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RideOut Coaching Limited Terms and Conditions

 

1. Introduction

The purposes of these Terms & Conditions is to establish the basis of the contract and working relationship between RideOut and you the Rider. We have tried to keep these Terms & Conditions as clear as possible, whilst also endeavoring to be fair to you the Rider, other Riders where applicable, RideOut and RideOut personnel.

Please read these Terms & Conditions carefully, as they will be deemed to have been accepted, in whole and not in part, as soon as a booking is placed whether that be by telephone, electronic message, email, post, website, or via Eventbrite or any other on-line booking system that RideOut may choose to use.

2. Contract

2.1 Commencement

At the time of booking a Contract will be established between the Rider and RideOut as governed by these Terms & Conditions with the exception of Clause 2.2, which shall not apply until payment is received in full. On receipt of payment, see Clause 3, the whole of these Terms & Conditions shall apply. Please note that this means that RideOut are under no obligation to provide any service or services without advanced payment in full of the agreed fee.

2.2 Rider Obligations

You as the Rider agree to meet the following common-sense obligations. If you fail to meet any of these obligations your booking may be cancelled or you activity curtailed, or you may be asked to leave a group activity, without recourse at the sole discretion of the on-site RideOut personnel. In such circumstances you will not be entitled to any sort of refund and neither will RideOut be liable for any costs you may incur as a result. Please therefore read the obligations carefully and ensure that you can meet them so that you, and any other riders alongside you, have as enjoyable a time as possible.

2.2.1 Fitness

RideOut understands that there is a wide range of people who like to take part in, or try, mountain biking and as such encourages as wide a participation as possible. Mountain Biking though, in any form, does require a certain amount of physical exertion and fitness. Sessions, particularly 1:1 and small group coaching sessions can be tailored to different fitness levels, where as each course, trail day or adventure day will require a specific level of fitness. It is up to you the Rider to ensure that RideOut understands your currently fitness level and any limitations that you may have. It is also your responsibility to ensure that you do not book a course, trail day or adventure day that is outwith your physical abilities and fitness. Please contact RideOut before booking a course, trail day or adventure day if you have any concerns about meeting the minimum fitness requirements. For 1:1 and small group coaching sessions, please ensure that you give an outline of your present fitness level to RideOut at the time of making your booking if you are a new customer or if something has changed since your previous session, or course, or trail day, or adventure day, if you are a returning customer.

2.2.2 Medical

For you the Rider’s safety and to assist RideOut in an emergency it is your duty to inform RideOut of any underlying medical conditions or injuries at the time of booking whether you believe this will affect your ability on a mountain bike or not. RideOut will treat this information confidentially and will only use it in an emergency to better inform attending emergency medical personnel, whether that be first aid trained RideOut personnel, volunteer first aiders or professional medical personnel such as paramedics. Failure to disclose relevant information will not only affect the standard of care you may receive but could ultimately lead to medical complications. Should any medical conditions or injuries come to light that the on-site RideOut personnel feels will affect your ability to complete your activity or will adversely affect other people or put them in danger then you may be asked to leave the activity and you will not be entitled to any sort of refund and neither will RideOut be liable for any costs you may incur as a result.

2.2.3 Behaviour

RideOut personnel have the right to work in a safe environment and will do their utmost to keep you the Rider safe so far is reasonably practicable. This can only be achieved with your co-operation in terms of listening to and complying with instructions from RideOut personnel and treating RideOut personnel with the respect that they show all Riders. For the elimination of doubt, on-site RideOut personnel have the sole discretion to make decisions that they believe to be in the best interest of Riders and themselves. As such, RideOut will back their personnel as they are the only in possession of the facts and location conditions when making judgement calls. Any Rider that RideOut personnel believes to be under the influence of alcohol, drugs of any form, or otherwise is not in a fit state to participate and or is not co-operating with RideOut personnel will be asked to leave and you will not be entitled to any sort of refund and neither will RideOut be liable for any costs you may incur as a result.

2.2.4 Food & Water 

It is solely the Rider’s responsibility to ensure that they have enough food and water for each activity. RideOut does not provide food or water for any activity, unless otherwise stated on a booking. If you have any doubt as to how much food and water to carry then please contact RideOut beforehand for advice.

2.2.5 Equipment

2.2.5.1 Introduction

Unless otherwise agreed in writing with RideOut it is the Rider’s responsibility to provide a suitable bike, approved helmet, clothing and protection for any RideOut organised activity.

2.2.5.2 Bike

It is solely the Rider’s responsibility to ensure that the bike that they intend to use for a session is suitable, in a suitable state of repair and has bar-end plugs fitted. Should the on-site RideOut personnel deem the bike to be unsafe then your activity may be cancelled and you will not be entitled to any sort of refund and neither will RideOut be liable for any costs you may incur as a result.

2.2.5.3 eBikes

RideOut welcomes eBikes on eBike specific training courses and for 1:1 and small group coaching sessions. For other activities, please in the first instance contact RideOut as not all activities are suitable for eBikes and or are not suitable for mixed groups of eBike and non-eBike riders. In addition, in line with UK legislation RideOut is unable to offer any activities for Riders under 14 on eBikes and RideOut is unable to coach anyone on an eBike that has been modified to go more than 25km/h with the electric assist on.

2.2.5.4 HIRE BIKES

In some circumstances RideOut can offer hire bikes from a third-party, however, due to the logistics involved these need to be booked at least seven days in advance and the hire costs paid in full at the time of booking. Riders are expected to return hire bikes in the same general condition that they were when passed to the Rider. To this end, the Rider will be solely liable for any additional costs imposed by the Hirer for, but not limited to repairs or late returns. RideOut accepts no responsibility for the setup or state of hire bikes, RideOut is simply acting as an intermediary, but RideOut will do their upmost to ensure that they are delivered in a working and safe condition.

2.2.5.5 Protection

It is the Rider’s responsibility to provide and wear a suitable bike helmet, certified to UK product standards, when on the bike during a RideOut organised activity. Should the on-site RideOut personnel deem the helmet to be unsafe then your activity may be cancelled and you will not be entitled to any sort of refund and neither will RideOut be liable for any costs you may incur as a result. RideOut also encourage the use of, but not limited to, elbow pads, knee pads, glasses or googles, back and chest protection as appropriate to the activity. Please note RideOut does not provide helmets or other protection as part of RideOut services, in the event of RideOut lending out kit this shall remain the property of RideOut and shall be returned in the condition it was lent out, as such any damage will be the Rider’s responsibility to pay for.

2.2.5.7 Clothing

It is the Rider’s responsibility to provide and wear suitable clothing for any RideOut organised activity considering the vagrancies of the weather. Please note RideOut does not provide clothing as part of RideOut services, in the event of RideOut lending out kit this shall remain the property of RideOut and shall be returned in the condition it was lent out, as such any damage will be the Rider’s responsibility to pay for.

2.2.6 Rider Age

Unless otherwise stated you the Rider must be eighteen years or older at the time of an activity. For activities with an age restriction, the Rider age at the time of the activity must fall within the stated age band. If a Rider is found to have an age that is outside the allowable age for an activity, then RideOut will cancel the booking and reserves the right not to provide a refund. Please carefully check age restrictions before making a booking as under 18s can not be accommodated on activities not designed for them.

2.3 Services

2.3.1 Provision of Services

RideOut are not under no obligation to provide any services until those services have been paid for in full as per Clause 3. RideOut will always endeavour to provide coaching sessions in line with the objectives discussed with the Rider(s) beforehand and in line with any promotional material for any group courses, guided rides, trails days, or adventure days. RideOut though reserves the right to alter the format and content of an activity dependent on the Rider(s) attending and the nature of the ground conditions and weather at the time, as such RideOut accepts no liability for changes thus made. RideOut personnel will try and ensure that any alterations are of an equal value to that originally advertised and considering the wishes of the Rider(s), but RideOut personnel have complete discretion over the content and running of a particular activity.

2.3.2 Location & Surcharges

Any prices displayed on promotion materials, the RideOut website or Eventbrite or other online booking system that RideOut may choose to use, are for the stated location only or where no location is given then within 30 miles of Lossiemouth. Activities such as 1:1 and small group coaching can be provided further than 30 miles from Lossiemouth but at the sole discretion of RideOut may incur a surcharge to cover the time and cost of travelling to the venue not only for the activity itself, but where necessary to perform a recce of the location to identify suitable coaching locations.

2.3.3 Minimum Numbers

In some circumstances a group session, guided rides, trail days or adventure days  may have a minimum number associated with them to make them worthwhile, which will normally be displayed as part of the information for the activity. If this minimum number is not, or looks like it won’t be, met then it is at the discretion of RideOut whether the activity goes ahead or not. In the event of RideOut deciding to cancel an activity, for whatever reason, then Clause 4.2 shall apply.

2.4 GOVERNING LAW

This contract shall be governed by Scottish law.

3. Payments / Fees

3.1 Fees

The fees stated by RideOut in writing for a particular activity, whether that be by email, electronic message, on the RideOut website, in promotional materials, on Eventbrite, or any other electronic booking system RideOut chooses to use, shall be fixed and firm, except as varied by Clause 2.2.2. Such fees shall be due at the time of booking, see Clause 2.1, and any fees outstanding for whatever reason within fourteen days of an activity shall be seen as the Rider cancelling their booking, unless the booking itself is made within fourteen days of an activity in which case fees are immediately due. If there is an issue that may cause fees to be paid late then in the first instance please contact RideOut to discuss as we do understand that occasionally we all have cash flow type issues.

3.2 Payment

For bookings made directly with RideOut BACS transfer is preferred, details available on request, whilst bookings made through Eventbrite or any similar online booking RideOut may choose to use require payment using a debit or credit card. For other payment options please contact RideOut to discuss.

4. Cancellation

4.1 By Rider

RideOut understands that from time to time circumstances can arise where a Rider is no longer able to take part in a booked activity. The more notice you can give RideOut the better, and RideOut will endeavour to work with you to find an alternative date or activity. Within fourteen days of a booked activity RideOut reserves the right to not issue a refund or a transfer. In the case of a group activity, if RideOut are able to re-sell the Rider’s place then generally RideOut will issue a refund, but this is at RideOut’s sole discretion particularly if it is within fourteen days of the activity.

4.2 By RideOut

Occasionally it may be necessary for RideOut to cancel a session or move it to an alternate date for whatever reason. If this becomes necessary then we will endeavour to give you the Rider as much notice as possible, but if due to the weather, health or parental responsibilities  this may not always be possible. In such circumstances, RideOut will, typically at the time, decide whether to issue a refund or to try and find an alternative date. If an alternative date can not be found then RideOut will issue a refund. In such circumstances RideOut will not be liable for any costs arising from the cancellation or alternative date.

5. Indemnity / Liability

5.1 Rider

The Rider agrees to indemnify and hold harmless RideOut against all claims arising in respect of any material damage or loss or injury, death, sickness, or ill-health caused to or suffered by the Rider as a result of the performance or non-performance or actions of RideOut and its personnel in relation to services or knowledge provided by RideOut to the Rider.

5.2 RideOut

RideOut agrees to indemnify and hold harmless the Rider against all claims arising in respect of any material damage or loss or injury, death, sickness, or ill-health caused to or suffered by RideOut as a result of the performance or non-performance or actions of the Rider in relation to services provided by RideOut to the Rider.

5.3 Third Party

The Rider agrees to indemnify and hold harmless RideOut against all claims arising from any third-party in respect of any material damage or loss or injury, death, sickness, or ill-health caused to or suffered by a third-party as a result of the actions of the Rider or third-party.

RideOut agrees to indemnify and hold harmless the Rider against all claims arising from any third-party in respect of any material damage or loss or injury, death, sickness, or ill-health caused to or suffered by a third-party as a result of the actions of the RideOut personnel or third-party, except where RideOut has hired a bike or e-bike on behalf of the Rider in which case the Rider agrees to indemnify and hold harmless RideOut against all claims arising from the Bike Hire Company for what ever reason including but not limited to any material damage or additional fees or charges or consequential losses arising from the hire. In such circumstances the hire contract shall deemed to be between the Rider and the Bike Hire Company even though in some circumstances RideOut may have hired the bike from the Bike Hire Company on behalf of the Rider.

5.4 Insurance

5.4.1 Rider

Mountain biking is inherently a dangerous sport and whilst RideOut will look to keep risks within acceptable limits the onus is on you the Rider to ride within your abilities and limits. Given this, RideOut encourages you the Rider to have suitable levels of insurance in place and strongly recommends that you have, as a minimum, third party liability insurance. Third-party liability insurance is typically included with memberships such as British Cycling.

5.4.3 RideOut

RideOut carries a suitable level of insurance as advised by Scottish Cycling and British Cycling, details are available on request.

5.5 Extent of Liability Limitations

Nothing in these Terms and Conditions limits any liabilities that cannot be limited by Scottish law.

5.6 Force Majeure

Neither the Rider or RideOut shall be in breach of these Terms & Conditions or otherwise liable for any failure to fulfil their obligations if such failure results from events, circumstances or causes beyond its reasonable control. In such circumstances RideOut will not refund any fees paid or provide any compensation to the Rider, neither will RideOut look for any compensation from the Rider. Such circumstances under which Force Majeure could exist are, but not limited to, a pandemic, war, riot, terrorist activity, nuclear disaster, natural disaster, adverse weather, or any other conditions where it would be unsafe for activities to take place or the government has ordered people to stay at home.

6. Data & Privacy Policy

6.1 How

Although some limited information may be ascertained by cookies when visiting the RideOut website, in the main data is only collected from it being submitted by  by the Rider to RideOut, or in the case of photographs and videos being taken during a RideOut activity.

6.2 What

Generally speaking, RideOut only collects and stores the following types of data, as well as photographs and videos, that may or may not be stored long term:

  • Name & Contact details.
  • Next of Kin name & Contact details.
  • Details of overall fitness.
  • Details of mountain biking ability, strengths and weaknesses.
  • Time and places of previous coaching sessions.

6.3 Use

Unless otherwise legally requested by a government agency then the collected data is only stored to assist in RideOut providing activities to the Rider and in the event of an emergency response being need during a RideOut activity.

6.4 Data Controller

Anna Riddell is the data controller for RideOut and can be contacted via the contact details on the RideOut website (https://rideoutcoaching.co.uk/),

6.5 Data sharing 

6.5.1 What is shared?

Unless otherwise required by Scottish Law or legally requested by a government agency then the only information that is normally shared, and then only with relevant RideOut personnel to enable them to provide the booked services to you the Rider is:

  • Name and age.
  • Fitness level.
  • Medical information for emergency response.
  • Next of Kin information including contact details.
  • Goals or requirements for a particular activity.

6.5.2 Third-Parties

Data is not routinely shared with any third-party nor is it sold to any third-party, except as might be reasonably expected in an emergency situation. For bookings made through Eventbrite, or any other online booking system that RideOut may choose to use, please check their Data & Privacy Policy s RideOut can not be held responsible for an online booking provider process a Rider’s personal data.

6.5.3 International transfer of Data

RideOut store data locally in the UK and, as far as reasonably possibly, use UK based website servers to host the RideOut website. It is impossible for RideOut to guarantee whether Eventbrite, or any other online booking system that RideOut may choose to use, stores their data in the UK or EAA so please check their Data & Privacy Policy as applicable.

6.5.4 Retention period 

In line with HMRC requirements for the retention of financial records and The Prescription (Scotland) Act 2018 data will be kept for a minimum of five years and a maximum of seven, unless there is due reason for retaining the data for a shorter period. Generally, most data will be kept for under five years is no accidents or incidents took place during an activity and so there is no need to keep it for any longer than is strictly necessary.

6.5.5 Data subject rights

On the receipt of a written Data Subject access request RideOut will, within a reasonable time-frame, provide the Rider with all the data RideOut holds on the Rider. Furthermore, RideOut shall promptly comply with any request from the Rider requiring RideOut to amend or delete the Rider’s personal data.

6.6 Real Cookie Banner

To manage the cookies and similar technologies used (tracking pixels, web beacons, etc.) and related consents, we use the consent tool “Real Cookie Banner”. Details on how “Real Cookie Banner” works can be found at https://devowl.io/rcb/data-processing/.

The legal basis for the processing of personal data in this context are Art. 6 (1) (c) GDPR and Art. 6 (1) (f) GDPR. Our legitimate interest is the management of the cookies and similar technologies used and the related consents.

The provision of personal data is neither contractually required nor necessary for the conclusion of a contract. You are not obliged to provide the personal data. If you do not provide the personal data, we will not be able to manage your consents.

7. Media Policy

7.1 Photographs & Videos Capture

RideOut reserve the right to take photographs and videos of Riders during activities to aid with instruction and to show such photographs and videos to all Riders taking part in an activity as a learning tool.

7.2 Sharing with Rider

RideOut will generally share any or all photographs and videos taken of a Rider during an activity with the Rider, and other Riders as applicable for an activity, however, RideOut are under no obligation to do this and there may be reasons that prevent RideOut from sharing. Any photograph or video shared of you the Rider is issued free for you to use at liberty on social media as long as you acknowledge that RideOut provided the picture or video and any post is in no way damaging to the RideOut brand.

7.3 Supplier Usage

RideOut reserves the right to use any photographs and videos taken during a session for promotional purposes royalty free. If you the Rider do not wish your image to be used in this way then please let RideOut know in writing.

8. Safeguarding Policy

8.1 Introduction

Although the RideOut safeguarding policy is designed for safeguarding children and vulnerable persons, in the main it actually describes how RideOut operates as a whole in order to give you the Rider the best experience possible.

8.2 Key Principles

8.2.1 Wellbeing Centred Approach

All decisions and actions will prioritise the best interests of the Rider, as the Rider’s welfare is paramount.

8.2.2 Inclusivity

RideOut will, so far as is reasonably practicable taking into account the safety of its personnel, be inclusive and recognise the diversity of Riders, ensuring that everyone is treated with dignity and respect.

8.2.3 Communication

Open and transparent communication will be maintained with you the Rider, and where applicable parents, guardians, and relevant authorities regarding safeguarding matters.

8.3 Roles and Responsibilities

8.3.1 Designated Safeguarding Officer (DSO) 

Anna Riddell is the Designated Safeguarding Officer for RideOut and is responsible for receiving and reporting concerns, and providing support, as necessary to ensure compliance with this policy. If you any concerns or questions regarding safeguarding then please contact RideOut via the website (https://rideoutcoaching.co.uk).

8.3.2 Safeguarding Concerns

All RideOut personnel shall be familiar with this policy and it is mandatory for them to report any safeguarding concerns promptly to the DSO.

All participants are encouraged to report any concerns to RideOut personnel during an activity or directly the DSO after an activity.

8.4 Risk Assessment & Management

RideOut will conduct and record appropriate risk assessments for activities considering potential hazards and implementing appropriate control measures. For some activities this may be an individual assessment whereas others may be covered under a wider risk assessment, for instance a single risk assessment might cover all 1:1 coaching with reasonable fit individuals.

8.5 Supervision

RideOut will provide a suitable level of supervision for all activities, which for paid for activities will never exceed eight Riders to one RideOut person.

8.6 Recruitment & Training

8.6.1 Vetting and Screening

All RideOut personnel in prolonged contact with children or vulnerable individuals undergo appropriate background checks via the Scottish Governments Protection of Vulnerable Groups (PVG) scheme.

8.6.2 Training

All RideOut personnel hold suitable certification for the services they are providing or are being supervised towards obtaining said certification. Selected RideOut personnel including the DSO, have undertaken, or are planning to undertake, the Scottish Government’s in-person Child Wellbeing and Protection in Sport (CWPS) training course or equivalent.

8.7 Reporting and Voicing Safeguarding Concerns

Any concerns regarding the well-being of a Rider must be reported to the on-site RideOut Personnel immediately or if not appropriate then to the DSO as soon as is reasonably practicable. This can be done by contacting the DSO through the RideOut website (https://rideoutcoaching.co.uk). The DSO will initiate an appropriate response, which may include involving external agencies when necessary.

8.8 Confidentiality

All information regarding safeguarding concerns will be handled with the utmost confidentiality, shared only with those who have a legitimate need to know. This may include other agencies and those who may provide witness or clarity to any reported concerns.

8.9 Review and Monitoring

The RideOut safeguarding policy and associated actions will be reviewed annually and updated as necessary,

9. Variations

It may be necessary to vary these Terms & Conditions at any time. The applicable set will always be displayed on the RideOut website (https://rideoutcoaching.co.uk/terms-and-conditions/)

10. Definitions

To avoid doubt the following definitions shall apply to these Terms & Conditions:

  • Rider shall mean any person booked onto a coaching session, group session, course, or trail day, or adventure day or any activity organised by RideOut not otherwise listed, whether they booked themselves, or are part of a group booking, or a third-party booked for them, these Terms and Conditions shall apply and be deemed to be accepted by every rider as per Clause 2.1.
  • Activity shall mean any coaching session regardless of group size, group session, course, trail day, adventure day or any sort of ride or other session organised under the RideOut brand or by RideOut whether a fee is payable or not.
  • RideOut shall mean RideOut Coaching Limited or RideOut personnel.
  • RideOut personnel shall mean any person, whether a RideOut Coaching Limited Director, RideOut staff, RideOut casual staff or any third-party, whether paid or un-paid, who has been contracted to provide services under the RideOut brand.
  • RideOut person shall have the same meaning as RideOut personnel.