Terms & Conditions

By attending a session, lesson or ride, or by completing a Participant Information form:

  • You consent to Explore MTB using photos and videos of you that we may take during an activity on any social media platform, website or other marketing material without reference to you and without compensation or payment to you.
  • You warrant that you will wear a helmet that complies with the current Australian Standard, and that your bike is well maintained and in good working order.
  • You assert that on each day you are booked for an activity that you are in good physical condition, not suffering from any contagious disease, that you are not carrying an injury which will affect your ability to participate in the activity, and that you are not under the influence of alcohol or drugs.
  • Explore MTB will only use, disclose or deal with your private information in accordance with our Privacy Policy.
  • You acknowledge that we have informed you that we will not hesitate to call an ambulance if we believe that you need one, and that we strongly encourage all participants to have current Ambulance Victoria membership. You will incur any expense that arises from us calling an ambulance and this includes Air Ambulance.
  • You are personally liable for any injuries or damage to yourself and your equipment.
  • You indemnify Explore MTB, all instructors and staff working for Explore MTB 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, or not being able to participate, in any session, guided ride, instruction or lesson, social ride or any other activity offered by Explore MTB.
    • Explore MTB cancelling any session, guided ride, instruction or lesson, social ride or any other activity offered by Explore MTB.
    • any claim made by you in relation to the provision of our services.

Cancellations

We will proceed with a session in the vast majority of weather conditions so come dressed appropriately with layers that you can adjust if the weather changes.

The session may/will need to be rescheduled if:

  • the temperature is predicted to be above 32 degrees during the session.
  • there are strong winds. This is due to the risk of trees or branches falling.
  • the bushfire rating is Extreme or Catastrophic.
  • the expected rainfall during the session or immediately proceeding it would greatly affect the trails or the safety of participants.

If the session needs to be rescheduled last minute, we will let you know within 1 hour before the session commences.

If you choose to cancel your booking more than 7 days ahead of the booking, you will recieve a refund minus a $10 admin fee. There are no refunds if you cancel 7 days or less before the booking date, though we may issue you with a credit for a future booking. Rescheduling for a one on one lesson/guided ride may be possible but this does not apply to any group sessions or lessons.

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 $60.