must arrive at the time and location specified in your booking confirmation, or as otherwise communicated to you by us.

6.2.        If you are late, you may not be able to participate in an Event.

6.3.        You must complete a safety briefing session and sign a Participant Waiver.  If you don’t do either of these things you will not be able to participate in an Event.

6.4.        You must comply with all directions given by Motoschool and Venue staff, and comply with all rules and conditions of the Venue. 

6.5.        You must behave, and must ensure that anyone you bring to an Event behaves, in a respectable and orderly manner during an Event.  We reserve the right to stop you from participating in an Event and evict you from the Venue if you or your invitees fail to comply with this clause.

6.6.        You must ensure that any person you bring to an Event complies with these Terms.

6.7.        You are solely responsible for your driving at an Event and you must take all precautions necessary for your safety and the safety of others during an Event, including driving to the conditions.  We reserve the right to stop you from participating in an Event if we consider that your driving is putting yourself or others at risk.

6.8.        We reserve right to change your riding group during an Event.

6.9.        We are not responsible for any reduced track time, however caused.

6.10.     We do not guarantee that any people you bring to an Event will be permitted to enter the Venue.

6.11.     Subject to the Venue’s terms and conditions, you may be permitted to bring a guide dog to an Event.

6.12.     If you are participating in an Event as a rider you must not have any alcohol or illicit substances in your system.  You acknowledge that we have the right to test you at any time for the presence of alcohol or illicit substances.  If we test you and you have traces of alcohol or illicit substances in your system, you will be immediately evicted from the Venue.  If you refuse to be tested for alcohol or illicit substances, you will be immediately evicted from the Venue.  If you breach this clause, you will not be permitted to participate in any future Events.

6.13.     If you are injured during an Event, we reserve the right to arrange medical treatment for you as we deem necessary for your safety and the safety of others.  You are solely liable for any costs, expenses, fees, charges or liabilities that may arise under this clause.

6.14.     If you are injured during an Event, you authorise us to provide any information you have provided us to any entity as reasonably required.  

7.            Minors

7.1.        If you are a Minor, you must get your Guardian’s consent to participate in an Event and your Guardian must agree to be bound by these Terms (in their personal capacity and on your behalf).  Your Guardian must also sign a Participant Waiver.

7.2.        If you are a Guardian who has consented to a Minor’s participation in an Event, you agree to:

(a)          be bound by these Terms;

(b)          assume all risk associated with the Minor’s participation in the Event;

(c)           assume all liabilities resulting from the Minor’s participation in the Event; and

(d)          ensure the accuracy of all information submitted to us by the Minor or by you on behalf of the Minor.

8.            General

8.1.        You, any Minor you are responsible for or any person you have brought to an Event will be prevented from participating in an Event and immediately evicted from a Venue if any person referred to in this clause breaches any provision in these Terms. 

8.2.        We may assign, sub-contract, or otherwise transfer any or all of our rights and/or obligations under these Terms. You may only assign, subcontract, or otherwise transfer any or all of your rights and/or obligations with our prior written consent, which can be refused at our absolute discretion.

8.3.        These Terms, and any document expressly incorporated in it, contains the whole agreement between us and you in respect of the subject matter of these Terms and supersedes and replaces any prior written or oral agreements, representations or understandings between us and you. You confirm that you have not relied on any representation that is not expressly incorporated into these Terms.

8.4.        Any provision of these Terms which is void or unenforceable may be severed from this agreement without affecting the enforceability of other provisions.

8.5.        These Terms will be governed by and construed in accordance with the laws of New South Wales and the parties submit to the exclusive jurisdiction of the courts of New South Wales.

9.            Definitions

9.1.        In these Terms, the following expressions have the following meanings:

(a)          “Event” means an event organised by Motoschool;

(b)          “Guardian” means a parent or legal guardian of a Minor;

(c)           “Minor” means someone who is under the age of 18;

(d)          “Operator” means the operator, manager or leaseholder, as the case may be, of a Venue;

(e)          “Owner” means the owner of a Venue;

(f)            “Participant Waiver” means the waiver outlined in clause 2; and

(g)          “Venue” means any venue where an Event is held.