1. Assumption of Risk

I acknowledge that cycling, including riding a hired bicycle on roads, paths, trails or other terrain, is an activity that carries inherent risks of injury, illness or death, and risk of damage to property, whether arising from my own actions, the actions of others, the condition of the Equipment, or the condition of the road, track or trail. These risks include but are not limited to:

• collision with vehicles, pedestrians, animals or other cyclists;

• mechanical failure, defect or malfunction of the bicycle or its components;

• changing weather, road, track or traffic conditions;

• loss of balance or control, falls, and uneven, wet or loose surfaces; and

• my own fitness, experience and skill level being inadequate for the ride undertaken.

• I voluntarily choose to hire and ride the Equipment with full knowledge of these risks and confirm that I am medically fit and physically capable of riding a bicycle safely.

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2. Rider Responsibilities and Road Rules

• I will wear an Australian Standards-approved bicycle helmet at all times while riding, as required by Victorian road law.

• I will comply with the Road Safety Road Rules 2017 (Vic) and all other applicable road and traffic laws at all times.

• I will not ride the Equipment while under the influence of alcohol or drugs.

• I will not allow any person other than the Hirer named above to ride the Equipment.

• I will use lights and reflective/high-visibility clothing if riding between sunset and sunrise or in poor visibility.

• I will not use the Equipment for jumps, stunts, racing, or off-trail mountain riding unless the bicycle has been hired specifically for that purpose.

• I am responsible for locking and securing the Equipment whenever it is left unattended, and for its safe storage overnight if applicable.
   

3. Damage, Loss and Theft

I accept responsibility for the Equipment for the full duration of the hire period and agree to return it in the same condition as received, fair wear and tear excepted.

I agree to pay the Business the cost of repair, or full replacement value, for any damage to or loss of the Equipment occurring during the hire period, including through theft, however caused, except to the extent the damage or loss was directly caused by the Business's own negligence.

I authorise the Business to charge any such amount, together with any late-return or cleaning fees set out in its current price list, to the card or bond held on file.

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4. Release, Waiver and Indemnity

To the maximum extent permitted by law, in consideration of the Business agreeing to hire me the Equipment, I release and discharge the Business, its owners, employees and agents from all liability, and waive any right I may have to bring a claim against them, for any personal injury, illness or death, or loss of or damage to property, arising out of or connected with my hire and use of the Equipment, including where caused by the negligence of the Business, its employees or agents.

I further agree to indemnify the Business against any claim made against it by a third party arising from my use of the Equipment, to the extent that claim arises from my own act or omission.

Nothing in this Agreement excludes, restricts or modifies any consumer guarantee, right or remedy conferred on me under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or the Fair Trading Act 2012 (Vic) that cannot lawfully be excluded, restricted or modified. Where permitted by law (including in relation to recreational services under section 139A of the Competition and Consumer Act 2010 (Cth)), the exclusions and limitations of liability in this clause apply to the fullest extent the law allows.

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5. Privacy

Personal information collected on this form is used only to administer this hire and, where relevant, to pursue recovery of amounts owing for loss or damage to the Equipment. It will be handled in accordance with the Business's privacy policy and the Privacy Act 1988 (Cth).

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