PLEASE READ THE FOLLOWING TERMS AND CONDITIONS AND DISCLAIMER CAREFULLY. If you do not agree to these terms you may not hire the products of Frame Running Wollongong Ltd (“the Company”).
By using the Company’s hire frame runner, equipment and services you agree to these TERMS and CONDITIONS and DISCLAIMER.



Frame Runner Hire

All Hirers are required to pick up and deliver the Frame Runner on the day stated as per the Hirer’s Booking Communication.

At pick up, the Hirer is required to sign a Frame Runner Condition Report, at which time any pre-existing damage will be photographed.

The Hire Equipment must be returned to the agreed location, following the conclusion of the stated Hire Period. The Company reserves the right to charge a fee as a result of any delay in the return of Hire Equipment (minimum fee is $60.00).

The Hire Equipment will be inspected at the time of return and the condition will be recorded on the Frame Runner Condition Report, which must be signed by the Company and the Hirer. Any new damage will be photographed.

The Company shall not be liable for any loss or damage whatsoever due to the failure by the Company to deliver the bike and equipment (or any of them) promptly or at all.




Requirements to hire

Hirers must be able to reference a Booking Confirmation.

Hirer’s body weight must be below the frame's manufactures stated limit.




Risk

All risk for the Hire Equipment passes to the Hirer upon collection or delivery. The Hirer accepts full responsibility for the safe keeping of the Hire Equipment and indemnifies the Company for all loss theft or damage to the Hire Equipment howsoever caused and without limiting the generality of the foregoing whether or not such loss, theft or damage is attributable to any negligence failure or omission of the Hirer.

The Hirer accepts full responsibility for and shall keep the Company indemnified against all liability in respect of all actions, proceedings, claims, damages, costs and expenses in respect of any injury to persons or damage to property arising out of the use of the Hire Equipment during the Hire Period however arising and whether or not arising from any negligence, failure or omission of the Hirer or any other persons.

The Hire Equipment is and will at all times remain the absolute property of the Company, nonetheless, all risk for the Hire Equipment passes to the Hirer on and from the commencement of the Hire Period until the Hire Equipment has been returned into the possession of the Company. That is, title to the Hire Equipment shall remain with the Company.



Hirer must:

Satisfy itself at pick up that the Hire Equipment is suitable for its purposes;

Operate the Hire Equipment safely, only for its intended use, and using all relevant safety gear, and in accordance with any instructions whether advised by the Company or supplied with the Hire Equipment. The Frame must only be used by the intended child.

At all times wear a bike helmet. If a Hirer does not have their own Australian approved Helmet, the Company will supply the Hirer with a helmet for use during the Hire Period


Notify the Company immediately by telephone of the full circumstances of any incident or accident.


On termination of the Hire, the Hirer shall return the Hire Equipment complete with all parts and accessories in good order as delivered.


Obey the directions and instructions of the Company.


Keep and maintain the Hire Equipment in working order, so that the Hire Equipment is suitable for rehire by the Company.


Ensure that the Hire Equipment is stored securely, whenever it is not in use.

Shall not alter or make any additions to the Hire Equipment including but without limitation altering, making any additions to, defacing or erasing any identifying.

Not operate the Hire Equipment under the influence of any drugs or alcohol;



The Company’s liability

All Hirers must read, and agree to this TERMS AND CONDITIONS AND DISCLAIMER, which must be signed by the Hirer before any hire services can be undertaken.

Hirer agrees that to the extent permitted under applicable law, in no event will the Company or its officers, volunteers, directors, parents, subsidiaries, affiliates, agents or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, lost opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of or access to, or the inability to use or to access, the Hire, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise.

To the extent permitted by law, the Company limits its liability for breach of any term, condition or warranty implied by statute and that cannot be legally excluded to, at the Company’s option: (i) refunding the price of the goods or services in respect of which the breach occurred; or (ii) providing, replacing or repairing those goods or providing those services again. To the maximum extent permitted by applicable law, in no event shall the Company’s aggregate liability for any claims arising out of or related to these Terms and Conditions exceed an amount equal to the booking fee actually retained by the Company in connection with the Hire giving rise to such claim.

It shall be your responsibility to make all necessary enquiries and take any action you consider necessary if you require insurance or to have insurance coverage that covers you in respect of any goods or services provided by the Company, prior to proceeding with a booking.




Disclaimer

The Hirer accepts that frame running can be a dangerous undertaking and has inherent dangers and risks, including the risk of injury or death to the participant.

The Hirer accepts that in undertaking such activities, does so at their own risk.

The participant further acknowledges and agrees that due to the nature of the activity, it would be unreasonable for the Company to be in any way responsible for any injury to or death of the participant and the participant hereby, to the full extent permitted by law, waives all of his or her legal rights of action against and fully releases the Company for loss, damages, injury or death howsoever arising out of or in relation to the participation by the participant in the activities conducted or organised by the Company including without limitation, liability for any negligent or tortious act or omission, breach of duty, breach of contract or breach of statutory duty on the part of the company, its office bearers, directors, employees or agents.