Ciclo Community Ride Waiver, Risk Acknowledgement, Release, and Indemnity Agreement

Important: Please read this document carefully before participating in any Ciclo ride. By signing up for or participating in a Ciclo ride, you acknowledge that you have read, understood, and agree to the following terms.

1. Participation in Ciclo Rides

1.1 Agreement to These Terms: These terms and conditions apply to all Ciclo-organised group bicycle rides ("Ciclo Rides"). Your participation in any Ciclo Ride is conditional upon your agreement to and compliance with these terms at all times. If you do not agree with these terms, you must not participate in any Ciclo Ride.

1.2 Ride Leader Authority: Ciclo ride leaders ("Ride Leaders") have the authority to instruct any rider who, in their reasonable judgment or that of Ciclo, is not complying with these terms or is riding unsafely to stop participating in the current or any future Ciclo Rides. You must follow any such instructions immediately.

1.3 Your Responsibility: You are solely responsible for ensuring you possess the necessary skills, experience, physical fitness, preparation, and suitable equipment for any Ciclo Ride you choose to join. By participating, you confirm and warrant that: (a) You are 18 years of age or older. (b) You have the required cycling skills, physical health, fitness, and experience to safely complete the chosen Ciclo Ride. (c) You will use a road-legal and well-maintained bicycle with functional brakes and appropriate tire pressure for the ride conditions. (d) You are capable of performing basic, unassisted repairs to your bicycle. (e) You will be fully self-sufficient for the duration of the ride, including carrying adequate water, food, front and rear lights, and your own repair/tool kit.

You understand and agree that Ciclo does not provide on-road support during rides and is not responsible for mechanical assistance, medical aid, or other services.

2. Acknowledgement of Risks

You understand and agree that: (a) Ciclo Rides take place on public roads and are recreational activities that inherently involve significant physical exertion, risks, and potential dangers. (b) You are personally responsible for any fees or costs incurred due to an accident involving you or caused by you, including but not limited to fees from police, air ambulance, fire and rescue services, and ambulance services.

You acknowledge that you are responsible for your own personal safety and belongings, including ensuring you are physically and mentally prepared and have the necessary health and fitness to participate in any Ciclo Ride.

**You acknowledge that this constitutes a risk warning under applicable consumer laws.**

3. Ride Conduct and Safety

3.1 Ride Leader Instructions: You agree to follow all reasonable instructions given by Ride Leaders, including those related to speed, directions, and route changes.

3.2 Road Safety Rules: During all Ciclo Rides, you must: (a) Obey all bicycle-related road rules applicable in the state where the Ciclo Ride occurs, including the Road Safety Road Rules 2017 (Vic) or their equivalent in other jurisdictions. (b) Wear a properly certified helmet at all times that meets the latest EN1078, ANSI Z90/4, or SNELL standards. (c) Not wear headphones at any time while riding. (d) Carry a working mobile phone and appropriate identification.

3.3 Emergency Contact: In the event of an accident where you are unable to call for emergency services yourself, you agree that a Ride Leader, another rider, or a member of the public may do so on your behalf.

3.4 Rider Behaviour: All riders are expected to behave in a manner that reflects positively on themselves and the Ciclo brand. This includes: (a) Being considerate of all other road users and individuals encountered on or off the road. (b) Understanding that aggressive, violent, abusive, or erratic behaviour towards Ride Leaders, other riders, road users, or the public will not be tolerated. Individuals exhibiting such behaviour may be asked to leave the ride immediately and may be excluded from future Ciclo Rides. (c) Not dropping or leaving any litter during the ride and responsibly disposing of any waste in appropriate bins. Riders found littering may be banned from future Ciclo events.

3.5 Insurance: Ciclo recommends that all riders have personal liability insurance suitable for participating in group cycling activities. You acknowledge that you have been advised to obtain your own personal insurance before participating in a Ciclo Ride and understand that: (a) Other participants in the Ciclo Ride may or may not have their own individual rider insurance. (b) If you do not have suitable insurance, you may be personally liable for any losses arising from your participation in the Ciclo Ride.

4. Liability and Waiver

(a) To the fullest extent permitted by law, Ciclo and its representatives (including employees, officers, contractors, and agents) exclude all liability (including regarding any warranty or guarantee) for any loss, damage, or liability to you or your personal belongings arising from your participation in a Ciclo Ride. This includes any death, physical or mental injury, or the aggravation, acceleration, or recurrence of any existing condition. (b) You agree to indemnify and hold Ciclo and its representatives harmless against any claims, liabilities, losses, damages, proceedings, or actions, including reasonable legal fees and any settlements or ex gratia payments arising from your conduct or your participation in a Ciclo Ride. (c) Nothing in this document excludes, limits, or modifies the application of any applicable Consumer Law or the exercise of any rights or remedies provided by such law where doing so would be illegal. To the greatest extent permitted by law, the maximum liability of Ciclo and its representatives to you for a breach of any non-excludable guarantee under the Consumer Law is limited to the re-supply of the Ciclo Ride or the cost of having the Ciclo Ride re-supplied.

5. Privacy

Ciclo collects, holds, and uses your personal information in accordance with its privacy policy, which can be found at [Insert Ciclo's Privacy Policy Link Here].

6. General Provisions

(a) Ciclo reserves the right to cancel or modify any scheduled Ciclo Ride at any time. (b) These terms are governed by and interpreted in accordance with the laws of [Specify Governing State/Territory, e.g., Victoria, Australia]. You agree to the non-exclusive jurisdiction of the courts of that jurisdiction. (c) These terms will not be interpreted against a party solely because that party drafted them. (d) Headings in these terms are for convenience only and do not affect their interpretation. Words can be singular or plural, and any gender includes all genders. "Including" means "including but not limited to." "Person" includes individuals, companies, trusts, and other legal entities. (e) Nothing in these terms creates a partnership, agency, or trust relationship between you and Ciclo or any Ciclo employee, agent, or officer. (f) If any part of these terms is found to be invalid or unenforceable in any jurisdiction, that part will be interpreted to the minimum extent necessary to make it valid, or if that's not possible, it will be removed from these terms in that jurisdiction without affecting the rest of the terms or its validity in other jurisdictions.

7. Definitions

• Consumer Law: Means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and all corresponding state and territory consumer protection legislation.

• Ciclo: Refers to [Insert Ciclo's Legal Name and ABN/Business Number, if applicable].

• Ciclo Ride: Means any group recreational bicycle ride organised or facilitated by Ciclo.

• Representatives: Includes any employee, officer, related entities, contractor, or agent of Ciclo.

• Rider: Means any individual participating in a Ciclo Ride.

• Ride Leader: Means the Ciclo representative leading a Ciclo Ride.

• You/Your: Refers to the individual agreeing to these terms.

By participating in a Ciclo Ride, you signify your understanding and acceptance of this Ride Waiver, Risk Acknowledgement, Release, and Indemnity Agreement.