STAY UPRIGHT – TERMS AND CONDITIONS (Instructor Course)

The following terms and conditions apply to every customer booking a Stay Upright Pty Ltd (“SU”) NSW Instructor Course:

1.       Payment: Payment in full is required at the time of booking. If paying via a Buy Now Pay Later (BNPL) service, such as AfterPay, the first payment instalment is acceptable.

2.       Notifications: Notifications of cancellations, refunds and requests for transfers must be made in writing by emailing us at recruitment@stayupright.com.au, in accordance with the timeframes below.

3.       Refunds:

There are no refunds in the following situations;

In circumstances where a refund is to be issued, it will be refunded via the payment method used to originally book. Where payment was made using a Buy Now Pay Later (BNPL) service, such as Humm or AfterPay, a service fee of 6% (plus GST) of the total booking cost may be deducted from the refund.

4.       Cancellation with more than 7 working days notice: In the event of a cancellation, SU will refund fees paid, if SU is advised more than 7 working days prior to the course commencement date, minus a $50 (inclusive of GST) admin fee to cover our costs.

5.       Cancellation with less than 7 days working notice: In the event of notification of a cancellation 7 working days or less before the course commencement date, fees will not be refunded or allocated to another course. SU cannot accept responsibility for changes to work commitments or personal circumstances within this 7 working day period.

6.       Requests for transfers: Requests for transfers to alternate courses can be arranged, provided these requests are made 7 or more working days prior to the course commencement date and are subject to availability on a future course. All transfers will attract an administration charge of $50 (inclusive of GST).

7.       Sickness: If you are sick on the day of your course, Stay Upright will transfer you to another course, so long as a Doctors Medical Certificate is provided, dated the date of your scheduled course and provided within 2 business days of the course date, subject to a $50 (inclusive of GST) administration fee. A transfer due to illness is only available once per booking.

8.       Cancellation by SU: SU reserves the right to cancel a course for any reason and give you the option of either a refund of any fees, or an alternate course.

9.       Weather: SU conducts courses in all weather conditions.

10.   Medical fitness: Customers must be medically fit to complete the training.

11.   Eligibility: Customers must meet the eligibility criteria to obtain a NSW Motorcycle Instructors licence which requires that:

12.   Size and weight: Motorcycles have weight restrictions and may also not be suitable for very tall or very short statured people. Additionally, full-face helmet and glove sizes are limited to a maximum size of XXL and therefore may not fit all people. Please phone the office before your course if you are concerned that you might be impacted.

13.   Drugs and Alcohol: Stay Upright reserves the right to refuse entry onto the course, or stop a customer from continuing in a course, if they reasonably suspect the customer is affected by drugs and alcohol.

14.   Use of a Stay Upright Motorcycle: if you opt to use a Stay Upright motorcycle and a penalty notice is received for your riding behaviours while on the bike, you acknowledge that Stay Upright reserves the right to nominate you as the driver of the vehicle at the time. You will receive an email notification from customerservice@stayupright.com.au to advise that a penalty notice has been received and that you have been nominated as the responsible driver.

15.   Travel associated with participating in the course: is not covered by Stay Upright. Stay Upright does not take responsibility for out of pocket expenses incurred for participating in the course.

16.   Competency Based Course: You understand that the NSW Instructor course is a competency based course, required to receive your NSW Instructors Licence. SU does not guarantee, expressly or impliedly, that you will be capable of passing the course. If you fail the course, you will need to rebook and repay.

17.   Follow signs and directions and not be under influence of substances: You agree that at all times you are participating in the motorcycle, quad and side by side training conducted by SU (collectively referred to as the “Recreational Activities”) being supplied, provided, conducted, regulated or administered by SU, you:

18.   Release and indemnity: In consideration of being permitted to participate in the Recreational Activities, you agree to release and indemnity at Annexure A, which you will be required to sign electronically on the day of your course.

19.   Privacy: You agree that our Privacy Policy (available here: https://www.stayupright.com.au/stay-uprights-terms-of-use-and-privacy-policy/) applies to your booking.

20.   Attire: There are minimum attire requirements for SU courses which is confirmed in the Course Information that is emailed to confirm your booking. If you are unsure on what to wear, please check our website which lists clothing requirements - https://www.stayupright.com.au/courses/new-south-wales/

21.   Consent for Information Sharing: For Licensing Courses and the NSW Instructor Course, by making this booking you agree that TfNSW, Service NSW and ourselves may share the following information with each other in order to confirm your identity and eligibility for rider training, testing and licensing: your name, date of birth, address, licence details, your training and testing results and our observations on your performance. Further, you agree that TfNSW and Service NSW may share your rider licence information with other Australian rider licensing agencies.

22.   Ability to understand English: A solid understanding of English is required to ensure you can safely participate in the course.

23.   Copyright and Intellectual Property Rights: You acknowledge that all materials provided to you for this course remain the intellectual property of Stay Upright and are not to be shared.

24.   Employment: You acknowledge that by booking and completing this course, there is no provision of participation that may be interpreted as establishing an employment relationship between Stay Upright and yourself. Upon completion of the course, Stay Upright may in its absolute discretion offer employment. If you accept the offer of employment, the terms of the employment contract will govern the employment relationship.

 

Annexure A – Release and Indemnity 

1. I fully accept and assume all liability for the risks associated with the Recreational Activities being regulated and / or administrated by Stay Upright Pty Ltd or its related entities (Supplier) including the significant risks of property damage, physical harm and psychological harm such as personal injury, bodily injury, mental injury, nervous shock and death arising from the Recreational Activities now and in the future. 

2. I release, waive, discharge and covenant not to sue the Supplier, including its directors, employees, contractors, instructors, agents, suppliers and insurers, (Supplier and Related Persons) from all liability on account of injury to person (including death) or property arising out of or related to the Recreational Activities, howsoever incurred, including whether the liability is based in: 

a)       negligence for breach of duty of care or failure to exercise reasonable care and skill;  

b)      breach of contract or breach of any express or implied warranty, obligation, term or contractual duty of care; or  

c)       breach of any statute, or statutory warranty or implied term. 

3. I indemnify, save and hold harmless the Supplier and Related Persons from any loss, liability, damage or cost (including legal costs) they may incur arising out of or related to the Recreational Activities, howsoever incurred including whether the loss, liability, damage or cost is based in: 

a)       negligence for breach of duty of care or failure to exercise reasonable care and skill;  

b)      breach of contract or breach of any express or implied warranty, obligation, term or contractual duty of care; or  

c)       breach of any statute, or statutory warranty or implied term. 

4. I agree that if I am using my own vehicle when participating in the Recreational Activities being supplied, provided, conducted, regulated or administered by the Supplier I warrant and agree that my vehicle is roadworthy and indemnify and hold the Supplier and Related Persons harmless from any liability arising from or resulting from the use of my vehicle, howsoever incurred, including whether that liability is based in:  

a)       negligence for breach of duty of care or failure to exercise reasonable care and skill;  

b)      breach of contract or breach of any express or implied warranty, obligation, term or contractual duty of care; or  

c)       breach of any statute, or statutory warranty or implied term. 

5. I agree that this Release and Indemnity is intended to be as broad and inclusive as is permitted by the laws of the State/Territory in which the Recreational Activities are conducted and that if any portion thereof is held invalid or unenforceable it shall be read down to the extent necessary for its validity but otherwise shall operate to the full extent permitted by law in each and every jurisdiction. 

6. I fully understand that the purpose of this Release and Indemnity is to be a complete and unconditional release of all liability to the greatest extent allowed by law. I agree that this Release and Indemnity must be interpreted to achieve that purpose, and in any dispute, must be interpreted against me and in favour of the Supplier and Related Persons.

 

Annexure B – Risk Warning Agreement

 

RISK WARNING: Your participation in the Recreational Activities (as defined below) being supplied, provided, conducted or administered by Stay Upright Pty Ltd or its related entities (the Supplier) involves obvious, inherent and significant risks of physical harm (including permanent disability and death) and psychological harm. Some of the risks of the Recreational Activities include (but are not limited to):

• loss of control of a vehicle;

• failure of a vehicle or equipment;

• collision with surroundings, the ground, other persons or other vehicles, caused by you or other persons;

• personal misjudgment by you or other persons;

• hazardous, unpredictable, changeable and adverse weather conditions.

 

RISK WAIVER

1. The Supplier, including its directors, employees, contractors, instructors, agents, suppliers and insurers, is a supplier of recreational activities and recreational services in trade and commerce as defined in the Competition and Consumer Act 2010 (Cth) (the CCA) and the Civil Liability Act 2002 (NSW) (CLA).

2. The recreational activities and recreational services this waiver applies to includes, but is not limited to, motorcycle, scooter, trike, quad and side by side vehicle training and instructor training courses (collectively referred to as Recreational Activities).

3. The Recreational Activities being supplied, provided, conducted, regulated or administered by the Supplier are dangerous and involve obvious, inherent and significant risks of physical harm and psychological harm such as personal injury, bodily injury, mental injury, nervous shock and death.

4. The Supplier makes no warranties in relation to the Recreational Activities being supplied, provided, conducted, regulated or administered by the Supplier. 

5. The purpose of this waiver is to limit the liability of the Supplier for any physical harm and psychological harm such as personal injury, bodily injury, mental injury, nervous shock and death to you arising from or in any way connected to the Recreational Activities being supplied, provided, conducted, regulated or administered by the Supplier. 

6. By executing (including electronically) this waiver you acknowledge, agree and understand that: 

a) the Risk Warning constitutes a “risk warning” in accordance with relevant legislation including section 5M of the CLA; 

b) both the CCA and the CLA allow the Supplier to ask that you agree to exclude, restrict or modify the Supplier’s liability for any personal injury or death suffered by you arising from or in any way connected to the Recreational Activities being supplied, provided, conducted, regulated or administered by the Supplier; 

c) agreeing to exclude, restrict or modify the Supplier's liability may result in compensation not being payable to you if you suffer any personal injury or death from your participation in the Recreational Activities being supplied, provided, conducted, regulated or administered by the Supplier; 

d) at all times you are participating in the Recreational Activities you are doing so voluntarily;

e) participation in the Recreational Activities being supplied, provided, conducted, regulated or administered by the Supplier involves obvious, inherent and significant risks as defined under the CLA and you have agree to undertake those risks voluntarily; 

f) the Supplier will not be liable for any personal injury or death suffered by you arising from or in any way connected to the materialisation of any obvious, inherent and significant risk that occurs during your participation in the Recreational Activities to the fullest extent permissible under the CLA;

g) you acknowledge that any insurances held by the Supplier, including, where relevant, compulsory third party insurance as part of the registration scheme, may not respond to your claim, depending on the circumstances; and 

h) by agreeing to participate in the Recreational Activities voluntarily, you also agree to exclude any liability on the part of the Supplier for any breach of any express or implied warranty that the Recreational Activities will be supplied, provided, conducted, regulated or administered by the Supplier with reasonable care and skill to the fullest extent permissible under the CCA and the CLA.  

7. By executing (including electronically) this waiver, you acknowledge, agree and understand that the liability of the Supplier to you in relation to any recreational activities or recreational services as that term is defined in the CCA or the CLA 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 you or the community; or 

                ii.      that may result in harm or disadvantage to you or the community, 

e) that may be suffered by you (or a person for whom or on whose behalf you are acquiring the recreational activities or recreational services) resulting from the supply of the recreational activities or recreational services is excluded to the maximum extent permitted by law.

8. In the case of where a consumer guarantee cannot be excluded, the Supplier’s liability shall be limited to the Suppliers option to the resupply of the Recreational Activities or the cost of having the services supplied again.

9. You agree that at all times you are participating in the Recreational Activities being supplied, provided, conducted, regulated or administered by the Supplier you:

a) will read all signs and follow all directions given by the Supplier including its directors, employees, contractors, instructors, agents, suppliers and insurers;

b) are not under the influence of alcohol, drugs or medication. 

10. If you are using your own vehicle when participating in the Recreational Activities being supplied, provided, conducted, regulated or administered by the Supplier you warrant and agree that your vehicle is roadworthy and indemnify and hold the Supplier harmless from any liability arising from or resulting from the use of your vehicle whether that liability is based in: 

a) negligence for breach of duty of care or failure to exercise reasonable care and skill; 

b) breach of contract or breach of any express or implied warranty, obligation, term or contractual duty of care; or 

c) breach of any statute, or statutory warranty or implied term.

11. By executing (including electronically) this waiver, you acknowledge that you have read, understood and accept the terms and conditions contained in this waiver.

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