Club Planet Terms and Conditions

EVENT, RIDE  AND CLUB LEGAL DISCLAIMER and INDEMNITY WAIVER

PLANET CYCLES CLUB MEMBERSHIP and RIDES TERMS AND CONDITIONS

THIS IS AN IMPORTANT DOCUMENT AND YOU SHOULD READ IT CAREFULLY BEFORE AGREEING TO THE TERMS AND CONDITIONS OF PLANET CYCLES MEMBERSHIPS.

UPON AGREEING TO THIS MEMBERSHIP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IN CONSIDERATION OF MY APPLICATION FOR MEMBERSHIP BEING ACCEPTED I ACKNOWLEDGE AND AGREE TO THE FOLLOWING:

  1. In these terms:
    • a. "Planet Cycles" means and includes Planet Cycles Ltd (ABN 25070051400) trading as Planet Cycles, its subsidiaries, directors, officers, servants, agents, ride guides and members.
    • b. "Claim" means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising including but not limited to negligence.
    • c. "Cycling Activities" means performing or participating in any capacity, including as a Member, in any authorised or recognised Planet Cycles activities.
    Membership. I hereby declare that I am aware of no reason why I should not be issued with the Planet Cycles Club Membership that I have requested by virtue of signing these membership conditions. I assume exclusive liability for the application and for the use that I shall make of the membership if it is granted.
  2. Rules of membership and participation
    I hereby undertake to abide by the rules and policies of the Planet Cycles Club and its Events and Rides. I shall participate in cycling events in a safe and considerate sporting manner. I shall submit to disciplinary measures taken against me, which may include but not be limited to refusal of participation in Planet Cycles Events and Rides and the possible cancellation of Membership. This policy applies to:
    • a. Any person participating in any Event or Ride under the control of Planet Cycles or on any facilities of Planet Cycles.
    • b. Any person who has participated in the last 12 months or who has used Planet Cycles facilities in the last 12 months.
    • c. Any person who is a member of the Planet Cycles Club, or any body affiliated to Planet Cycles.
    • d. Any person taking part in or involved with any sporting activity conducted or authorised by Planet Cycles.
    • e. Any person who administers, managers, coaches or assists in Planet Cycles Club Events and Rides.
  3. All of the above are bound by the Planet Cycles Club Rides and Events Policy and Rules and must comply with it. Copies of the Policy and Rules are available above or from Planet Cycles website at www.planetcycles.com.au
  4. Risk Warning. I acknowledge that the Cycling Activities, Rides and Events are inherently dangerous and may involve risk. I recognise and understand that there are risks specifically associated with Cycling Activities, Rides and Events which include, but are not limited to, collisions and contact with other participants and road users, riding on roads which are or may have traffic on them, the remoteness of the areas in which a ride takes place, sudden and unexpected changes in weather, physical exertion and difficulties in evacuation if I become disabled. I acknowledge that accidents can and often do happen which may result in me being injured or even killed, or my property being damaged. Prior to undertaking any Cycling Activities, Rides or Events, I acknowledge that I am aware of all of the risks involved, including those risks associated with any health condition I may have.
  5. By Agreeing to this Planet Cycles Club, I acknowledge, agree, and understand that participation in the recreational services provided by Planet Cycles may involve risk. I agree and undertake any such risk voluntarily and at my own risk. I acknowledge that the assumption of risk and warning above constitutes a 'risk warning' in accordance with relevant legislation, including but not limited to the Civil Liability Act 2002 (NSW), Civil Liability Act 2002 (WA) and Civil Liability Act 2002 (Tas).
  6. Waiver. I acknowledge that it is possible for a supplier of recreational services or recreational activities to ask me to agree that statutory guarantees under the Australian Consumer Law (which is Schedule 2 to the Competition and Consumer Act 2010 (Cth) ) do not apply to me (or a person for whom or on whose behalf I am acquiring the services or activities).
  7. I acknowledge that If I sign this form and agree to this membership, I will be agreeing that my rights (or the rights of a person for whom or on whose behalf I am acquiring the services) to sue the supplier in relation to recreational services or recreational activities that I undertake because the services or recreational activities provided were not in accordance with the guarantees are excluded, restricted or modified as set out to these terms and conditions.
  8. To the extent of any liability arising, the liability of Planet Cycles will, at the discretion of Planet Cycles, be limited in the case of goods, to the replacement, repair or payment of the cost of replacing the goods and in the case of services, the resupply of the services or payment of the cost of having the services supplied again.
  9. Disclosure. I declare that I am medically and physically fit and able to participate in Cycling Activities, Rides and Events. I acknowledge that I must, and I agree that I will, disclose any pre-existing medical or other condition that may affect the risk that either I or any other person will suffer injury, loss or damage prior to any Cycling Activities, Rides and Events.
  10. I acknowledge that Planet Cycles relies on information provided by me and that all such information is accurate and complete.
  11. I agree to report any accidents, injuries, loss or damage I suffer during any Cycling Activities, Rides and Events to Planet Cycles before I leave any relevant venue.
  12. Safety. I understand and acknowledge the dangers associated with the consumption of alcohol or any mind-altering substance before or during any Cycling Activity, Ride or Event, and I accept full responsibility for injury, loss or damage associated with the consumption of alcohol or any other mind-altering substance.
  13. I agree to follow any rules set by the Planet Cycles in connection with any Cycling Activities, Rides, and Events. In particular, I have been advised to wear an approved helmet at all times during Cycling Activities, Rides or Events. If I fail to comply with Planet Cycle's rules and/or directions, I will not be permitted to participate or to continue to participate in a relevant Cycling Activity, Ride or Event and in the event I am excluded no refund will be given.
  14. Release and indemnity
    In consideration of Planet Cycles accepting my membership application I, to the extent permitted by law:
    • a. Release and will release Planet Cycles from all Claims that I may have or may have had but for this release arising from or in connection with my participation in Cycling Activities, Rides or Events;
    • b. Release and indemnify Planet Cycles against any Claim which may be made by me or on my behalf for or in respect of or arising out of my death whether caused by the negligence or breach of contract by Planet Cycles or in any other manner whatsoever; and
    • c. Indemnify and will keep indemnified Planet Cycles to the extent permitted by law in respect of any Claim by any person:
      1. i. Arising as a result of or in connection with my membership or my participation in Cycling Activities, Rides and Events .
      2. ii. Against Planet Cycles in respect of any injury, loss or damage arising out of or in connection with my failure to comply with Planet Cycles rules and/or directions.
  15. I agree and acknowledge that, to the extent permitted by law, Planet Cycles shall not be liable for any injury, loss or damage I suffer or by any other person arising from or in connection with my participation in Cycling Activities, Rides or Events, whether such injury, loss or damage was caused directly or indirectly by the negligence of Planet Cycles or otherwise, or by Planet Cycles Ride Guides, servants or agents.
  16. If I suffer any injury or illness, I agree that Planet Cycles may provide evacuation, first aid and/or medical treatment at my expense and that my acceptance of these terms and conditions constitutes my consent to such evacuation, first aid and/or medical treatment.
  17. Use of image.
    I acknowledge and consent to photographs and electronic images being taken of me during my participation in any Planet Cycles Activities, Rides and Events. I acknowledge and agree that such photographs and electronic images are owned by Planet Cycles and that Planet Cycles or other third parties may use such photographs for promotional or other purposes without my further consent being required.
  18. Privacy.
    I understand that the personal information I have provided in my membership application is necessary for the objects of Planet Cycles and is collected, used and disclosed. Planet Cycles may use and disclose my personal information for the purposes of conducting and administrating Cycling Activities, Rides and Events, providing me with member services or promotional material, complying with legal obligations or otherwise in accordance with the Planet Cycles Policy. I understand that my membership application may be rejected if the information is not provided. I understand that if I do not wish to receive promotional material from Planet Cycles and third parties that I must advise Planet Cycles via email.
  19. Bar to proceedings.
    Planet Cycles may plead this contract as a bar to proceedings now or in the future commenced by or on behalf of me or by any person claiming through me. I acknowledge that where I commence proceedings against Planet Cycles, I:
    • a. will commence those proceedings in the courts of the jurisdiction in which any incident occurs;
    • b. waive any right to object to the exercise of such jurisdiction;
    • c. will, where I seek to commence proceedings in another jurisdiction from where any incident occurs, consent (if required by Planet Cycles) to move those proceedings to the jurisdiction in which any incident occurs including consenting to any application made by Planet Cycles to remove the proceedings to the jurisdiction in which any incident occurs;
    • d. will pay the costs of any application made by Planet Cycles and will consent to any application for security of costs made at any time by Planet Cycles; and
    • e. consent to paying Planet Cycles legal defence costs of the proceedings (on a solicitor client basis) where Planet Cycles successfully defends the proceedings.
  20. Governing Law.
    The governing law of this agreement is the law of the Queensland ('Jurisdiction'). I irrevocably and unconditionally consent and submit to the jurisdiction of the courts of the jurisdiction in which any incident occurs and waive any right to object to the exercise of such jurisdiction.
  21. Entire Agreement. This agreement (and the documents to which it refers) constitutes the entire agreement between the parties and supersedes all other agreements, understandings, representations and negotiations in relation to Cycling Activities, rides and Events.
  22. To the extent that any clause of this agreement is void or unenforceable it is severable and does not affect the remaining provisions of the agreement.

For recreational services or activities provided throughout Australia: For recreational services to which the Australian Consumer Law (Commonwealth) applies: By signing this form and agreeing to Planet Cycles Club Membership, I agree that the liability of Planet Cycles in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) for any: a. death; b. physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); c. the contraction, aggravation or acceleration of a disease; d. the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs: i. that is or may be harmful or disadvantageous to me or the community; ii. that may result in harm or disadvantage to me or the community, that may be suffered by me (or a person for whom or on whose behalf I am acquiring the services) resulting from the supply of recreational services or recreational activities; is excluded and the application of any express or implied term that any services will be provided with due care and skill is hereby excluded. For recreational services or activities provided in NSW or WA: For recreational services or recreational activities to which the Australian Consumer Law (New South Wales) and Australian Consumer Law (Western Australia), applies: By signing this form, I agree that the liability of Planet Cycles in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) and recreational activities (as that term is defined in the Civil Liability Act 2002 (NSW)) or Civil Liability Act 2002 (WA), as applicable) for any: a. death; b. physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); c. the contraction, aggravation or acceleration of a disease; d. the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs: iii. that is or may be harmful or disadvantageous to me or the community; iv. that may result in harm or disadvantage to me or the community, that may be suffered by me (or a person for whom or on whose behalf I am acquiring the services) resulting from the supply of recreational services or recreational activities; is excluded and the application of any express or implied term that any services will be provided with due care and skill is hereby excluded. For recreational services or activities provided in Victoria: For recreational services to which the Australian Consumer Law (Victoria) applies: Warning under the Australian Consumer Law and Fair Trading Act 2012: Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the suppliers named on this form, Planet Cycles, are required to ensure that the recreational services supplied to you: a. are rendered with due care and skill; and b. are reasonably fit for any purpose which you either expressly or by implication, make known to the supplier; and c. might reasonably be expected to achieve any result you have made known to the supplier. Under section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic), the supplier is entitled to ask you to agree that these conditions do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form. Note: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part. "Gross negligence" in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 (Vic) and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012 (Vic). Exclusion of rights under the Australian Consumer Law (Victoria): By signing this form, you agree that the liability of Cycling Australia for any death or personal injury (as defined in the Australian Consumer Law and Fair Trading Act 2012) that may be suffered by you (or a person from whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services is excluded. For recreational services or activities provided in ACT, Queensland or Tasmania: For recreational services to which the Australian Consumer Law (Australian Capital Territory), Australian Consumer Law (Queensland) or Australian Consumer Law (Tasmania) applies: By signing this membership application form and declaration, I acknowledge that where I am a consumer of recreational services, as defined by any relevant law, certain terms and rights usually implied into a contract for the supply of goods or services may be excluded. I acknowledge that these implied terms and rights and any liability of Planet Cycles flowing from them, are expressly excluded to the extent possible by law, by this membership application form and declaration. To the extent of any liability arising, the liability of Planet Cycles will, at the discretion of Planet Cycles, be limited in the case of goods, to the replacement, repair or payment of the cost of replacing the goods and in the case of services, the resupply of the services or payment of the cost of having the services supplied again. For the avoidance of doubt, this exclusion does not exclude liability for recklessness as defined by any relevant law. For recreational services or activities provided in South Australia: For recreational services to which the Australian Consumer Law (South Australia) applies: Your rights: Under sections 60 and 61 of the Australian Consumer Law (SA), if a person in trade or commerce supplies you with services including recreational services), there is: a. statutory guarantee that those services will be rendered with due care and skill; and b. statutory guarantee that those services, and any product resulting from those services, will be reasonably fit for the purpose for which the services are being acquired (as long as that purpose is made known to the supplier); and c. a statutory guarantee that those services, and any product resulting from those services, will be of such a nature, and quality, state or condition, that they might reasonably be expected to achieve the result that the consumer wishes to achieve (as long as that wish is made known to the supplier or a person with whom negotiations have been conducted in relation to the acquisition of the services). Excluding, restricting or modifying your rights: Under section 42 of the Fair Trading Act 1987 (SA), the supplier of recreational services is entitled to ask you to agree to exclude, restrict or modify his or her liability for any personal injury suffered by you or another person for whom or on whose behalf you are acquiring the services (a third party consumer). If you sign this form, you will be agreeing to exclude, restrict or modify the supplier's liability with the result that compensation may not be payable if you or the third party consumer suffer personal injury. Important: You do not have to agree to exclude, restrict or modify your rights by signing this form. The supplier may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by signing this form. Even if you sign this form, you may still have further legal rights against the supplier. A child under the age of 18 cannot legally agree to exclude, restrict or modify his or her rights. A parent or guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or modify the child's rights. Agreement to exclude, restrict or modify your rights: I agree that the liability of Planet Cycles for any personal injury that may result from the supply of the recreational services that may be suffered by me (or a person for whom or on whose behalf I am acquiring the services) is excluded. Definitions: d. Recreational services are services that consist of participation in - • sporting activity or similar leisure-time pursuit; or • any other activity that involves a significant degree of physical exertion or risk and is undertaken for the purposes of recreation, enjoyment or leisure. e. Personal injury is bodily injury and includes mental and nervous shock and death. Further information: Further information about your rights can be found at www.ocba.sa.gov.au For recreational services or activities provided in Northern Territory: For recreational services to which the Australian Consumer Law (Northern Territory) applies: By signing this form, I agree that the provisions of Part 3.2, Division 1, sub-division B of the Australian Consumer Law (NT) do not apply to the services provided to me, and Planet Cycles incurs no liability with respect to death or personal injury for a failure to comply with a guarantee under that sub-division in relation to supply of these recreational services. By signing this and agreeing to this document I acknowledge that I have been made aware of the general effect of this exclusion, restriction or modification, have had a reasonable opportunity to consider whether or not to enter into this contract on that basis and have decided to enter into the contract.

Refund Policy

Planet Cycles Membership fees are not refundable other than in exceptional circumstances. Applications for refund must be submitted in writing within 30 days of application, indicating the reason for a refund. Planet Cycles will consider all applications on a case-by-case basis. If a card has been issued, a refund cannot be processed until the card is returned. General injury from cycling is not considered exceptional circumstances. Refund of membership fees will incur an administrative fee of $20.00.

PLANET CYCLES CLUB RIDES AND EVENTS POLICIES AND RULES

Risk Warning

Cycling Activities, Rides and Events are inherently dangerous and may involve risk. Participants recognize and understand that there are risks specifically associated with Cycling Activities, Rides and Events which include, but are not limited to, collisions and contact with other participants and other road users such as motor vehicles, riding on roads which are uneven or may have heavy traffic on them, may take place in remote areas, be subject to sudden and unexpected changes in weather, physical exertion and difficulties in evacuation if I become disabled. Participants acknowledge that accidents can happen which may result in death, injury or property damage. Prior to undertaking any Planet Cycles Cycling Activities, Rides or Events, Participants acknowledge that they are aware of all of the risks involved, including those risks associated with any health condition he/she may have. Planet Cycles and its Ride Guides and Event Coordinators will take all reasonable steps to protect participants' safety and well being but will not be held liable for events, accidents or damage either to participants or any other persons or equipment caused during any and all rides and events conducted by Planet cycles or its coordinators.

Bicycle

Participant's bicycle must be in a road worthy condition and be able to be operated in a safe environment with others. Both brakes must be installed and working on the bike. Parts and accessories should be secured safely and front and rear lights should be fitted and working for appropriate conditions. 

Helmet

Participants must have a properly fitted and buckled up Australian Standards Approved helmet

Lights

It is strongly recommend to have a working front and rear light fitted to your bicycle at all times and to use these lights to prevailing conditions as required by Law.

Triathlon/Time-Trial Handlebars

Whilst triathlon/time-trial bars are permitted to be installed on bicycles in our group rides the bar extensions are STRICTLY NOT TO BE USED on our rides especially in a group riding situation. These handle bars are not safe to use in a group riding situation and any riders failing to adhere to this rule and a ride guides instruction to stop using them will be ask to leave the ride.

Group Rides

When attending a Planet Cycles group ride, riders must be competent to be able ride safely in a group situation. Riding in a group requires a lot more skill and concentration than riding by yourself. If participants do not possess enough skills to ride in a group safely they will not permitted to attend a group ride. From time to time Planet Cycles may conduct a Beginners Course, which may include lessons as to how to ride in a group. Riders should attend one of these Courses before attending a group ride so their skills are adequate at the time of their first group ride. Having sufficient skills to ride in a group situation is the responsibility of the rider attending.

Ride Guide and Instructions

During all Planet Cycles Cycling Activities, Rides or Events participants must agree to abide by ALL road rules, obey the directions of police officers and all Planet Cycles organizers, agents, PLANET CYCLES RIDE GUIDES or employees. Riders may from time to time be asked by our Ride Guides to alter or adjust his/her riding style for safety reasons and riders must comply to those requests. Riders who refuse to comply to reasonable requests from Ride Guides may be asked to leave a ride and may have their Planet Club Membership suspended or canceled.

Rider Briefing

Before Planet Cycles Cycling Activities, Rides or Events, Rider Briefings will be conducted for the safety of all participants. All riders must attend the Rider Briefing before the commencement of the ride or you are not allowed to attend that ride or event. You must agree that safety precautions undertaken by Planet Cycles such as supervision, ride safety briefings and directions from Ride Guides are a service to all participants but are not a guarantee of safety.

When and Where are you on our ride and under our control?

You are only under our control when you choose to ride in our group in a safe riding manner. If you choose to slow down and stop for whatever reason or choose to go faster than the group or group Ride Guide instructs and leave the group, you are no longer under Planet Cycles' control and no longer considered as part of that group. 

Our " ride group" during a road ride is determined as being a group of riders in two abreast formation or as required by law at the time, with the last rider being no more than five meters from the back of the group and the front rider is no more than five meters in front of the group. If you are more than five meters from the rear or front of the group we consider that you have chosen to leave our group and you are no longer under our control and are responsible for your own riding.

Our "ride group" during a mountain bike ride is a group which is riding a particular trail with the ride guide either on the trail or at the trail head prior or after the particular trail. Riders taking their own or different trails from those of the Ride Guide are considered to be no longer part of the group.

Safe Riding Speed

A safe average riding speed will be determined before any of Planet Cycles rides and will be determined on the number of riders present and their skill level and/or experience and the prevailing conditions of weather, road surfaces or traffic. A Ride Guide will determine the group predicted average speed before the ride commences. 

However, the MAXIMUM SPEED LIMIT on any Planet Cycles ride is 40KM PER HOUR. From our experience we do not believe it is safe to ride on open roads with traffic and various road conditions in sometimes-unknown weather conditions at speeds of above 40km per hour. Riders breaking our Planet Cycles Speed Limit do so at their own risk and by doing so acknowledge that they have left our group ride and are no longer part of our group ride - no differently as if they went for a ride by themselves. Riders continuing to disrupt our group ride by treating the rides like a race and going over the Planet Cycles 40km/h speed limit will no longer be able to participate in our rides and their club membership will be canceled.

Crashes

In the event someone does crash their bicycle, the group is to slow down safely and stop riding until the crashed rider has been attended to and/or treated if necessary. A serious crash would entail an ambulance to attend the scene with one or more riders needing medical treatment from the ambulance. If it is a serious crash the ride is automatically canceled and is no longer under the control of Planet Cycles. Where possible, Ride Guides will instruct riders on the safest/shortest way home if they are unable to accompany them. 

Punctures

All rides vary in the way punctures/mechanical failures are dealt with. In large groups it's not possible to stop for punctures usually as time does not allow for this and it's not as safe as letting the group ride on in a safe formation. Before Planet Cycles group rides leave it is determined as to whether that particular ride is a "ride on for punctures" or a "stop for punctures" group ride. The number of riders in the group and the ride course and conditions amongst other factors will determine this.

Riders being dropped on a Group Ride

Whilst every effort is made by Planet Cycles Ride Guides to keep the entire group together so that everyone can enjoy the group ride, this may not always be possible.

It may be safer for the group to continue on rather than having the group continually slowing down for one or more riders whose ability does not meet the criteria of the ride and they are simply having a bad day or are unprepared. Each rider should know his/her own limits before taking part in a Planet Cycles Group Ride as our average speeds and the distance of the course are outlined on our rides page on our website and explained before the group rides. Riders unsure of their ability to participate in a ride should consult the Ride Guide prior to the start. A rider who is dropped from a group ride is responsible for getting him/herself back and home safely and you should know the road conditions around you and the area you are riding in so he/she can return home safely without any issues. We do not have the resources to look after riders on a one for one basis who are ill prepared or ill informed and are unable to leave the main group unattended to do so. These riders should seek out a beginners riding course, which some clubs and Planet Cycles have from time to time.

Rider Abuse

Verbal or physical abuse by anyone in the Planet club or group will not be tolerated for whatever reason. Anyone displaying abusive behavior toward the general public or another rider will be asked to leave the ride and/or have his/her club membership suspended or canceled.

Insurance

It is strongly recommended that all Planet Cycles Club Members and riders seek out and purchase sufficient personal insurance from an authorized, reputable insurance company or join another entity or club, which would provide sufficient personal insurance in the event of an accident to another person's body and/or equipment.

Under 18 Years of age

In the case of children under the age of 18 years old, I hereby agree to the Terms and Conditions below and the Policies and Rules as set our above on behalf of my child (ren). I further agree that Planet Cycles Pty Ltd, its officers, activity organizers, ride guides and other participants may from time to time give instruction. Planet Cycles is not responsible for providing that instruction or supervision to my child (ren). We strongly recommend all children on our Planet Cycles Rides be accompanied by one of the child's parents or guardians as the parents or guardians are responsible for their own children.

Registration

I agree that my registration for any Planet Cycles Ride or Event is not transferable to any other people and agree that if any event is canceled or the event format and /or course is altered due to weather or other " Acts of God ", or for any other reason I agree to those changes