Terms And conditions
1. Company Definition
In this document, "The Company" refers to Odiessie Limited, an independent mountain bike coaching provider operating in New Zealand. The Company is a sole operator with no employees and provides coaching services to individuals and groups.
By booking a coaching session with The Company, you acknowledge and agree to these Terms & Conditions.
Participation Requirements & Safety
2. Rider Responsibilities
By participating in any mountain biking coaching session, I confirm that:
I am in good health and physically fit to participate.
I do not have any medical conditions, injuries, or disabilities that may affect my ability to ride safely.
I will inform the coach of any medical conditions or injuries before riding.
My mountain bike and protective gear (helmet, gloves, knee/elbow pads) are in safe working order and suitable for the terrain.
I understand that The Company has a duty of care under the Health and Safety at Work Act 2015 and will take all reasonably practicable steps to ensure my safety. However, I also acknowledge my personal responsibility in assessing and managing risks while riding.
3. Adventure Activity Registration Compliance
The Company will comply with the Health and Safety at Work (Adventure Activities) Regulations 2016 and, if required, will register with WorkSafe New Zealand as an adventure activity operator. This includes undergoing necessary safety audits to meet legal standards.
4. Parental/Guardian Consent (For Riders Under 18)
Riders under 18 years old must have a parent or legal guardian sign a consent and liability waiver before participating.
The guardian is responsible for ensuring the rider is capable of participating safely.
Booking & Payment Policy
5. Booking & Payment
All coaching sessions must be booked in advance through Acuity Scheduling.
Full payment is required at the time of booking unless a prior arrangement is made.
Pricing for private and group sessions varies—details will be provided upon booking.
6. Cancellations & Refunds
Programs:
Cancellations must be made at least one week before the start of the first lesson to be eligible for a refund.
Cancellations made less than one week before the first lesson are non-refundable.
Private Lessons & Group Lessons:
Cancellations made more than 48 hours before the scheduled lesson are eligible for a full refund or a reschedule.
Cancellations made within 48 hours of the lesson are non-refundable, except in exceptional circumstances, which will be assessed at our discretion.
The Company will comply with the Fair Trading Act 1986 to ensure cancellation terms are fair and transparent.
Acknowledgement of Risk & Liability Waiver
7. Understanding the Risks
I acknowledge that mountain biking is an inherently dangerous activity, and I understand that participating in coaching sessions may involve risks, including but not limited to:
Falling, collisions, or loss of control.
Uneven, steep, slippery, or unpredictable terrain.
Unmarked obstacles such as roots, rocks, trees, and jumps.
Weather conditions such as rain, wind, and mud, which may increase risk.
Other riders or vehicles on trails.
Equipment failure, including brakes, tires, or frame malfunctions.
I accept full responsibility for my safety and participation in mountain biking activities.
8. Liability Disclaimer & Indemnity
To the fullest extent permitted by New Zealand law, I agree to:
Release and indemnify The Company from any claims, liabilities, or demands for injuries, damages, or losses arising from participation—except in cases of proven negligence or misconduct.
Accept that The Company is not liable for injury, death, or property damage resulting from my participation, except where negligence is legally proven.
Acknowledge that I am voluntarily participating and assume all risks associated with mountain biking.
This waiver does not override my rights under:
The New Zealand Consumer Guarantees Act 1993, which ensures services are provided with reasonable care and skill.
The Health and Safety at Work Act 2015, which ensures safety standards are met.
9. Personal Insurance Responsibility
I understand that The Company does not provide personal accident, medical, or income protection insurance.
I acknowledge that it is my responsibility to have my own health, accident, and personal liability insurance if I wish to be covered.
10. Equipment Responsibility
I am responsible for ensuring that my bike and gear are in safe and functional condition before the session.
If I notice any issues with my equipment, I will immediately inform the coach.
If I am using rental equipment, I acknowledge that I have inspected it before use and reported any concerns.
Media Consent & Emergency Treatment
11. Media Consent
By participating in coaching sessions with The Company, I grant The Company full rights to capture, collect, retain, edit, and use photographic images, audio, and/or video recordings of me and/or my minor child (if applicable) during any coaching sessions, events, or related activities (hereafter referred to as "the Images").
I understand and agree that:
The Company may use the Images for marketing, advertising, training, research, education, and promotional purposes across all media formats, including but not limited to:
Print (brochures, posters, signage, etc.)
Digital (social media, websites, YouTube, online ads, etc.)
Television, cinema, or other visual media
The Company has the right to crop, edit, alter, transform, or reproduce the Images in any way, for current or future use.
I waive any right to inspect or approve the final Images before publication.
I will not receive payment or compensation for the use of the Images.
I release The Company from any and all liability that may arise from the creation, collection, use, or publication of the Images.
The Company agrees to handle the Images in accordance with the New Zealand Privacy Act 2020, ensuring that personal data is used responsibly and securely.
12. Emergency Treatment Authorization
In the event of an accident or emergency, I authorize The Company to administer first aid and/or arrange medical treatment if necessary.
I understand that I am responsible for any medical costs incurred as a result of my participation.