Effective Date: October 22, 2025
 

These Terms and Conditions govern your use of the services provided by Perth Motocross Academy Pty Ltd (ABN [23 274 018 306], referred to as "we", "us", "our", or the "Academy"), including motocross lessons, bike rentals, group sessions, tours, and any related activities in the designated off-road areas of the Pinjar Motorcycle Area and Gnangara Motorcycle Area (the "Operating Areas"), managed by the Department of Biodiversity, Conservation and Attractions (DBCA) under the Conservation and Land Management Act 1984 (WA). Our operations comply with the DBCA Commercial Operator Handbook (effective October 2025) and applicable park entry fees, rules, and incident reporting requirements. Activities are available daily from 7:00 AM to 6:00 PM only; no services occur outside these hours or locations.

By booking, participating in, or using our services, you (the "Participant" or "you") agree to be bound by these Terms and Conditions. This document must be read in conjunction with our Liability Waiver, Release, and Indemnity Agreement (the "Waiver") and Evacuation Plan, which you must sign and acknowledge prior to participation.

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1. Booking and Payment

• All bookings must be made through our website (www.perthmotocross.com.au) or by direct contact.

• Full payment is required at the time of booking to secure your session.

• Prices are in Australian Dollars (AUD) and include GST where applicable.

• We accept payments via secure online methods (e.g., Stripe). Any processing fees are non-refundable.

• A security bond of $250 per rider/bike is collected upon arrival via pre-authorization or payment. This covers parts, labor, loss of income for the next rider, or any damage beyond normal wear and tear.

• Bookings are confirmed only upon receipt of payment and our confirmation email/text.

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2. Cancellations, Refunds, and Rescheduling

• Please refer to our separate Refund Policy for detailed information on cancellations, refunds, rescheduling, and weather-related issues.

• By booking, you acknowledge and agree to the Refund Policy as incorporated herein.

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3. Participant Requirements

• Age and Supervision: Participants must be at least 6 years old. Minors (under 18) must have a parent or legal guardian present to sign the Waiver and provide supervision where required. Children under 12 must be actively supervised by an adult during sessions. Kids and beginners are limited to 60-90 minutes maximum riding time.

• Health and Fitness: You must be in good physical and mental health, free from any medical conditions that could impair safe participation (e.g., heart issues, epilepsy, pregnancy, recent injuries). You agree to disclose any relevant conditions or disabilities prior to booking and obtain medical clearance if necessary. You must not be under the influence of alcohol, drugs, or any impairing substances.

• Skill Level: Sessions are tailored to disclosed skill levels (beginner, intermediate, advanced). No prior experience is required, but misrepresentation may result in session adjustment or refusal without refund.

• Safety Gear: Full protective gear is issued upon arrival, including helmet, goggles, gloves, boots, chest protector, and knee guards. You must wear this gear correctly at all times; we will check fitment. Inadequate gear may result in refusal to participate.

• Documentation: Upon arrival, you must provide ID, emergency contact details, and a facial photo. All participants must sign the Waiver.

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4. Risk Acknowledgment and Liability Waiver

• Motocross and off-road riding are inherently dangerous recreational activities as defined under the Civil Liability Act 2002 (WA) and Australian Consumer Law, involving significant risks of serious injury, permanent disability, or death.

• Obvious Risks (per section 5F of the Civil Liability Act 2002 (WA)): Include collisions with riders, vehicles, animals, trees, rocks, stumps, roots, logs, fences, gates, or obstacles; loss of control leading to falls; mechanical failures; uneven, slippery, rocky, rutted, or hidden terrain (e.g., gullies, washouts, mud pits); variable weather (e.g., heat >35°C, rain, wind, dust); physical exertion causing strain, fatigue, heatstroke, or aggravation of conditions; wildlife encounters (e.g., kangaroos, snakes); fire/smoke hazards in bushfire-prone pine plantations; and risks from other participants' actions.

• Additional Risks: Inadequate medical access in remote areas; no guarantee of hazard removal per DBCA guidelines; impacts from jumps, berms, or high speeds; equipment malfunction despite inspections; non-compliance with rules (e.g., riding impaired).

• Environmental Risks: The Pinjar area is high-risk for bushfires; you acknowledge being briefed on our Evacuation Plan and understand rapid fire spread risks.

• You voluntarily assume all risks, known and unknown, including those from our negligence, employees, contractors, DBCA, or third parties. You release, waive, and indemnify us from all claims, demands, or actions related to participation, except where caused by our gross negligence. This extends to minors if signed by a parent/guardian, who accepts full responsibility.

• You must maintain personal insurance (e.g., health, ambulance, travel) for injury, evacuation, or repatriation.

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5. Conduct and Safety Rules

• You must attend the mandatory group safety briefing (5-8 minutes) covering day structure, fire risks, Evacuation Plan, meeting points, and riding rules.

• Follow all instructions from coaches/staff, including: No passing the lead guide; maintain 20m between riders; keep sight of riders ahead/behind; one rider on track at a time; stay on track; stop if guide signals; no wheelies/jumping until assessed safe.

• No alcohol, drugs, or impairing substances before/during sessions.

• Unsportsmanlike, reckless, or non-compliant behavior may result in immediate removal without refund.

• We reserve the right to refuse or terminate service if you pose a risk to yourself, others, equipment, or the environment (e.g., aggressive behavior, impairment, environmental damage, failure to follow evacuation).

• Smoking is prohibited. No pets allowed unless approved.

• During sessions: Lead guide sets pace for slowest rider; regular stops (every 10-15 minutes) for checks; mandatory breaks every 20-25 minutes in >30°C heat. Watch for heat exhaustion.

• In breakdowns: Guide attempts on-spot fix; if unfixable, walk bike back—no refund for time lost.

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6. Equipment and Damage

• Bikes and gear are provided in good condition and allocated based on size/skill. Record your name against bike number.

• You are responsible for damage from misuse, negligence, or recklessness (beyond wear and tear). Costs are deducted from bond; excess may be charged.

• Report pre-existing damage before use.

• Bike familiarization: We start bikes first, explain controls (clutch, throttle, brakes, kill switch), and conduct skills checks (figure-8, emergency stop, O-ring track) before trail access.

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7. Weather, Fire, and Force Majeure

• Sessions proceed in most conditions unless unsafe (e.g., extreme heat, storms, flooding, high fire danger index via BOM/DFES apps). We monitor and may suspend if extreme.

• For bushfires/smoke/DFES alerts: Immediate evacuation per our Plan—sound signal (3 short blasts = alert; continuous = evacuate), return to muster point, follow Option 1 (North to Wesco Rd) or Option 2 (South to Old Yanchep Rd) based on fire direction. Call 000; headcount at meeting point and safe area.

• We are not liable for cancellations due to weather, track conditions, mechanical issues, or force majeure. Refer to Refund Policy.

• Evacuate if fire within 5km or embers visible; ditch bikes if necessary—priority is safety.

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8. Privacy and Personal Information

• We collect personal information (e.g., ID, emergency contacts, photos) for booking, safety, and compliance. Data is handled per the Privacy Act 1988 (Cth) and Australian Privacy Principles.

• Photos/videos may be taken for promotional use; notify us if you object.

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9. Gift Vouchers and Promotions

• Gift vouchers are non-refundable, transferable, and valid for 12 months unless stated otherwise.

• Promotions and discounts are subject to specific terms at the time of offer.

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10. General

• These Terms are governed by the laws of Western Australia.

• We may update these Terms; the current version applies to your booking.

• If any provision is unenforceable, the remainder remains in effect.

• By participating, you confirm you have read, understood, and agree to these Terms, the Waiver, Refund Policy, and Evacuation Plan.

For questions, contact us at info@perthmotocross.com.au.