Terms & Conditions
A legal disclaimer
AMAZING MEMORIES MOTORCYCLE TOURS RELEASE, INDEMNITY AND TERMS AND CONDITIONS
DEFINITIONS
AMMT means Amazing Memories Motorcycle Tours ACN: 683288986. Indemnitees means the following groups or individuals collectively and severally; • the business, its employees • the Tour Leader • all other Tour participants Ride/Tour means a tour organised or arranged under the auspices of or in any way connected with
Amazing Memories Motorycle Tours, the business or any member of the business. Ride Leader/Tour guide means the nominated or de facto leader of a tour. For the sake of clarity, the responsibility for Ride Leader/Tour guide may transfer from one
individual to another during a tour without notice to participants depending on circumstances, terrain or road conditions, local (road) knowledge or for any other reason. Interpretation: Any definition or term referring to the singular shall include the plural and vice versa.
ACKNOWLEDGEMENT OF RISKS, DANGERS & OBLIGATIONS
In consideration of the acceptance of me as a participant on a Tour with AMMT I ACKNOWLEDGE and ACCEPT that:
1. motorcycling is dangerous and that by engaging in the activity I take and am exposed to certain
risks and dangers and am under certain obligations as follows:
i. that I may be injured, physically or mentally, or may be killed;
ii. that my motorcycle, equipment or other personal property may be damaged, lost or destroyed;
iii. that fellow riders may ride dangerously or with a lack of skill endangering me or placing my property at risk;
iv. that terrain or road conditions may be hazardous and may vary without warning or predictability;
v. that the organisers, the Ride Leader, landowners, and any agents or representatives of those who arranged a Tour or selected a route for a Tour are frequently obliged to make decisions under pressure of time and/or circumstance that may result in me encountering more difficult or dangerous terrain or road conditions;
vi. that any policy of insurance of or in respect of my life or physical or mental health may be voided unless it provides for my participation in such activities; vii. that there may be no or inadequate facilities for treatment or transport of me if I am injured;
viii. that there may be no or inadequate facilities to repair or recover my motorcycle if it is rendered inoperable; and
ix. that I have an obligation to myself and to others to act safely and within the traffic rules and regulations applicable in the area of the Tour.
2.In addition to the usual dangers and risks inherent in motorcycling, participation in a Tour has certain additional dangers and risks some of which may result in physical
injury or possibly my death caused by the loss of control of the motorcycle under my control, the actions of a fellow Tour participant, physical exertion for which I may not be prepared, remoteness to normal medical services, and evacuation difficulties if I am injured or disabled in any way.
3. AMMT, it’s employees, Tour Guide and any other individual directly or indirectly associated with AMMT do not make any warranty that;
i) the arrangement, route/terrain selection or planning of a Tour will be provided with due care and consideration for my riding skills, my physical condition/abilities or the condition or suitability of my motorcycle for a Tour, or
ii) that any resources, services, capabilities or skills will be available in the event of an incident involving me or my motorcycle whilst participating in a Tour; iii) to the extent that any warranty is implied it is excluded to the full extent permitted by law.
4. I have voluntarily read and understood this warning and accept and assume full and unconditional responsibility for the inherent personal risks in participating in a Tour.
INDEMNITY AND RELEASE
5. IN CONSIDERATION of the acceptance of me as a participant in Tours in association with or arranged by AMMT:
I AGREE TO INDEMNIFY AND KEEP INDEMNIFIED to the full extent permitted by law the Indemnitees and each of them in the following manner:
a) that I participate in a Tour at my sole risk and responsibility;
b) that I accept the route/course as it stands for any given Tour with all or any dangers, defects or hazards whether hidden or exposed;
c) that I indemnify and hold harmless the Indemnitees, their respective servants, agents, officials and fellow riders against any actions, costs, losses or claims which may be made by me or on my behalf for or in respect of or arising out of my death or any injury, loss or damage caused to me or my property whether caused by negligence, breach of contract or in any other manner whatsoever.
I AGREE TO RELEASE to the full extent permitted by law the Indemnitees and each of them from all liability to me for any claim, loss, damage, cost or expense (whether arising under statute, from negligence, personal injury, psychological trauma, death, property damage or otherwise) that arises as a result of any act, matter or thing
done, permitted or omitted to be done by me or which is in any way connected with my presence at or involvement in a Tour.
6. A term of this release and indemnity will not apply where the term contravenes the law of the relevant jurisdiction under which any legal action is legitimately taken, however such terms are severable and do not invalidate the remaining terms. 7. I agree that this indemnity and release applies to and is effective for all Tours in which I choose to participate and may not be withdrawn or altered in any way.
MEDICAL
8. I declare that I am (and must continue to be) medically and physically fit and capable to participate in the Tours I join. I understand and accept the Indemnitees will continue to rely upon this declaration as evidence of my fitness and ability to participate.
9. I acknowledge and agree that if required, the Indemnitees (or any of them) may arrange medical or hospital treatment (including ambulance transportation) for me. I authorise such actions being taken by the Indemnitees and agree to meet all costs associated with such action.
CONFIRMATION
10. I hereby confirm that I am in possession of a valid driving licence that entitles me to operate a motorcycle with an engine capacity appropriate to that licence. 11. I will at all times adhere to the traffic laws and the rules of group travel and not endanger/damage any person or nature. I confirm that I am physically and mentally able to safely operate the motorcycle. I agree that I will be excluded from active participation in the tour for safety reasons, both in the case of gross negligence and insecurity, and thus a traffic-threatening riding style, without claiming reimbursement. 12. I agree to not ride the motorcycle under the influence of alcohol or any other intoxicants and further undertake that AMMT, participating service agents, technicians and their personnel or any other person connected with the organisation and management of the tour shall not be liable or
responsible therefore in any manner whatsoever in case of any mishap involving me. I acknowledge that riding under the influence is prohibited and shall result in debarring the participant to ride.
13. I give my permission for photographs of me to be used in promotional material for AMMT
14. I am not entitled to a refund of any monies if for any reason I, or any persons accompanying me, choose not to ride.
CONSENT TO USE MEDIA
I hereby consent to Amazing Memories Motorcycle Tours using my image, likeness, voice, and/or quotes in the following media formats:
• Photographs and video on websites and various social media platforms
Purpose of Usage:
This media will be used for presentation, marketing and promotional purposes only. Understanding of Rights:
• I understand that I have the right to withdraw my consent at any time by providing written notification to AMMT.
• I acknowledge that copyright of the media used will belong to AMMT. • I release AMMT from any liability arising from the use of my media, except in cases of gross negligence.
TERMS AND CONDITIONS OF TICKET PURCHASE
CANCELLATION
Tour tickets are payable in full up-front by any of our acceptable payment methods. Tour tickets are not refundable but they are fully transferable. Please consider carefully your ability to commit to attending Tour or your ability to sell ticket if not able to attend before you purchase.
Tickets are specific to the particular Tour you have purchased it for, no credits will be provided for any future tours if you are unable to attend for any reason.
AMMT is an all-weather motorcycle tour provider, a tour will not be cancelled due to weather conditions
PURCHASING A TICKET IS:
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your acceptance of the abovementioned indemnity release and media consent.
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your acknowledgement that it is your responsibility to provide your own bike and protective equipment
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your acknowledgement that your bike is in safe and roadworthy condition and legally registered to be on the road and that you have the appropriate license and experience to ride
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your agreement that you will at all times conduct yourself according to the laws of the land in which the tour is held
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your agreement that you will not hold AMMT liable for any actions you take during tour that give rise to any damage to any property
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your agreement that, if at any time you leave the tour for any reason, it is your responsibility to rejoin tour at your own arrangement, the tour will not wait for you. your agreement that if you need to leave tour for any reason you will endeavour to the best of your ability advise tour Ride Leader/Tour Guide or any other representative of AMMT
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your agreement that you will provide full and accurate information where requested and that AMMT will not be held liable for any omission or error of information provided by you the ticket holder.
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your agreement that any mechanical issues of any kind to your bike or any of your property including protective equipment will be at your discretion to fix. While AMMT will help where possible AMMT is fully discharged from any responsibility to provide rectification.
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your agreement that, if you are involved in any accident while on tour, while AMMT will endeavour to help where possible, the tour will go on, if necessary, without the ticket holder. You agree no refund will be provided regardless of who is at fault.
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your agreement that you will never treat AMMT or any representative of AMMT with abuse of any kind. You agree, in such instances, AMMT has the right to immediately remove you from tour without advice or notice and without any refund.
AMMT will:
Provide full disclosure on all tours including information such as routes, dates, inclusions, itineraries, welcome packs provided.
Always provide the best possible quality venues for all tours for activities such as breakfast, lunch, dinner and for whatever functions may be included in tour
Always where possible choose the best possible roads for routes and where possible to the best of our knowledge provide information on roads.
Avoid dirt roads where possible
Always tour regardless of weather conditions. AMMT is an all-weather touring provider. No refunds are provided for cancellation due to weather conditions
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