Master Hire Agreement and Safety Waiver

BEYOND BYRON E‑BIKES (BBEB)

MASTER HIRE AGREEMENT & SAFETY WAIVER

IMPORTANT: This document affects your legal rights. By electronically accepting this agreement, you acknowledge and accept all commercial, safety, and operational terms below.

1. THE CONTRACT & PARTIES

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

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

1.3 Electronic Acceptance: The Rider acknowledges that indicating acceptance via an online booking system or digital waiver constitutes a binding contract.

2. HIRE TERMS & FINANCIAL RESPONSIBILITY

2.1 Hire Period & Late Fees: Bikes must be returned to the agreed location by the agreed time. Late returns may incur a fee of $25.00 per hour (or part thereof) per bike, plus any direct costs incurred by BBEB (including, but not limited to, staff overtime costs).

2.2 Damage, Loss & Theft: The Rider is responsible for the bike during the hire period and is liable for the reasonable cost of repair/replacement for any damage beyond fair wear and tear, or the full replacement cost if the bike is lost or stolen.

2.3 Authority to Charge: The Rider expressly authorizes BBEB to charge their nominated payment method (credit/debit card used for booking) or issue an invoice for any amounts payable under Clause 2.1 and 2.2.

2.4 Cancellations & Refunds: * 7+ Days Notice: Eligible for a full refund.

  • Under 7 Days (up to 11:59pm day before): Eligible for rescheduling or a gift card/credit for future use only.
  • Same-Day Notice (up to 2 hours prior to booking): Rescheduling or credit may be available at BBEB's discretion, excluding peak periods (School Holidays).
  • "No Shows" or Late Cancellations: Non-refundable and not eligible for credit.

2.5 Security Deposit & Pre-Authorization: > BBEB may require a security deposit or a credit card pre-authorization (hold) at the time of hire. This deposit serves as security for the return of the equipment in good condition and the payment of any fees or charges. Any held funds will be released or refunded following the safe return and inspection of all hired equipment, subject to any deductions for damage, loss, or late fees as set out in this agreement.

3. LIABILITY REDUCTION OPTIONS (OPTIONAL)

3.1 Selection of Coverage: The Rider may elect to purchase a Liability Reduction Waiver (Damage Cover or Full Protection) at the time of booking. If no selection is made, the Rider remains liable for the full wholesale replacement value of the equipment in the event of theft or total loss (calculated at $2,000 for Kids bikes, $4,000 for Adult bikes, and $5,000 for Cargo bikes, plus accessory costs).

3.2 Protection Tiers:

  • Damage Cover: Reduces the Rider’s excess for accidental cosmetic or mechanical damage to $0. This tier does not reduce liability for theft or total loss.

    • Adult & Cargo Bikes: $10.00 per bike/day.

    • Kids Bikes: $15.00 per bike/day.

  • Full Protection ($25.00 per bike/day): Reduces the excess for accidental damage to $0 and reduces the excess for theft or total loss to $500.00 across all bike categories.

3.3 Strict Conditions for Theft Coverage: The reduction of theft liability to $500.00 is strictly conditional upon:

  • Locking: The equipment being secured to a fixed, immovable object using the lock provided by BBEB. The bike must be secured through the main frame to a fixed object. Securing the bike by the wheel or accessories only will void the liability waiver.

  • Reporting: The Rider notifying the Police and providing BBEB with a formal Police Report Number within 24 hours of the discovery of the theft.

  • Evidence: The Rider providing evidence of the theft (e.g., the remains of a cut lock or police confirmation of forced theft).

3.4 Exclusions: All Liability Reduction Waivers are rendered void if damage or loss is caused by gross negligence (including leaving the bike unlocked), operation under the influence of alcohol or drugs, or use on unauthorized terrain (including beaches or salt water).

4. NATURE OF ACTIVITY & RAIL TRAIL DISCLOSURE

4.1 Independent Operation: BBEB operates independently from the Northern Rivers Rail Trail. BBEB does not manage, maintain, or control the Rail Trail.

4.2 Public Use: The Rider acknowledges that when using the Rail Trail, they do so as a member of the public and not as part of a supervised BBEB tour. The Rider is responsible for following all Rail Trail rules, safety guidelines, and signage.

4.3 Self-Guided Riding: All rides are self-guided. Any maps or route suggestions provided by BBEB are for general information only and do not constitute guidance or safety advice.

5. RIDER DECLARATIONS & 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, fully enclosed footwear;
  • Will comply with all applicable road rules, laws, and Rail Trail regulations;
  • Will operate the bike responsibly and within their abilities.

6. INHERENT RISKS & ASSUMPTION OF RISK

6.1 Risk Warning: Cycling involves inherent risks including falls, collisions, mechanical failure, and environmental hazards. These can result in serious injury, permanent disability, or death.

6.2 Assumption of Risk: To the fullest extent permitted by law, the Rider voluntarily assumes all risks associated with e-bike use and accepts responsibility for their own safety and decisions.

7 STATUTORY WARNING – RECREATIONAL SERVICES (SECTION 139A)

WARNING: 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 Australian Consumer Law (that services be provided with due care and skill). This exclusion does not apply to:

  • Liability caused by the reckless conduct of BBEB; or
  • Consumer guarantees relating to goods (e.g., that the bike is of acceptable quality) which cannot be excluded.

8. EQUIPMENT & SAFETY REQUIREMENTS

8.1 Condition: BBEB maintains bikes to industry standards. While BBEB takes all reasonable care, the Rider acknowledges that mechanical issues may occur and must perform a basic pre-ride safety check (brakes, tyres, gears).

8.2 Fault Notification: The Rider must cease riding immediately and notify BBEB if any fault becomes apparent during the hire.

9. RELEASE, INDEMNITY & ACL SAVING CLAUSE

9.1 Release: Subject to Section 6, the Rider releases BBEB from liability for personal injury or property damage arising from the activity.

9.2 Saving Clause: Nothing in this agreement excludes, restricts, or modifies any right or remedy under the Australian Consumer Law that cannot lawfully be excluded.

9.3 Governing Law: This agreement is governed by the laws of New South Wales.

 

RIDER ACKNOWLEDGEMENT By signing (or electronically accepting), I confirm I have read, understood, and voluntarily agree to the Hire Terms, Rider Declarations, Rail Trail Disclosure, and the Safety Waiver set out in this Master Agreement.