Hire Terms and Conditions

Hire Period: Begins at the start of the booked hire period and ends when returned. Late returns incur additional charges.

Payment: Full payment required before collection. A security deposit is required, refundable upon return of undamaged equipment.

Use: Equipment to be used safely and responsibly by the Hirer only. Compliance with all Queensland and Australian road rules is mandatory.

Condition: Equipment provided in good working condition. Return in the same condition, reasonable wear and tear excepted.

Safety: Helmets must be worn at all times. The Hirer must check equipment condition before use and report any issues immediately.

Damage/Loss: Hirer responsible for any damage or loss. Repair or replacement costs deducted from deposit or invoiced if exceeding deposit.

Theft: Report theft to police and Spoke N Trail immediately. Hirer liable for full replacement cost if equipment is stolen.

Insurance: No personal accident or health insurance provided. Hirer must have adequate insurance coverage.

Liability: Spoke N Trail not liable for personal injury or property damage. Hirer indemnifies Spoke N Trail against any claims from use of equipment.

Termination: Spoke N Trail can terminate hire agreement for non-compliance. Equipment must be returned immediately upon termination.

Governing Law: Terms governed by Queensland, Australia laws.

Equipment Responsibility:

•Care and Proper Use: I agree to accept full responsibility for the care and proper use of the hired equipment. This includes ensuring that the equipment is used in accordance with its intended purpose and that all safety instructions provided by Spoke N Trail are followed.

•Damage Beyond Normal Wear and Tear: I understand that I am responsible for any damage to the equipment that goes beyond normal wear and tear. Normal wear and tear are defined as the expected deterioration of the equipment through regular, appropriate use. Examples of damage beyond normal wear and tear include, but are not limited to:

•Bent or broken frames or forks

•Damaged wheels, including bent rims or broken spokes

•Cracked or broken components such as handlebars, seat posts, and pedals

•Electrical damage to e-bikes

•Significant cosmetic damage, such as deep scratches or dents

•Payment for Damages: In the event that the equipment is damaged beyond normal wear and tear, I agree to pay for the cost of repairs or the replacement value of the equipment, whichever is less. The assessment of damage and associated costs will be determined by Spoke N Trail.

•Loss of Equipment: I accept full responsibility for the loss of any hired equipment. In the event of loss, I agree to pay the full replacement cost of the equipment. Loss of equipment includes theft, regardless of circumstances, and any situation where the equipment is not returned to Spoke N Trail.

•Security Deposit: Any applicable security deposit will be used to cover the costs of damage or loss. If the costs exceed the security deposit, I will be invoiced for the remaining amount, which must be paid within 14 days of the invoice date.

•Inspection and Reporting: I agree to inspect the equipment before each hire and to report any pre-existing damage or issues to Spoke N Trail immediately. Failure to report pre-existing damage may result in being held responsible for such damage.

Assumption of Risk and Waiver of Liability

In consideration of the services of Spoke N Trail, its owners, agents, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “Spoke N Trail”), I hereby agree to release, indemnify, and discharge Spoke N Trail, on behalf of myself, my children, my parents, my heirs, assigns, personal representatives, and estate as follows:

1. Acknowledgement of Risk: I acknowledge that cycling, mountain biking, and using associated equipment entail known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks cannot be eliminated without jeopardizing the essential qualities of the activity.

2. Risks: These risks include, but are not limited to: terrain hazards, weather conditions, collisions with other riders or stationary objects, mechanical failure of equipment, falls, and the actions of other participants. I understand that Spoke N Trail has advised me to wear an Australian Standard Approved helmet and appropriate safety gear while riding.

3. Release of Liability: I voluntarily release, forever discharge, and agree to indemnify and hold harmless Spoke N Trail from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of Spoke N Trail’s equipment or facilities, including any such claims which allege negligent acts or omissions of Spoke N Trail.

4. Fitness to Participate: I certify that I am physically fit and have no medical condition that would prevent my participation in this activity. I understand that Spoke N Trail strongly recommends that I consult a physician prior to undertaking any physical activity.

5. Equipment Responsibility: I agree to accept full responsibility for the care and proper use of the hired equipment. I agree to pay for any damage to the equipment beyond normal wear and tear, and for any loss of equipment.

6. Compliance with Laws: I agree to abide by all Queensland and Australian road rules, safety laws, and regulations while using the hired equipment. I acknowledge that failure to comply with these laws may result in injury or legal consequences for which I am solely responsible.

7. Insurance: I understand that Spoke N Trail does not provide personal accident, health insurance, damage, loss or theft coverage for participants. I understand it is my responsibility to have adequate insurance coverage for myself and my dependents in case of injury.

8. Governing Law: This Agreement shall be governed by and interpreted in accordance with the laws of Queensland, and I consent to the exclusive jurisdiction and venue of the courts located in Queensland for any legal proceeding arising out of this Agreement.

 
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Spoke N Trail on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.