TERMS & CONDITIONS
The following terms and conditions apply to all participants (Participant) partaking in Balance MTB Skills Coaching programs (Programs). The terms and conditions must be accepted before the Participant will be allowed to partake in the program.
By participating in a coaching session, ride or program you warrant and represent to Balance MTB Skills Coaching that you:
• Declare that you are authorised to accept the conditions set out in these terms and conditions as the named Participant;
• Have carefully read and agree to be bound by the terms and conditions;
• Acknowledge and accept that mountain bike riding carries a degree of risk of injury;
• Agree that you, the Participant, will obey the instructions, direction and decisions of all Balance MTB Skills Coaching staff and coaches (Instructors) whilst participating in the Programs;
• Hereby authorise Instructors to act on my behalf should I require medical attention, and release Balance MTB Skills Coaching and the Instructor from any liability for injury incurred by my participation in the Programs conducted by Balance MTB Skills Coaching and the Instructor;
• Acknowledge that Balance MTB Skills Coaching recommends health insurance, hospital and ambulance cover for all Participants;
• Acknowledge that Balance MTB Skills Coaching recommends all participants maintain public liability and personal indemnity insurance through membership with Mountain Bike Australia (MTBA) or any other suitable agency whilst participating in the Programs;
• Hereby release and forever discharge each of Balance MTB Skills Coaching, and their officers, directors, employees, agents and contractors and sponsors, from any and all claims, suits, demands, expenses, costs, actions and proceedings of any nature whatsoever including negligence, which I, the Participant, my executors or administrators, the Participant's executors or administrators, or any other person has or might assert against any of them arising from, in relation to, incidental to or by virtue of any injury, loss or damage suffered or sustained in connection with participation in the Program or at any time when near the Program;
• Hereby indemnify and hold harmless, and shall keep indemnified and held harmless, each of Balance MTB Skills Coaching, their Instructors, their officers, directors, agents, contractors and sponsors from and against all claims, suits, demands, expenses, costs, actions and proceedings of any nature whatsoever arising from, in relation to or by virtue of: (1) Any injury, loss or damage sustained by the Participant (2) Any injury, loss or damage suffered by any other person as a result of any act, omission, neglect or default on my part, in connection with my participation in the Program at any time when the Participant is near the Program.
EVENT RISK AND LIABILITY POLICY
Balance MTB Skills Coaching events (“Events”) include but are not limited to activities organised through Facebook, Event booking systems and our website. These Events include but are not limited to indoor/outdoor adventure, skills development and education activities. This policy refers to all participants (“Attendees”) of Events, be they members or not, adults or children of related clubs or associations or industry bodies. Whether or not an Attendee has submitted an RSVP for a particular Event, by attending any of the Events all Attendees hereby affirm, acknowledge and agree to the following terms and conditions.
In consideration of Balance MTB Skills Coaching accepting an Attendees participation in any individual Event, Attendees understand that during their participation in any Events they may be exposed to a variety of hazards and risks, foreseen or unforeseen, which are inherent in each Event and cannot be eliminated without destroying the unique character of the Event. These inherent risks include, but are not limited to, personal injury, obvious risk, danger to the Attendees, the possibility of injury and harm and physical exertion for which Attendees may not be prepared, property lost or damage, becoming personally lost, trapped or separated from Event groups, remoteness to normal medical service, weather extremes subject to sudden and unexpected change and evacuation difficulties if Attendees become disabled and the dangers of serious personal injury and death (“Injuries and Damages”) from exposure to the hazards of activities undertaken during Events.
Attendees accept all of the inherent and obvious risks of such Injuries and Damages associated with Events and the possibility of personal injury, death, property damage or loss resulting therefrom and appreciate they are required to exercise extra care for their own person and for others around them in the face of such hazards. They further understand that on any Event there may not be rescue or medical facilities or expertise necessary to deal with the Injuries and Damages to which they may b exposed. Attendees acknowledge that the enjoyment and excitement of Events is derived in part from the inherent risks incurred by the activity beyond the safety of life at home or work and that these inherent risks contribute to such enjoyment and excitement being a reason for the participation of the Attendee.
Therefore in consideration for participating in Events, to the fullest extent allowed by law, Attendees hereby release and forever discharge from all liability and agree not to sue Balance MTB Skills Coaching, its owners, employees, agents, contractors, sponsors and volunteers from any and all claims, suits, demands, expenses, costs, damages or proceedings of any nature whatsoever arising from any Injuries and Damages sustained as a result of an Attendee’s participation in the Event.
Attendees further agree to indemnify and hold harmless Balance MTB Skills Coaching, its owners, employees, agents, contractors, sponsors and volunteers from and against all claims, suits, demands, expenses, costs, actions and proceedings of any nature whatsoever arising from any Injuries or Damages sustained by an themselves or any Injuries or Damages suffered by any other Attendee as a result of any act, omission, neglect or default on an Attendee’s part in connection with an Attendee’s participation in the Event.
Attendees understand and intend that this assumption of risk and release is binding upon their heirs, executors, administrators and assigns. Attendees further agree:
That if an Attendee suffers injury Balance MTB Skills Coaching, its owners, employees, agents, contractors, sponsors and volunteers can arrange medical treatment and emergency evacuation services as they deem essential for the safety of an Attendee and that Attendees are responsible for those costs except to the extent provided by Balance MTB Skills Coaching.
That the details of an Attendee’s injuries and treatment can be released to an authorised employee of Balance MTB Skills Coaching.
Attendees will advise Event organisers if they have any specific medical condition that may affect an Attendee’s safety or the safety of other Attendees.
That Attendees acknowledge that the consumption of alcohol or recreational drugs before or during any Event is prohibited.
That Attendees will submit a urine or blood sample for analysis if required.
That Attendees will adhere to the Code of Conduct published by Balance MTB Skills Coaching from time to time.
PRIVACY & SAFETY POLICY
We respect your privacy
1.1. Balance MTB respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.
1.2. "Personal information" is information we hold which is identifiable as being about you.
Collection of personal information
2,1 Balance MTB will, from time to time, receive and store personal information you enter onto our website, provided to us directly or given to us in other forms.
2,2 You may provide basic information such as your name, phone number, address and email address to enable us to send information, provide updates and process your product or service order. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content
or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.
2.3. Additionally, we may also collect any other information you provide while interacting with us.
How we collect your personal information
Use of your personal information
4.1. Balance MTB may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs.
4.2. Balance MTB may contact you by a variety of measures including, but not limited to telephone, email, SMS or email.
Disclosure of your personal information
5.1. We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services.
5.2. We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.
5.3. We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of Balance MTB, www.balancemtb.com.au, its customers or third parties.
5.4. Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia.
5.5. If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.
Security of your personal information
6.1. Balance MTB is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
6.2. The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy
Access to your personal information
7.1. You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information, which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at firstname.lastname@example.org.
7.2. We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.
Complaints about privacy
8.1. If you have any complaints about our privacy practices, please feel free to email in details of your complaints to email@example.com. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.
10.1. When you visit any of our websites we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.
Third Party Sites
10.3 Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Balance MTB is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.