Wellness on Wheels – Terms and Conditions

[last updated October 2024]

Welcome to Wellness on Wheels – Inspiring Wellbeing Outdoors!

Wellness on Wheels programs are made available by Georgina (George) Landy ABN 79 797 178 712 of Alice Springs NT, Australia, referred to as ‘Wellness on Wheels’, ‘WoW’, ‘we’, ‘us’, or ‘our’.

At Wellness on Wheels, we offer a variety of education and coaching programs to encourage you to get moving outdoors for the improvement of your health and wellbeing. We help you to build your mountain biking skills and facilitate extraordinary desert adventures – *bikes supplied! (*see clause 3 below)

When you chose one of our programs, you agree to these terms and conditions for yourself and on behalf of all participants, without having to sign anything. These terms and conditions, including our Event Waiver form, create our entire agreement with you and each participant in our programs.

Our website contains additional information about our programs.

Reference to ‘you’, ‘your’, ‘rider’ or ‘participant’ in these terms and conditions applies to the purchaser, parent or guardian and the participant in our programs, as applicable.

1. Wellness on Wheels
   • Wellness on Wheels programs are conducted by qualified and experienced coaches. We reserve the right to substitute a coach for any program based upon availability.
   • Wellness on Wheels programs are suitable for a variety of age groups and skill levels. We aim to help you achieve the goals you set when starting our programs. However, you understand we cannot guarantee any particular outcome as your application of what we teach is up to you and outside of our control.
   • Our programs start on time. If you are using one of our bikes, please arrive at least 20 minutes before the start of your program to get your equipment.
   • Individual components of our programs are not redeemable, transferable, or interchangeable. If you miss a session, you lose the opportunity to participate in that part of the program. We do not make available additional make-up sessions after the end of the program.
   • Before you participate in our programs, you must assess whether the program is suitable for you, taking into account your own personal needs, including physical capacity and determination to fully commit to completing the program in its entirety.
   • Our coaches:
     • are introduced on our website;
     • have working with children clearance or Ochre Cards;
     • have Wilderness First Aid or standard First Aid training and certification to assist in case of minor incidents, but you remain mainly responsible for managing your own health and safety.
   • We may use subcontractors to deliver our services. Any subcontractor engaged will be bound by these terms and conditions.
   • If you would like to raise any concerns during a program, please put your concerns in writing in and email and we will do our best to respond to you promptly.
   • Any personal information we collect will be used only for the purpose of delivering our services and will not be disclosed to anyone outside our business.
2. Before Completing your Booking
   • We offer a variety of programs including guides tours, weekly wellbeing rides, bicycle maintenance classes and skills improvement workshops in individual and group sessions.
   • Before participating in Wellness on Wheels programs or coaching, please consult your general practitioner or healthcare professional for your own health and safety if you have any concerns about your ability to participate.
   • All participants must consider and accept the Risks of Mountain Bike Riding (see below) before participating.
   • Before making your booking, please ensure you are available to attend and complete all program requirements and attend all program dates.
   • We reserve the right to refuse anyone entry into our programs, and to remove anyone from participation. A person could be removed for example, for being disruptive, behaving in a way that is unsafe or causes risk to other participants, having unpaid or overdue fees, or for other reasons.
3. Hiring our Equipment
   • We have limited bikes and helmets available for participants to hire. Please ensure you choose the ‘Yes please’ option for bike and helmet hire at the time of making your booking so that those items are available for you when you arrive. If you do not choose that option, we expect you to arrive with your own equipment, see below.

(b)       Bikes have a maximum carrying capacity. If you are hiring one of our bikes and you weigh more than 100kg, please let us know.

(c)       We have a program of regular service and maintenance for our equipment to maintain condition and safety. 

4. Using your own Equipment
   • You are responsible for the condition of your own equipment, however, if we believe your equipment may be unsafe, we reserve the right to refuse your participation in a program.
   • In the Northern Territory all children 17 years and under are required to wear a bike helmet when riding. Riders 18 years and over are required to wear a helmet when riding on the road. Many of our programs may include some road use, so please ensure you have a helmet.
   • For your own health and safety, we recommend you wear or bring the following equipment. Please ensure they are in good condition before the start of each session:
     • off-road ready bicycle;
     • helmet – Australian Standard Approved and the right size for you;
     • 500ml water bottle full of water;

In addition, we recommend having the following additional equipment if possible:

• multi-tool with chain breaker;
• pump;
• spare tubes; and
• full-finger riding gloves.

5. School Programs
   • We provide school programs aligned with school term dates.
   • School programs have a maximum of 10 participants per group. If more than 8 participants are enrolled in a group, we request that a parent, teacher or guardian also be involved in all sessions, and that person may be required to provide their own equipment depending on the size of the group.
   • School programs must be booked and paid for in full at least 30 days before the start of the term. If payment is not received before the start of term, the program will not be delivered.
   • Participant’s may be substituted with a replacement rider provided that 48 hours notice is provided to us given the name and age of the replacement rider.
6. Corporate and Group Programs
   • Group programs have a maximum of 50 participants. You will not be able to register for a group program that is already full.
   • Group programs will be delivered at the skill level of the least experienced participant in the group. Please take this into consideration when booking. For example, tricks and jumps will not be included in sessions which involve first time mountain bike riders.
   • For groups of participants where all participants are under the age of 18 years, we request that a parent or guardian accompany the group, and that person may be required to provide their own equipment depending on the size of the group. We may continue the activity without a parent or guardian at our discretion.
7. Individual Programs
   • Individual programs are tailored to the participant’s skill level and participation goals, including appropriate terrain.
   • Individual programs can be booked 1 session at a time or in packages, as set out on our website.
   • Our session length may vary, depending on our coaches and the season and your skill level. Please confirm the estimated length of your session prior to booking a session.
   • Fees apply if you need to reschedule a booking, see below.
8. Health Coaching
   • Our health coaching is designed to support you to improve your current level of health and wellbeing over a period of 6 months. We help you to set realistic health and wellbeing goals and hold you accountable for your progress toward those goals. We may make suggestions about nutrition and lifestyle to assist you to achieve your goals.
   • When you book health coaching, you commit to the full 6 month program whether or not you use the whole of the program. You can renew this program at any time.
   • Health coaching is delivered through 12 x 1.5-hour monthly sessions booked in advance at the same time each month. Please ensure you can attend all sessions when scheduled as we cannot guarantee that make-up sessions will be available if you are unable to attend a session.
     • No refunds are provided if you are unable to attend a session.
     • Please notify us as soon as possible if you are unable to attend a session for any reason.

9. Waitlist
   • For program dates that are not yet finalised we may open a waitlist. Including your details in our waitlist does not guarantee you a place in our next program, it only provides us with details by which we can contact you to let you know about upcoming availability.
   • No payment is required to include your name in a waitlist. You may remove yourself from a waitlist at any time by sending us an email.
10. Your responsibilities
    • Each time you attend a session, you warrant (legal promise) to us that you are fit and able to participate in the session and that participating in the session will not have a detrimental affect on your health, safety, comfort or physical or mental condition.
    • We expect all participants to:
      • be considerate of and respectful to coaches and other participants;
      • follow the direction of the coaches;
      • take care of your own equipment and any hired equipment;
      • accept responsibility for your actions;
      • be open to constructive feedback;
      • be punctual for all sessions; and
      • be mindful of your own health and safety and the health and safety of other participants.
    • By participating in a session, unless you notify us in writing before the session, you consent and give us your permission to use any photographic, audio or visual recording of you in any promotion or other material in relation to the business of Wellness on Wheels without reference to you and without payment to you.
11. Consent to Ambulance and Medical Treatment
    • In the event of an emergency, you consent to and authorise us to request an ambulance on your behalf (and you agree to bear the expense of that ambulance) and you agree to receive (and bear the expense of) any first aid provided by qualified and or registered medical personnel.
12. Risks of Mountain Bike Riding
    • Our programs involve cycling off-road. It is your decision alone as to whether you participate in any session and if you have any doubts as to your abilities or competence you should not participate in the session.
    • All participants acknowledge that cycling involves a risk of injury, death and or damage to property. The risks inherent in mountain bike riding, cycling and riding off-road include, but are not limited to:
      • minor physical injuries such as scrapes and bruises;
      • major physical injuries such as broken bones, concussion or heart attack;
      • bites, stings, scratches or other injuries from animals, insects or reptiles; and
      • other conditions such as sunstroke, heatstroke, dehydration or exhaustion.
      • Conditions may vary without warning and there is a risk that you may cause harm to another participant, or another participant may cause harm to you.
      • Your property may be lost or damaged during a program.
    • By participating in a session or program offered by Wellness on Wheels, you agree to assume the Risks of Mountain Bike riding and the responsibility for any injury, death or property damage you may suffer from your participation in those activities, and provide the release and indemnity set out below.
13. Release and Indemnity
    • To the fullest extent permitted by law, you indemnify Wellness on Wheels and its contractors for any loss, damage or injury you may directly or indirectly suffer in connection with, arising out of, or resulting from (without limitation):
      • participating in any session;
      • not being permitted to undertake a session, or having a session cancelled by us for any reason;
      • your breach of these terms and conditions; and
      • and to the extent permitted by law, any contractual or negligence claim made by you or your parent/guardian arising from the provision of our services.

14. Fees and payment
    • Payment for our programs is required at the time of booking when booking online. We can provide invoices for School or Corporate bookings, which must be paid in full 30 days before the commencement date of the booked program.
    • Online payments are processed by Stripe and any processing fees are payable by you at the time of purchase. We do not store your payment details.
    • If any transaction fees are incurred or a payment is dishonoured for any reason, you will be liable for transaction fees and dishonour fees incurred by us.
    • If we agree to another arrangement for payment of your program, such as instalments, you are agreeing to pay for the whole of the program in full and will not receive a refund if you stop attending our program sooner than the end of your enrolment and will continue to be liable to pay the full amount for the program in line with our cancellation terms.
15. Cancellation or Re-scheduling
    • Tours – If you wish to cancel or reschedule a tour, fees will apply as follows:
      • Provided that we have the available time, you may reschedule a tour for another date within 30 days, and you may only reschedule once. A second request will be deemed a cancellation. An administration fee of $200 will apply to process your request to reschedule the date.
      • If you wish to cancel a tour between 4-8 weeks from the tour date, a cancellation fee equivalent to 50% of the tour cost will apply.
      • Cancellation by you less than 30 days from the tour commencement date will not be eligible for refund or credit.
    • Programs and Sessions – If you wish to cancel a program or session, a cancellation fee will apply as follows:
      • Cancellation by you more than 8 weeks from the program commencement date will be eligible for a full refund, less an administration fee of $200 or any higher amount set out on your booking form.
      • Cancellation by you 4 – 8 weeks from the program commencement date will be eligible for a 50% refund.
      • Cancellation by you less than 30 days from the program commencement date will not be eligible for refund or credit.
    • You may reschedule a program or session provided that we have the time available for the rescheduled dates, and subject to the payment by you of an administration fee of $100.
      • You may only reschedule a session or program once. A second request will be deemed a cancellation.
      • Sessions – Single sessions must be rescheduled with a minimum of 24 hours prior notice, to a date that is within 30 days of the date of the session being rescheduled or your session will be deemed cancelled.
      • Programs – You may ask to reschedule your participation in a program with a minimum of 24 hours prior notice, provided that you reschedule your participation within 12 months of the date the original program was scheduled to commence, or your booking will be deemed cancelled.
      • Schools – Term bookings may be rescheduled with a minimum of 30 days prior notice to the next school term only and will otherwise be deemed cancelled.
    • We rarely cancel programs however, if we need to cancel a full program for any reason, the fees received from you will be refunded, or you may ask us to transfer your payment to the next available program.
    • If we are unable to conduct a scheduled session for any reason (including a prediction of unsafe weather conditions), we will offer a replacement session within 14 days of the date of the scheduled session, and that offered replacement will be your only compensation for the cancelled session.
    • No compensation will be payable to you for any other expenses you may have incurred in arranging to attend a cancelled program or session.
    • We reserve the right to cancel or suspend any participant’s participation in a program or session at any time without notice if we believe that the participant has failed to comply with these terms and conditions, or the participant’s behaviour has the potential to cause any type of harm to us or other participants. We will not provide a refund if a participant is removed from a program or session for these reasons. We will not be liable for any loss or damage you may suffer if you are removed from a program for these reasons.
16. Substitutions and Refund policy
    • You may substitute a replacement participant in a riding or maintenance program provided that you notify us of the replacement participant’s name and contact details at least 48 hours before the commencement of the session or program that person will participate in. Substitutions are not available for health coaching due to the personal nature of the coaching program.
    • The grant of a refund is subject to Australian Consumer Law (ACL) and the terms and conditions of this agreement. This agreement does not seek to limit the ACL in any way. We will consider your circumstances, but please be aware that we are not obliged to refund you if you change your mind or become unable to attend due to circumstances outside our control. 
17. Limited liability
    • It is your responsibility to choose the program that suits your requirements.
    • We don’t expect you to be liable for, nor will we be liable for your lost revenues, profits or savings, nor for any indirect, exemplary, punitive, special or consequential loss or damages of any party, including third parties, even if a party has been advised of the possibility of that loss or damages.
    • To the fullest extent permitted by law, and without limiting the application of relevant consumer law, in the event of any fault in the delivery of our programs, our liability will be limited, at our choice, to:
      • enabling you to participate in the program again; or
      • refunding the cost of that session of the program.
    • You agree that our total aggregate liability for any claim(s) by you relating to any session or program we deliver to you is limited to the amount actually paid by you to us for that session or program.
    • You agree to indemnify us and hold us harmless against loss or damages suffered by you or any other person arising from your breach of these terms and conditions.
18. General
    • Notices – You agree that if we have to send you a formal notice we can send it electronically to the last email address you provided to us, and we agree to accept notices via email. Notices sent electronically are deemed to have been received on the same business day if sent prior to 4.00pm on that business day and otherwise, the next business day.
    • Severability – If any of these terms and conditions are determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.
    • Waiver – Any time or other indulgence granted by us will not in any way amount to a waiver of any of our rights or remedies under this agreement.
    • No Relationship – We are providing services to you as a consumer and nothing in this agreement should be interpreted to suggest otherwise.
    • Governing Law – This agreement is governed by the laws of the Northern Territory, Australia and the parties agree to be subject to the jurisdiction of the courts of Northern Territory, Australia.
    • Signing – This agreement may be executed in any number of separate counterparts which, provided each party holds copies of each counterpart, will together constitute one instrument. This agreement may be executed by electronic signature or in-person signature, including via facsimile or email. Each party agrees to accept a type written signature applied by the other party’s nominated contact as a binding signature.