STAY UPRIGHT – TERMS AND CONDITIONS (TAS)

The following terms and conditions apply to every customer booking a Stay Upright Pty Ltd (“SU”) course in Tasmania:

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

2.       Notifications: Notifications of cancellations, refunds and requests for transfers must be made in writing by emailing us at customerservice@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 Service such as 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 days notice: In the event of notification of a cancellation 7 days or more before the course commencement date, SU will refund fees paid, minus a $15 (inclusive of GST) administration fee to cover our costs.

5.       Cancellation with less than 7 days notice: In the event of notification of a cancellation 7 days or less before the course commencement date, fees will not be refunded or allocated to another course.

6.       Requests for transfers: Requests for transfers to alternate courses can be arranged, provided these requests are made 7 days or more before the course commencement date and are subject to availability on a future course. All transfers will attract an administration fee of $15 (inclusive of GST).

7.       Non-Attendance (No Show and Late Arrival): If a customer fails to attend a course, or is late arriving and not able to commence the course, or returns late from a designated break, course fees will not be refunded or allocated to another booking. A new booking will be required to undertake the training, with full course fees payable. 

NOTE: Government regulations do not permit a customer to commence the Pre-Learner Motorcycle Training Course, Check Ride Course or Pre-Provisional Test if they are absent from the safety briefing at the start of the course.

8.       Substitutions: Requests for substitutions (i.e. replacing yourself with a friend or family member) are to be made in writing by emailing us at customerservice@stayupright.com.au and can be made up to 2 working days before the course commencement date. All substitutions will attract an administration fee of $15 (inclusive of GST).

9.       Sickness: If you are sick on the day of your course, SU 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 $15 (inclusive of GST) administration fee. A transfer due to illness is only available once per booking. If you are unable to attend more than once due to illness, you will need to rebook and repay.

10.   Cancellation by SU: Although extremely rare, SU reserves the right to cancel a course for any reason. In these circumstances, you will be given the option of a full refund or a new course date.

11.   Cancellation due to missing key information: SU reserves the right to cancel your booking and refund your fees, should the required information not be provided at the time of booking. The minimum information required for a booking includes: your name, address, date of birth, and Licence or Service Tasmania Customer number.

12.   Weather: SU conducts courses in all weather conditions. For all courses, the use of a SU motorcycle is included in the course fees, which gives you the option to drive to the training centre, if you would prefer that in extreme conditions.

13.   Size and weight: Motorcycles have weight restrictions and may also not be suitable for very tall or very short statured people. There is no way of adequately defining what these height limits are, as people have different body shapes e.g. long legs and short torsos. 

While we have a variety of bikes (make and models) available for all courses, SU cannot guarantee that we will have a bike suitable to your height on the day of the course. If there are concerns, your Instructor will undertake an assessment based on how safely you can handle the bike. If it is deemed necessary that you cannot continue with the course due to concerns about your height, your Instructor will advise you and you will be refunded your course fees in full.  Similarly, if your weight exceeds the maximum allowed weight for the motorcycle, we will refund your course fees. Full-faced 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 by any of these.

14.   Drugs and Alcohol: SU 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.

15.   Penalty notices while using a SU Motorcycle: if while using a SU Motorcycle a penalty notice is received for your riding behaviours while on the bike, you acknowledge that SU 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.

16.   Service Tasmania Eligibility Requirements: It is your responsibility to ensure you meet all of the eligibility requirements below for your course. 

a)       Pre-Learner Course:

b)        Check Ride - Must meet all of the eligibility requirements for Pre-Learner course and in addition:

c)         Pre-Provisional - Must meet all of the eligibility requirements for Pre-Learner Course and in addition:

If you have not met these conditions OR you are undertaking an overseas license conversion, please call SU immediately as you may be turned away by the instructor and be required to pay a rebooking fee to attend another course.

17.   Medical Conditions: All participants must meet the fitness to drive requirements as set out on the Austroads website: www.austroads.com.au

Where you have a medical condition that may affect your eligibility to obtain or complete a Motorcycle Pre-Learner Training Course or Check Ride Course or Pre-Provisional Test, a Medical Prior-Approval Request is required. Please contact our Customer Service Team on 1300 366 640 if you have a medical condition that may affect your eligibility to obtain a motorcycle licence.

18.   Competency Based Course: For all courses conducted by Stay Upright, you understand that the course is competency based and specifically for licensing courses, these courses are mandated by the government. Stay Upright 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.

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

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

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

20.   Release and indemnity: In consideration of being permitted to participate in the two wheel motorcycle, three wheel motorcycle, quad bike and side by side training conducted by SU (together the “Recreational Activities”), you agree to the release and indemnity at Annexure A. You will also be required to sign an Electronic Risk Waiver on the day of your course. A copy of this Risk Waiver is below in Annexure B.

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

For the safety, privacy, and comfort of all participants and staff, video recording or filming of any part of our training courses, facilities, or staff is strictly prohibited without prior written consent from Stay Upright. This includes but is not limited to the use of mobile phones, cameras, drones, or any other recording devices. Unauthorised recording may result in removal from the course. We appreciate your cooperation in maintaining a safe and respectful training environment.

22.   Attire: There are minimum attire requirements for SU courses which is confirmed in the Course Information (above). Failure to meet these will result in your ineligibility for the course and no refund is available in those circumstances.

23.   Ability to understand English: A basic understanding of English is required to ensure you can safely participate in the course. If you do not understand or speak English, please contact us by emailing customerservice@stayupright.com.au to discuss interpreter options. If the instructor is not satisfied that you are able to follow instructions and understand the course content, you may be prevented from continuing with the course due to safety requirements.  If you are participating in a Pre-Learner, Check Ride or Pre-Provisional course and an interpreter is required, please contact our office at least 7 days before your course commencement, via customerservice@stayupright.com.au.

 

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) reach 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 WAIVER

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):

 

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 (TAS) (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 (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; 

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: 

                   ii.      that is or may be harmful or disadvantageous to you or the community; or 

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

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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