BEYOND BYRON E‑BIKES (BBEB)

BIKE HIRE & SELF‑GUIDED RIDE AGREEMENT AND WAIVER (NSW)

IMPORTANT – PLEASE READ CAREFULLY
This document affects your legal rights. By electronically accepting this agreement, you acknowledge and accept the terms below.

Electronic Acceptance
The Rider agrees that this agreement may be executed and accepted electronically. The Rider acknowledges that indicating acceptance via an online booking system, digital waiver platform, or electronic device constitutes valid and binding acceptance of this agreement, as if signed in writing.

1. Parties

This agreement is between Beyond Byron Experiences Pty Ltd (ACN 637 514 115) trading as Beyond Byron E‑Bikes (BBEB) and the person signing below (Rider).

BBEB provides electric bicycle hire and self‑guided recreational riding services only. BBEB does not provide guided tours, supervision, or on‑route instruction.

2. Nature of the Activity – Self‑Guided Recreational Services

The Rider acknowledges and agrees that:

·      BBEB provides bike hire and self‑guided recreational services only.

·      BBEB does not accompany, supervise, control, or monitor the Rider during any ride.

·      Any maps, route suggestions, or information provided (including via smartphone or digital platforms) are general information only and do not constitute guidance, instruction, or advice.

·      The Rider is solely responsible for navigation, route choice, speed, decision‑making, and conduct at all times.

3. Inherent Risks of Cycling and E‑Bike Use

The Rider acknowledges that cycling, including electric bicycle riding and self‑guided recreational riding, is a recreational activity involving inherent risks that cannot be eliminated, including but not limited to:

·      Falls, collisions, and loss of control

·      Road and traffic hazards

·      Uneven or changing surfaces

·      Mechanical or component failure

·      Weather conditions and environmental hazards

·      Fatigue, physical exertion, and aggravation of pre‑existing conditions

·      Limited or delayed access to emergency services

These risks may result in injury, illness, permanent disability, death, property damage, and financial loss.

4. Assumption of Risk

To the fullest extent permitted by law, the Rider:

·      Voluntarily participates in the activity;

·      Assumes all risks arising from the inherent nature of cycling and self‑guided recreational riding; and

·      Accepts responsibility for their own safety and decisions while using BBEB equipment and services.

This assumption of risk does not apply to the extent that any loss is caused by the negligence or reckless conduct of BBEB.

5. STATUTORY WARNING – RECREATIONAL SERVICES (SECTION 139A)

WARNING

Under the Australian Consumer Law (ACL), certain guarantees apply to the supply of recreational services.

By signing this agreement, the Rider acknowledges that, to the extent permitted by law and pursuant to section 139A of the Competition and Consumer Act 2010 (Cth), BBEB excludes liability for death or personal injury resulting from a failure to comply with the guarantee under section 60 of the ACL (that services be provided with due care and skill).

This exclusion does not apply to:

·      Liability for death or personal injury caused by the reckless conduct of BBEB; or

·      Any consumer guarantees relating to goods that cannot be excluded, including that goods are of acceptable quality.

6. Equipment Condition, Inspection, and Use

BBEB confirms that all bikes and supplied equipment are inspected and maintained prior to hire in accordance with reasonable industry standards.

The Rider acknowledges that:

·      Bikes and equipment are used on an “as inspected” basis;

·      Mechanical issues or failures may still occur during use;

·      The Rider must perform a basic pre‑ride safety check (including brakes, tyres, gears, and fittings);

·      The Rider must monitor the condition of the bike during use and cease riding immediately and notify BBEB if any fault becomes apparent.

Nothing in this clause limits BBEB’s non‑excludable obligations under the Australian Consumer Law.

7. Route Information Disclaimer

Any maps, suggested routes, distances, elevations, or timing information provided by BBEB (including via smartphone or digital platforms) are indicative only.

Conditions may change due to weather, traffic, roadworks, environmental factors, or other hazards. BBEB does not warrant the accuracy, safety, or suitability of any route, and the Rider must independently assess conditions before and during their ride.

8. Rider Declarations and Obligations

The Rider declares and agrees that they:

·      Are physically fit, competent, and capable of riding an electric bicycle;

·      Are not under the influence of alcohol or non‑prescribed drugs;

·      Will wear an approved helmet at all times while riding;

·      Will wear appropriate footwear;

·      Will comply with all applicable road rules, laws, and regulations;

·      Will follow any reasonable safety instructions provided by BBEB prior to hire;

·      Will operate the bike responsibly and within their abilities.

9. Release of Liability

To the maximum extent permitted by law and subject to Section 5 of this agreement, the Rider releases and discharges BBEB, its directors, officers, employees, and agents from liability for personal injury, death, or property damage arising from the Rider’s participation in the activity.

This release does not apply to liability arising from BBEB’s negligence or reckless conduct where such liability cannot lawfully be excluded.

10. Indemnity

The Rider agrees to indemnify and hold BBEB harmless from any claims, losses, damages, or costs arising from:

·      The Rider’s misuse of the bike or equipment;

·      The Rider’s breach of this agreement;

·      Injury or damage caused by the Rider to third parties or third‑party property.

This indemnity does not apply to the extent the loss is caused by the negligence or reckless conduct of BBEB.

11. Australian Consumer Law Saving Clause

Nothing in this agreement excludes, restricts, or modifies any right or remedy the Rider may have under the Competition and Consumer Act 2010 (Cth) or other applicable legislation that cannot lawfully be excluded.

12. Governing Law

This agreement is governed by the laws of New South Wales, and the parties submit to the exclusive jurisdiction of the courts of NSW.

RIDER ACKNOWLEDGEMENT

By electronically accepting, the Rider confirms that they have read, understood, and voluntarily agree to the terms of this agreement.