1. Participation in MAAP Rides
1.1 Compliance with these Terms
These terms apply to each and every MAAP Ride in which you participate. In order to participate in any MAAP ride, you must agree to, and comply with, these Terms at all times. YOU MUST NOT PARTICIPATE IN ANY MAAP RIDE IF YOU DO NOT AGREE TO THESE TERMS.
Ride Leaders and MAAP have the authority to direct any Rider considered by MAAP or a Ride Leader to be acting not in compliance with these Terms, or to otherwise be riding in an unsafe manner, to cease participation in or not participate in a specified MAAP Ride, or any future MAAP Rides. You must comply with such direction.
1.2 Your skill and experience
You are solely responsible for ensuring you have the correct skills, experience, preparation and equipment to participate in any MAAP Ride which you sign up to attend. You represent and warrant that:
(a) you are aged 18 or over;
(b) you have the skills, health and fitness competence and experience necessary to participate in the applicable MAAP Ride;
(c) you will participate using a road legal, well-maintained bike with working brakes and suitable tyre pressure for the conditions;
(d) you can complete basic repairs to your bike unassisted; and
(e) you will be self-sustained to complete your journey, including but not limited to carrying water bottles, food, front and rear lights and your own repair/tool kit.
You acknowledge and agree that that MAAP does not provide on-road support during any ride events and is not responsible for mechanical repairs, medical assistance or other services.
2. Acknowledgement of risks
You acknowledge and agree that:
(a) MAAP Rides are conducted on public roads and all such rides are recreational activities which inherently involve a significant degree of physical exertion, physical risk and danger; and
(b) you will be personally responsible for any fees or costs incurred or arising from an accident either involving or caused by you. This includes fees from Police, Air Ambulance, Fire and Rescue and the Ambulance service.
You understand that all applicable rules for participation in a MAAP Ride must be followed and that you are SOLELY RESPONSIBLE FOR YOUR PERSONAL SAFETY AND PERSONAL POSSESSIONS, including physical and emotional preparation, and health and fitness to participate in any MAAP Ride or event.
You acknowledge that this is a risk warning as applicable under each State Consumer Law and any other applicable law.
3. Directions and Safety
3.1 MAAP Directions
You agree to follow all reasonable instructions given by Ride Leaders, including with respect to speed, directions, or route changes.
3.2 Road Safety
When participating in MAAP Ride, you must:
(a) follow and obey all road rules related to bicycles in the state of the MAAP Ride, including by the Road Safety Road Rules 2017 (Vic) or equivalent;
(b) at all times during the ride wear an appropriately certified helmet, complying with the latest EN1078, ANSI Z90/4 or SNELL standards;
(c) not ride with headphones at any point; and
(d) carry a working mobile phone and appropriate identification.
3.3 Notification of emergency services
If the situation arises that you are in an accident and are not capable of deciding to call the emergency services, the rider agrees that a Ride Leader or a member of the public/another rider may call for them.
All Riders are expected to conduct themselves in a manner that does not discredit themselves or the MAAP brand. Without limiting the foregoing, you agree:
(a) you must be considerate to other users when riding on or off-road;
(b) aggressive behaviour, be it violent or abusive or erratic - directed to Ride Leaders, ride members, other road users or the general public - of any manner will not be tolerated. Abusers may be required to leave the ride immediately and may be excluded from all future rides; and
(c) you must not to drop or leave any litter on any part of the ride and must dispose of it responsibly at an appropriate place or bin. Any Rider found littering may be banned from ride events.
MAAP recommends all Riders have personal liability insurance suitable for participation in the MAAP Ride. You acknowledge and agree that you have been advised that you should have your own personal insurance in place before participating in the MAAP Ride, and understand that:
(a) the other participants in the MAAP Ride may include people who may or may not have individual rider insurance; and
(b) if you do not hold suitable insurance, you may be personally liable for losses arising from your participation in the MAAP Ride.
4. Liability and waiver
(a) To the greatest extent permitted by law, MAAP and its Representatives hereby exclude any liability (including in relation to any warranty or guarantee) for any loss, damage or liability to you or your personal possessions arising out your participation in a MAAP Ride, including in respect of any death, physical or mental injury, or any aggravation, acceleration or recurrence of any condition.
(b) You agree to indemnify and hold harmless MAAP and its Representatives from and against any claims, liabilities, losses, damages, proceedings or actions including reasonable attorneys' fees and any settlements or ex gratia payments arising from your conduct or your participation in the MAAP Ride.
(c) Nothing in this document excludes, limits or modifies the application of the Consumer Law or the exercise of any rights or remedies conferred by the Consumer Law where to do so would contravene the applicable Consumer Law. To the greatest extent permissible by law, the maximum liability of MAAP and its Representatives to you for a breach of any non-excludable guarantee under the Consumer Law is limited to the resupply of the MAAP Ride or an amount equal to the cost of the resupply of the MAAP Ride to you or your nominee.
(a) MAAP reserves the right to cancel or modify any scheduled MAAP Ride at any time.
(b) These Terms are governed by and construed in accordance with the laws of Victoria. The parties to this Agreement submit to the non-exclusive jurisdiction of the Courts of Victoria.
(c) These Terms, and any provision of the Terms, are not to be construed to the disadvantage of a party because that party was responsible for their preparation.
(d) Headings in these Terms are intended for convenience of reference only. Forms of words will be construed to include singular or plural, and any gender, masculine, feminine, or neutral, as the context requires, and "including" means "including but not limited to". Person includes a company, trust, body corporate or other legal person. Reference to a person includes an individual, corporation, trust or statutory body.
(e) Nothing in these Terms will be construed as creating a relationship of partnership, of principal and agent or of trustee and beneficiary between you and MAAP or any MAAP employee, agent or officer.
(f) Any provision of these Terms (or any part thereof) which is invalid in any jurisdiction must, in relation to that jurisdiction:
(i) be read down to the minimum extent necessary to achieve its validity, if applicable; and
(ii) be severed from these Terms in any other case, without invalidating or affecting the remaining provisions of the Terms or the validity of that provision in any other jurisdiction.
Consumer Law means Schedule 2 of the Competition and Consumer Act 2011 (Cth), and each State Consumer Law.
MAAP means MAAP Co. Pty. Ltd. ABN 31 608 799 631.
MAAP Ride means any group recreational bike ride organised through MAAP.
Representatives means any employee, officer, related bodies corporate (as that term is defined in the Corporations Act 2001 (Cth)), contractor or agent of MAAP.
Rider means any person participating in a MAAP Ride.
Ride Leader means the MAAP representative leading the MAAP Ride.
State Consumer Law means the Civil Liability Act 2002 (WA), Civil Liability Act 2002 (NSW), Australian Consumer Law and Fair Trading Act 2012 (Vic), Civil Liability Act 2003 (QLD), Fair Trading Act 1987 (SA) and Civil Liability Act 2002 (TAS).
Terms means these terms and conditions.
You means the person consenting to these Terms.