Fat bike terms and conditions

WARNING: The activity of cycling has some element of danger. Injury is possible. Please ride with care and responsibility. Take notice of and follow these terms and conditions.

1. The Hirer must be 18 years of age or older and in good health and physical fitness. 

2. By accepting these Terms and Conditions of Hire the Hirer acknowledges that the Hire Items were in good condition upon delivery.

3. The Hirer must not breach the provisions of the Road Traffic Act 1961 (SA) (as amended from time to time) when riding a hire Bike. Some of these provisions include: 

  a. Helmets must be worn and fastened at all times when riding. 

b. Bikes ridden at night must be fitted with lights which must be turned on during hours of darkness. 

c. Bikes must not be ridden recklessly or without due care and attention. 

d. Bikes must not be ridden by persons under the influence of alcohol or drugs. The hirer must ensure that bikes are not ridden on prohibited areas. 

4. The Hirer must: 

a. satisfy itself at delivery that the Hire Items are suitable for its purposes; operate the Hire Items safely, only for their intended use, and using all relevant safety gear, and in accordance with any instructions whether advised by SandMax Cycling or supplied with the Hire Items. 

b. at all times wear an Australian approved bike helmet; 

c. keep the hired items in their own possession and control; 

d. on termination of the Hire, the Hirer shall return the Hire Items complete with all parts and accessories in good order as delivered, fair wear and tear excepted; 

e. obey the directions and instructions of SandMax Cycling’s employees; 

f. keep and maintain the Hire Items in a working order, so that the Hire Items are suitable for rehire by SandMax Cycling; 

g. ensure the that the Hire Items are stored securely, whenever it is not in use, including the use of a lock which is to secure the bike to an immovable object; 

h. shall not assign the benefit of the hire contract nor be entitled to any lien over the Hire Items; 

i. not alter or make any additions to the Hire Items including but without limitation altering, make any additions to, defacing or erasing any identifying mark, plate or number on or in the Hire Items or in any other manner interfere with the Hire Items; 

j. not use headphones, cameras, phones, portal music devices while riding; 

k. The Hirer acknowledges that the hiring is personal to the Hirer and the Hirer must not allow any third party to use, re-hire or take possession of the Hire Items at any time for any purpose without the consent of SandMax Cycling.

5. The Hirer must not adjust any part of the bike other than the seat.  

6. The Hirer must be a competent cyclist. 

7. The Hirer must wear suitable clothing and footwear for riding a bicycle. This includes clothing that does not restrict movement and comfortable, enclosed footwear.

8. The Hirer will not store the Bike lock near any moving part of the Bike.  

9. The Hirer must ensure that all hire items are locked or placed in a secure place when not in use. 

10. Hires will not proceed if SandMax Cycling decides in its absolute discretion, whether for safety reasons or any other reason, to cancel a Hire at any time. Should a Hire not proceed then SandMax Cycling reserves the right to re-schedule the Hire at the Hirer’s convenience, issue a refund voucher to the Hirer, or reimburse the Hirer the price paid for a Hire, but otherwise SandMax Cycling shall not be liable for any loss or damage (including travel expenses or any other out of pocket expenses) relating to the cancellation of a Hire. Hires are not refundable, except in accordance with these Terms or as agreed in writing by SandMax Cycling. 

11. Extensions of existing hires are subject to availability. 

12. The Hirer acknowledges that no credit or cash refund will be provided in case of early return of Hire Items. 

13. Once payment has been received, booking cancellations either in part or full, will incur a cancellation fee dependent on the notice given:

a. More than 7 days prior to hire: no charge. 

b. 3-7 days prior to hire: $50.00

c. 2 days or less prior to hire: full payment will be retained.

14. Refunds, where permitted, will only be made to the person who purchased a Hire from SandMax Cycling. 

15. All risk for the Hire Items passes to the Hirer upon collection or delivery. The Hirer accepts full responsibility for the safe keeping of the Hire Items and indemnifies SandMax Cycling for all loss theft or damage to the Hire Items however caused and without limiting the generality of this Clause, whether or not such loss, theft or damage is attributable to any negligence failure or omission of the Hirer. The Hirer accepts full responsibility for and shall keep SandMax Cycling indemnified against all liability in respect of all actions, proceedings, claims, damages, costs and expenses in respect of any injury to persons or damage to property arising out of the use of the Hire Items during the Hire Period however arising and whether or not arising from any negligence, failure or omission of the Hirer or any other persons. The Hire Items are and will at all times remain the absolute property of SandMax Cycling , nonetheless, all risk for the Hire Items passes to the Hirer on and from the commencement of the Hire Period until the Hire Items has been returned into the possession of SandMax Cycling. 

16. The Hirer authorises SandMax Cycling to charge the nominated credit card to recover costs associated with the loss, theft, or damage of hired equipment at current Australian recommended retail prices.

17. The Hirer agrees that to the extent permitted under applicable law, in no event will SandMax Cycling or its officers, employees, directors, affiliates, or agents be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenue, profits, goodwill, use, data, lost opportunities, or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of or access to, or the inability to use or to access, the Hire, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise. To the extent permitted by law, SandMax Cycling limits its liability for breach of any term, condition or warranty implied by statute and that cannot be legally excluded to, at SandMax Cycling’s option: 

(i) refunding the price of the goods or services in respect of which the breach occurred; or 

(ii) providing, replacing or repairing those goods or providing those services again. 

18. To the maximum extent permitted by applicable law, in no event shall SandMax Cycling’s aggregate liability for any claims arising out of or related to these Terms and Conditions exceeding an amount equal to the booking fee actually retained by SandMax Cycling in connection with the Hire giving rise to such claim. It shall be the Hirer’s responsibility to make all necessary enquiries and take any action it considers necessary if it requires insurance or to have insurance coverage that covers it in respect of any goods or services provided by SandMax Cycling, prior to proceeding with a booking. 

19. The Hirer accepts that Bike riding is a dangerous activity and has inherent dangers and risks, including the risk of injury or death to the Hirer. The Hirer accepts that in undertaking such activities, they do so at their own risk. The Hirer further acknowledges and agrees that due to the nature of the activity, it would be unreasonable for SandMax Cycling to be in any way responsible for any injury to or death of the Hirer and the Hirer, to the full extent permitted by law, waives all of their legal rights of action against and fully releases SandMax Cycling for loss, damages, injury or death howsoever arising out of or in relation to the participation by the participant in the activities conducted or organised by SandMax Cycling including without limitation, liability for any negligent or tortious act or omission, breach of duty, breach of contract or breach of statutory duty on the part of SandMax Cycling, its office bearers, directors, employees or agents.

20. In this Terms and Conditions of Hire, where a party comprises more than one person, those persons shall be bound by this hire contract and terms and conditions, jointly and severally. 

21. These Terms and Conditions of Hire will be governed by and interpreted according to the laws of South Australia. Both parties agree to submit to the exclusive jurisdiction of South Australia.

22. If any provision set out in these Terms and Conditions of Hire is held to be invalid by a Court of law, the other remaining provisions will remain valid.

23. Terms

a. “Bikes” in these terms and conditions refers to all rideables hired including but not limited to Fat bikes, road bikes, e-bikes and mountain bikes. 

b. Hirer means the person who has executed these Terms and Conditions of Hire. 

c. “Hired Items” means the things hired and/or provided to the Hirer by SandMax Cycling including but not limited to Bikes.

d. “SandMax Cycling” means Peter Bruce Oerman trading as SandMax Cycling and includes its directors, associated entities, employees, agents and assigns

AS A CONDITION OF HIRE, THE DEPOSIT OR BOND WILL BE FORFEITED OR YOUR CREDIT CARD WILL BE CHARGED FOR BREACHES OF CONDITIONS OF HIRE INCLUDING: 

1. Failure to comply with the provisions of the South Australian Road Traffic Act. 

2. Dinking (more than one person on a bicycle designed for one person). 

3. Riding into soft wet sand or the sea. 

4. Riding on jetties. 

5. Loss or theft of bikes. 

6. Lost, stolen or damaged helmet, lock, and key (key must be returned with lock). 

7. Bikes not returned inside bike hire building during business operating hours. 

8. Identification number of bike returned does not match the number of the bike hired. 

9. Any damage, including but not limited to buckled wheels, tyres skidded through to the canvas and bent forks or frames. With the Hirer to pay all repair costs, or if repair is untenable, pay for a replacement of the Hired Item/s.

Free recovery and/or replacement service in the unlikely event your bike breaks down.

(Breakdowns include: flat tyres, chain problems, gear problems, etc.)

Phone: 0488 921 945

Average time for recovery/replacement is 20 minutes in busy times as we have a 25km per hour speed limit in place for all beach vehicles.

PLEASE NOTE: This service is not free if you have maliciously damaged your bike.

Signature of Hirer: ____________________________________________

Full name of Hirer: ____________________________________________

Hirer’s postal address: _________________________________________

Date: ________________________________________________________

For parents/guardians of children. The below clauses are in addition to the Terms and Conditions of Hire. 

24. The Hirer is the relevant parent/guardian who arranges this Hire. 

25. The Hirer undertakes to SandMax Cycling that:-

 a. The child has the requisite skill to use the hire items selected by you. 

b. The child is in good health and physical fitness. 

c. The Hired Items are suitable for use by the child.

26. The Hirer will at all times supervise the child and will be responsible for the child's riding behaviour.

27. The Hirer is responsible for ensuring that they and the child comply with these Terms and Conditions and Hire at all times. 

28. The Hirer releases and indemnifies SandMax Cycling to the maximum extent permitted by applicable law, from liability for any claims arising out of or related to these Terms and Conditions exceeding an amount equal to the booking fee actually retained by SandMax Cycling in connection with the Hire giving rise to such claim in relation to the child or any third party.

29. The Hirer accepts that Bike riding is a dangerous activity and has inherent dangers and risks, including the risk of injury or death to the child. The Hirer accepts that in allowing the child to undertake such activities, they do so at their own risk and indemnify SandMax Cycling from any liability. The Hirer further acknowledges and agrees that due to the nature of the activity, it would be unreasonable for SandMax Cycling to be in any way responsible for any injury to or death of the child and the Hirer, to the full extent permitted by law, waives all of their legal rights of action against and fully releases SandMax Cycling for loss, damages, injury or death howsoever arising out of or in relation to the participation by the child in the activities conducted or organised by SandMax Cycling including without limitation, liability for any negligent or tortious act or omission, breach of duty, breach of contract or breach of statutory duty on the part of SandMax Cycling, its office bearers, directors, employees or agents. 

Full name of child:____________________________________________

Date of birth of child:__________________________________________

Signature of Hirer: ____________________________________________

Full name of Hirer: ____________________________________________

Hirer’s postal address: _________________________________________

Date: ________________________________________________________