General Terms and Conditions
Chainstay's Rental Agreement and Liability Waiver
​​THE BIKES ARE NOT INSURED. The Hiree/Renter is fully responsible for incidental damage, theft or failure to return a bicycle. Insurance coverage waiver for incidental minor damage up to $250 is available at checkout. it is not mandatory but highly recommended.
These Terms & Conditions establish the agreement between Chainstays and you, the renter, regarding the hire of equipment. This agreement forms a legally binding contract under Australian Law. By paying for your equipment hire, you agree to these Terms & Conditions, whether or not a signature is provided.
1. Age Requirement: The renter must be at least 18 years old. If a minor (under 18) uses the hired equipment, they must be accompanied by a parent, guardian, or responsible adult who agrees to indemnify Chainstays against any claims arising from the minor’s use of the equipment. Further Specialized Turbo Levo SL Kids may only be ridden by Children of 12 years and older under supervision of a parent, guardian or responsible adult who agrees to indemnify Chainstays against any claims arising from the minor’s use of the equipment.
2. Authorised Users: The bicycle may only be used by the renter and participants listed on the rental order.
3. Safety Compliance: The renter and all participants must follow Australian road rules, use caution, and common sense while riding, yield to pedestrians, observe cycle path etiquette, and use the bicycle bell to alert others when overtaking.
4. Helmet Use: In accordance with Australian law, all riders, including passengers in child trailers and cargo bikes, must wear an approved bicycle helmet.
5. Prohibition on Impaired Riding: The renter and participants must not operate the bicycle under the influence of alcohol or drugs.
6. Weight Limits: The maximum rider weight for All Adults bikes is 120kgs.
7. Security of Equipment: All bikes must be securely locked to a fixed object when left unattended and remain your total responsibility.
8. Security Deposit: A security deposit will be held by Chainstays for the duration of the rental. The deposit will be refunded upon the safe and damage-free return of the equipment. The renter must provide credit or debit card details as security against potential loss or damage.
9. Damage and Loss Liability: The renter’s credit or debit card will be charged for the full cost of any loss or damage to the equipment, up to the replacement value. This applies to damage caused directly or indirectly by the renter or participants. If a Damage Waiver has been purchased, it may cover certain types of damage; refer to the Damage Waiver Cover for details.
10. Water Exposure: Bicycles are not to be taken into water under any circumstances.
11. Permissible Use: All bicycles are only to be used on paved roads, gravel paths, or designated cycle paths. They are not to be taken on mountain bike trails (Mystic Mountain Bike park).
12. Weather release: No refunds, full or partial, will be provided due to adverse weather conditions.
13. Battery Life: No refunds, full or partial, will be provided if the Electric bike battery is depleted. Battery life can vary depending on rider weight, terrain, weather, assistance level, speed, cadence, and other factors.
14. Return Obligations: The renter is responsible for being at their Accommodation in order to return the equipment at the time specified. Late returns will incur additional charges based on the hourly rate $40 per item.
15. Incident Reporting: The renter must promptly notify Chainstays if the equipment is lost, stolen, damaged, or ceases to function.
16. Hazards or bike riding: The renter acknowledges that riding an Electric or power-assisted bike is different from riding a standard pedal bike. There are additional hazards due to increased power, speed, and weight. A Chainstays representative will provide an operational overview of the electric bike before the rental begins.
17. Safety Inspection: Before departing the renter and/or participants, together with a Chainstays representative, will conduct a safety check of the equipment, including brake functionality, tyre pressure, seat height and seat post security, quick-release lock.
18. Early Returns: No refunds, full or partial, will be provided for early returns of equipment.
19. Cancellations: Changes and No shows: Cancellations made more than 48 hours before the scheduled hire period will incur an administrative fee of 20% of the total booking cost. For cancellations within 48 hours of the scheduled hire period, no refund is due. A booking may be rescheduled for a change fee. Changes must be requested at least 48 hours before the scheduled rental period, with an administrative fee of 20% of the total booking cost. Should the renter not be available for drop off or collection of their hire bike at the specified time and location Chainstays will attempt to contact the hirer using the provided contact number. If they are not contactable within 10 minutes it will be charged as a ‘no show’ and there will be no refund. For collection at the end of your hire period there will be a fee of $20 per bike per 20 minutes that the hires is not at their designated pick up point at their pre booked time.
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Rental Agreement
In this agreement, references to “Chainstays” shall be read and construed as meaning Chainstays (ABN: 50 628 478 326)
As a condition of being able to hire any bicycle and/or training, or other activities offered by Chainstays (“Activity”), I the undersigned hereby agree as follows:
Waiver of Liability and Indemnification:
• I release and forever waive and discharge Chainstays and its affiliates and each of their respective directors, members, officers, employees, agents, nominees, assignees, contractors, and representatives from any and all claims, liability, loss, cost, or expense whatsoever for my death, personal injury, psychological trauma, loss, or damage (including property damage) howsoever arising in relation to the Activity to the maximum extent permitted by law.
• That, to the maximum extent permitted by the law, Chainstays does not make any warranty or undertaking, implied or express, that the Activity will be provided with due care and skill or that any materials provided in connection with the Activity or those services will be of merchantable quality or fit for the purpose for which they are supplied.
• To undertake the Activity entirely at my own risk.
• To participate in the Activity with all due care and skill and in full consideration of all other persons participating in the Activity with me and in full consideration of any persons otherwise present within the areas where the Activity takes place.
• To abide by all applicable laws and regulations during my participation in the Activity, including but not limited to wearing a helmet at all times while participating in the Activity.
• To respect and abide by all reasonable instructions and directions of Chainstays prior to and during the Activity, particularly with respect to health and safety and the consumption of water.
Acknowledgement and Assumption of Risk:
I acknowledge that:
• Due to the nature of the Activity, there are inherent risks and dangers to persons undertaking the Activity, that the Activity presents additional risk, and I voluntarily accept those risks and dangers.
• The risks associated with undertaking the Activity include the risk that I may suffer damage, harm, or loss of any kind as a result of:
• Falling off my bicycle or colliding with the ground or an object;
• One or more bicycles (or parts of them) or my person colliding with other vehicles, persons, or property;
• Judgment and/or behavior-related problems by me during the Activity and by other road or bicycle users;
• Weather-related hazards (e.g., rain, heat, cold, humidity, fog, dirt, mud, water, flood);
• Acts of negligence, violence, and other harmful acts (whether intentional or inadvertent) committed by other persons; and
• The failure or unsuitability of fencing, road surfaces, ground surfaces, terrain, physical objects such as posts, trees, roots, branches, waterways, gradients, etc., or the failure of third-party operators to ensure the safety of persons or property on land or property under their care or control.
I acknowledge that I am fully responsible for the bicycle while out on hire and agree:
• That I must deliver the bike back to Chainstays when it is due back.
• That this contract is void if the bike is not returned within 4 hours of the scheduled hire return time.
• That I understand that I will be held liable for the bike and agree to pay for all costs, charges, fees, and expenses whatsoever associated with the bicycle being kept longer than agreed, lost, stolen, or damaged while under my use and control under this Agreement.
• That I accept full financial responsibility for the care of the bicycle while in my possession, control, and use, including but not limited to paint scratches.
I further declare and confirm as follows:
• That I am in good health and that I am not suffering from any medical condition or disability likely to adversely affect me during the Activity or make it unsafe for me to undertake the Activity or participate in any other bike-related Activity.
• That I will not be under the influence of any alcohol or non-prescription drugs before or during any part of the Activity.
• That I am solely responsible for any decision regarding my fitness to participate in the Activity and for my participation in the Activity itself, and I will comply with all instructions provided by Chainstays before or during participation in the Activity.
• That I am competent to safely ride the bicycle and will observe safe riding practices and safe hygiene practices and obey all laws.
• That I will wear all appropriate and required safety equipment, including a helmet suitable for the type of ride. I am responsible for informing myself as to the safety equipment required for this bicycle.
• That I understand that Chainstays reserves the right to require me to cease participating in the Activity if it considers my actions to be dangerous or detrimental to other road or bicycle users or for any other reason in the discretion of Chainstays.
• That I am happy to provide my name, phone number, address, driver licence, headshot photo, and other personal information/data (if any) to Chainstays for the purpose of contacting me at any time in relation to the Activity and/or the business of Chainstays.
• That I have understood and I agree with all terms, including all acknowledgements and agreements in this disclaimer.
I also agree that Chainstays (and third parties appointed by Chainstays for advertising and promotion, sponsors, and partners) may use images and audio-visual recordings of the Activity (and my participation in the Activity) in any media whatsoever worldwide in perpetuity and I hereby assign any copyright or other intellectual property rights that I may accrue in respect of the Activity to Chainstays.
If this document is a ‘consumer contract’ or ‘small business contract’ (each as defined in the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (Cth) (“ACL”)) and a term of this document would, but for this term, be ‘unfair’ as defined in section 24(1) of the ACL, Chainstays may only apply or rely upon that term to the extent that doing so is reasonably necessary to protect Chainstays’ legitimate interests.
Each of the provisions contained herein is distinct and severable, and a declaration of invalidity or unenforceability of the whole or part of any such provision shall not affect the validity or enforceability of any other provision. A signed copy of this agreement or any other ancillary agreement transmitted by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this agreement or such other ancillary agreement for all purposes.