STAY UPRIGHT – TERMS AND CONDITIONS (VIC)

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

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 (BNPL) 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 a cancellation SU will refund fees paid, if SU is advised more than 7 days prior to the course commencement date, minus a $15 (inclusive of GST) admin 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. SU cannot accept responsibility for changes to work commitments or personal circumstances within this 7 day period.

6.       Requests for transfers: Requests for transfers to alternate courses can be arranged, provided these requests are made 7 or more days prior to the course commencement date and are subject to availability on a future course. All transfers will attract an administration charge 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: VicRoads regulations do not permit a customer to commence the Motorcycle Learner Permit (MPA), Check Ride (CR) courses or Motorcycle Licence Assessment (MLA) 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 business days before the course commencement date. All substitutions will attract an administration charge 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 minimum 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 VicRoads Customer number.

12.   Weather: SU conducts courses in all weather conditions. For all courses, the use of a SU bike 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 of this 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 of 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.   VicRoads Eligibility Requirements: It is your responsibility to ensure you meet all of the eligibility requirements below for your VicRoads accredited course. 

a)         Motorcycle Permit Assessment (MPA):

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

c)         Motorcycle Licence Assessment (MLA) - Must meet all of the eligibility requirements for MPA 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 required to pay a rebooking fee to attend another course. 

NOTE: VicRoads will conduct eligibility checks which may lead to refusal and potential additional costs of repeat training to the applicant.

17.   Medical Conditions: If you have booked onto the MPA, CR, or MLA you acknowledge that you have answered NO to the following medical conditions Questions from VicRoads: 

“Are you currently suffering from, or have suffered from, any serious, permanent or long-term illness, disability, medical condition or injury that may affect your fitness to drive, such as eyesight or hearing problems, blackouts/dizziness, epilepsy/seizures, dementia, diabetes, sleep apnea, head injury, stroke, high blood pressure, a cardiac, psychiatric or mental condition or a disorder that may deteriorate over time (e.g. multiple sclerosis)?”

“Are you taking any prescribed medicines (excluding antibiotics, contraceptives, inhalers or Hormone Replacement Therapy)?”

If you answer YES to the above, please contact our office immediately on 1300 366 640. VicRoads require medical clearance prior to booking and we will assist you with this process. Your booking will be cancelled (provided you have given at least 7 days’ notice) and you may rebook once the medical clearance is received. If you attend before clearance, you will be turned away and no refund will be given.

18.   Competency Based Course: For all licensing courses conducted by SU, you understand that the course is competency based and mandated by the government. 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.

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, we recommend bringing a family member or friend to the course to interpret for you. 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. 

A qualified Interpreter is required for specific modules of the MPA and MLA courses. If you are participating in a MPA or MLA course and an interpreter is required, please contact our office at least 7 days prior to 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) 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):

 

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 Fair Trading Act 2012 (the FTA).

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) both the CCA and the FTA 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; 

b) 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; 

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

d) participation in the Recreational Activities being supplied, provided, conducted, regulated or administered by the Supplier involves obvious, inherent and significant risks as set out above and you have agreed to undertake those risks voluntarily; 

e) 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 FTA; 

f) 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 

g) 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 FTA.  

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 FTA 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, 

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.

 

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012

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 are excluded, restricted or modified in the way set out in this form, if you are killed or injured because the services provided were not in accordance with the statutory guarantees outlined below.

Under the Australian Consumer Law (Victoria), several guarantees apply to the supply of certain goods and services. These guarantees mean that the Supplier named on this form is required to ensure that the recreational services it supplies to you:

Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the exclusion of these statutory guarantees is brought to your attention by 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 Act 2012.

Print | Stay Upright Pty Ltd