TERMS & WAIVERS
LEARN TO RIDE: Full & Intro
- TERMS OF PARTICIPATION
-
I. PARTICIPATION REQUIREMENTS
In order to participate in your on-bike course, you MUST
• be at least sixteen (16) years of age (parental consent required if you are under 18 years of age).
• pay your course fees in full at registration.
• sign an assumption of risk, waiver, and release of liability agreement in a form approved by TCMS (parents must also sign for course participants under 18 years of age) within time frame allotted.
• be able to produce a valid license and related documents when requested.
• follow healthy motorcycling guidelines in relation Alberta Government Health orders and Alberta Health Services.
• respond to any email requirements by the deadlines given – make sure your email is correct and up to date and to bring any issues or questions about email communication to the immediate attention of TCMS. We are not responsible to you missing important information or request as a result.In addition for the course you are registered in, you MUST,
• meet licensing requirements by providing proof of at least a valid class 5 Graduated or Full Alberta Driver’s license or equivalent NOTE: you DO NOT need to complete your knowledge test prior to attending the course – it is NOT a Learner’s Permit.
• wear a full-faced DOT approved helmet and all protective gear provided or approved by TCMS. At the discretion of the instructors, you may be required to wear TCMS gear in addition to or instead of your personal gear.
• attend in at least denim jeans or riding pants – shorts, yoga/sweats and dress pants are NOT acceptable, and you will not be permitted to participate.
• be able to proficiently ride a 2-wheeled pedal bike at slow speed (5km/hr and below). You MUST start or get back on a pedal bike before attending your first on lot class. You agree that if you are unable to balance on a motorcycle and or ride to a safe standard at any time during your course – as judged by the TCMS instructors – you will not be permitted to continue I the course and no refund or credit will be given.
• do pre-class work (including classroom theory, prep videos and homework) and quiz prior to your on-bike portion, and in course homework that you are assigned. In our experience, failure to complete this homework can and often does, result in unsuccessful outcomes for the student.
II. REGISTRATION FEES AND CONFIRMATION
you agree,
• payment is in full, and all completed forms MUST be submitted within 24 hours of receipt or immediately upon receipt of forms if registered within those 14 days prior to your on-bike dates whichever is sooner for us to process you registration to secure and confirm your place in the course or risk a forfeit with no refund or credit.
• you will receive your course confirmation and any correspondence from TCMS only by email – nothing will be mailed to you, and we will not call you. TCMS is not responsible if you miss you course or do not receive course material because of any issue with your email.III. CANCELLATION / RE-BOOKING / TRANSFERS(+applicable taxes)
NO REFUND or CREDIT will be given once a course has commenced under ANY circumstances including and not limited to illness and injury(e.g., Covid 19, flu) due to the nature of the course.
NO REFUND or CREDIT on Fundraiser and promotional codes, nor can they be redeemed for cash.
• you cannot defer your registration to the following season(s) you are accepting this risk as you are booking a service set withing a specific block of time that cannot be deferred or transferred
• it is your responsibility to be familiar with a re-familiarize yourself with the terms and conditions prior to making any changes to your registration. We will not contact you to remind or discuss what your changes entail
• any changes to your registration must be made personally or by a parent or legal guardian in the case of a minor.
• written notice must be provided in all cases and any applicable fees are to be paid in full as per deadlines.
CANCELLATION FEES: unless superseded by a non-refundable promo
• within date of payment / registration ……. refund* less $46
• up to 30 full days before your Learn to Ride ……. refund* less $146
• 29-15 full days before your Learn to Ride Full / Intro ……. refund* less $246 / $146
• within 14 full days before your Learn to Ride Full / Intro ……. NO REFUND or CREDIT/less $200
• on course start day ……. NO REFUND or CREDIT
RE_BOOKING FEES: unless superseded by a non-refundable promo
• within day of payment ……. No fee
• date of payment to 30 full days before your Learn to Ride Full / Intro ……. additional $123 / $46
• from 29-15 full days before your Learn to Ride Full / Intro ……. additional $223 / $69
• within 14 full days before your Learn to Ride ……. additional 50% of posted tuition
• on course start day ……. requires a new registration
• requested dates are not confirmed without payment and fees will be adjusted according to the schedule above until then.
• not eligible for cancellation fee after a re-book.NON-REFUNDABLE DISCOUNT PROMOS:
• includes all discounts above $69
• NO REFUND or CREDIT under any circumstances upon confirmation of payment
• promo pricing only valid if and only if paid within the promo period for the dates / times specified, no rain checksTRANSFERS:
• date of original registration to 7 full days before your Learn to Ride course ……. additional $146 online course fee and $69 transfer fee. (from you or the transferee)
• you will not be refunded or credited your fees. It is up to you to get the fees from the individual you are transferring to.
• the transferee must meet the requirements of the course and agree to the same terms.
IV. DEEMED UNSUCCESSFUL
If you are enrolled in a Learn to Ride course and you have attended any or all scheduled classes and you are not able to successfully demonstrate the skills required to proceed, you agree that the following special terms apply:
• you are not entitled to a refund or credit of any fees or deferral or transfer of the time for all or any portion of the course remaining.
• you will be offered ONE opportunity to book a redo for part or all of the four on-bike modules within the season availability permitting.
• you must re-attend within 30 days of your original course completion date, unless agreed to in writing by TCMS. Beyond 30 days you will be required to also redo the module prior to the module you were initially required to redo. (There may be a mandatory minimum 30 day waiting period to allow you more time to prepare for re-attendance if the redo includes module 1.)
• you can only be offered attendance on a day and time where space is available in a course.
• the modules that must be redone is a decision of the instructor(s) and you may be required to redo more than one module.
• you will be entitled to a special redo rate of ……. $125 per module booked (the required redo to and including module 4)
• fees must be paid in advance and no refund or credit will be given whether-or-not you are able to meet the requirements to graduate from the course. There are 4 on-bike modules: 3C, Skills, Emergency, Road
V. WEATHER AND OTHER ISSUES
TCMS reserves the right to reschedule / postpone or cancel any course in part or in full at any time prior to or during the course in the event of weather or any issues beyond the control of TCMS. It is important to note that certain times of the season especially the start and end are subject to a higher risk of reschedule / postponement and requires flexibility with your availability / schedule on your end.
We try our best to complete your course as close as we can to the original dates IF and when able. You are responsible for keeping on top of the review to be prepared for when you continue. If the reschedule occurs at the end of the season where we are unable to schedule you, your course will be deferred to the next season. The cancellation / refund policies will still apply if you choose to cancel or are unable to attend your rescheduled dates and or times.
VI. REASONS FOR DISMISSAL AND TERMINATION OF REGISTRATION (NO REFUND or CREDIT)
LATE ARRIVALS / MISSED MODULES:
As the curriculum is progressive, you are required to be on time to you class. Late arrivals WILL be turned away. Each module requires the successful completion of the previous module and therefore you agree that missing a day in whole or part will result in termination of registration for the remainder of your course.
ALCOHOL / DRUGS / ABUSE / FALSE INFORMATION PROVIDED:
You agree that TCMS may terminate your registration without any right to a refund or credit due to any and all behaviours TCMS finds to be inappropriate, unsafe, or illegal including and not limited to the following reasons:
• you are observed to be under the influence of alcohol and or drugs
• failure to follow instructions, in particular
• harassment or abuse of any kind towards any person including and not limited to course participants, instructors, or staff of TCMS; property including and not limited to motorcycles and equipment belonging to TCMS, its staff, participants, or facility
• intentionally providing or failing to correct false or erroneous information at registration or during the course.
INVALID LICENCING AND REQUIREMENTS:
Legally you must be able to produce a valid license prior to and within the duration of your course dates in order to participate. Absolutely NO exceptions as this is a legal requirement.
LACK OF COMMUNICATION
You agree that TCMS may terminate your registration without any right to a refund or credit due to a lack of response when a response is required.
VII. PRE-PAID PURCHASE CODES / FUNDRAISER OR PROMOTIONAL CODES
Prepaid purchase codes are to allow an individual to pay in part or whole of a course for the registrant to allow for the convenience of choosing the dates that work for them. Fundraiser codes are received through a fundraiser and promotional codes are provided through another business as a bonus of a product or service of that same business.
You agree,
• purchasers may request reissue of lost unredeemed codes with proof of purchase and will be subject to a $46 fee.
• policies including cancellation, re-booking, and transfer apply once codes are redeemed for a course.
• course dates cannot be deferred to the following season(s).
• fundraiser and promotional codes must be used in the season intended and cannot be redeemed for cash or credit.
VIII. HEALTHY MOTORCYCLING GUIDLINES
You agree that TCMS may implement Healthy Motorcycling Guidelines (available on the TCMS website) in order to comply with orders and advice of the Alberta Government and/or Alberta Health Services as it relates to health and safety matters.
When the Healthy Motorcycling Guidelines are in place you will be advised of it and or any updates as it becomes available for your course. You further agree that the Healthy Motorcycling Guideline may change during your course without advance notice. You agree that if you do not follow the Healthy Motorcycling Guidelines your registration will be terminated for the remainder of your course and no refund or credit will be given.
* ACKNOWLEDGEMENT *
• TCMS reserves the right to refuse registration by anyone at any time and for any reason.
• TCMS also reserves the right to change and update the terms and conditions applicable to your course at any time.
• you acknowledge that you have read this Agreement and fully understand its contents.
• you certify that you have asked any questions pertaining to your registration and received answers satisfactory to you before finalizing your registration.
• you certify that the information you have given pertaining to your registration is deemed to be correct and truthful.
• you understand that you are to email LearnToRide@Toocoolrides.ca to make any corrections / additions or changes to your registration including cancellations or rebooks.
AGE OF MINORITY
• this agreement must be signed by a Parent or Legal Guardian if the registrant is under the age of 18 at the time of registration.
• the parent and Legal Guardian will be cc’d until the age of 18 has been reached unless otherwise requested in writing.
• this Agreement will automatically be sent to the Parent or Legal Guardian
- ASSUMPTION WAIVER & RELEASE OF LIABILITY
-
I. ASSUMPTION OF RISKS
In order to participate in your on-bike course, you MUST,
1. I am aware that riding a motorcycle has risks, dangers, hazards, and that injury may occur even during normal operation.
2. I acknowledge that the risks include but are not limited to collision between me and or me and the motorbike and,
• natural or man-made objects,
• other motorcyclists or,
• vehicles or falling from or with the motorcycle and NEGLIGENCE on the part of “TCMS” and its instructors including their failure to protect me from the risks, dangers and hazards of riding and learning to ride a motorcycle.
3. I acknowledge that wearing proper safety equipment, observation of certain rules and personal discipline may reduce the potential for injury; however, the risk of injury always exists.
I am aware of the risks, dangers and hazards associated with learning to ride and riding a motorcycle and I have had an opportunity to discuss any questions I have about safety with the TCMS instructors prior to signing this form and I freely accept and fully assume all risks, dangers, and hazards and the possibility of personal injury, permanent paralysis, death, property damage and loss or expense resulting from any risks, dangers and hazards.
II. RELEASE OF LIABILITY OR CLAIMS AND INDEMITY AGREEMENT
In consideration of being allowed to participate in the TCMS training program, the undersigned acknowledges and agrees:
1. To WAIVE ANY AND ALL CLAIMS, DEMANDS, DAMAGES OR CAUSES OF ACTION that I have I have or may have in the future against TCMS, its directors, officers, agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers and if applicable, owners and lessors of premises used to conduct the event (referred to herein as the “Releasees”) and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, injury or expense that I may suffer, or that my next of kin may suffer as a result of or arising out of any aspect of my participation or attendance at TCMS, DUE TO ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF WARRANTY ON THE PART OF THE RELEASEES.
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any loss, damage, injury or expense to any third party, resulting from participation or attendance at TCMS.
3. This agreement shall be effective and binding upon my heirs, next of kin, executor(s), administrators, guardian, and representative(s), in the event of death or incapacity.
4. This agreement shall be effective on the date signed and covers all dates I am registered for including reschedules and additional instructional hours and or activities I sign up and agree to within the year.
This agreement shall be governed by the law of Alberta and any litigation including the parties to this agreement shall be brought in the City of Calgary in the Province of Alberta.
III. GENERAL CONDITIONS
I willingly agree,
1. to comply with the stated and customary terms and conditions for participation. Including that contained within the Course Participant Agreement. IF HOWEVER I OBSERVE ANYTHING I BELIEVE TO BE AN UNUSUAL SIGNIFICANT HAZARD OR DO NOT FEEL COMFORTABLE FOR ANY REASON during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest TCMS instructor and office immediately; and
2. that in order to participate, I must obtain and wear a full-faced DOT approved helmet and suitable protective gear approved by TCMS.
3. that to ensure safe training for all participants including myself, I must satisfy the conditions of each module such as balance, shifting, and emergency maneuvers in order to advance to the next module. The decision as to whether or not I have satisfied the conditions of any module is at the sole discretion of TCMS and its instructors. The inability to satisfy the conditions of each module means I will not be able to continue with the remainder of my course and I understand that no refund is given for failure to satisfy the conditions of any module or part thereof.
4. and understand that abuse of any kind towards anyone including my instructors, owner, and staff of TCMS; and or towards equipment and property of TCMS or that of my fellow classmates will not be tolerated. I can and will be immediately dismissed and not be able to continue with the remainder of my course and I understand that no refund is given for such a situation.
5. that any violation to the Healthy Motorcycling guidelines and relevant announcements will result in my immediate dismissal and termination of my registration and that no refund or credit will be given.
HEALTHY MOTORCYCLING GUIDELINES
I understand and agree that I will check the website for the posted Healthy Motorcycle Guidelines and notices that are provided by TCMS.
* ACKNOWLEDGEMENT *
I HAVE FULLY READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT I HAVE GIVEN UP AND AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY NEXT OF KIN, HEIRS, EXECUTORS, GUARDIAN, ADMINISTRATORS AND ASSIGNS MAY HAVE AGAINST THE RELEASEES.
FOR PARTICIPANTS OF MINORITY AGE (Under the age of 18 at time of registration) This is to certify that I, as a parent/guardian with legal responsibility for the participant shown on this ASSUMPTION, WAIVER AND RELEASE OF LIABILITY; do consent and agree to his/her release as provided above of all the Releases and, for myself, my heirs, assigns and next of kin, I release and agree to Indemnify the Releases from any and all liabilities incident to my minor child’s involvement or participation in these programs as provided above.
- PHOTOGRAPHIC, VIDEO AND AUDIO RELEASE
-
I. PHOTOGRAPHIC, VIDEO AND AUDIO RECORDINGS
I grant permission to TCMS and their representatives to photograph, video and take audio recordings during my time with TCMS as per my course schedules including reschedules and additional instructional time and or activities I sign up and agree to within the year.
I further grant TCMS and its representatives the right to reproduce, use, exhibit, display, broadcast and distribute and create derivative works of the images and recordings while participation in activities with TCMS for promotional, educational and /or corporate use unless otherwise arranged.
NOTE: TCMS is aware that in some situations, an individual may be unable to have images shown due to legal/protective/safety reasons in which case we will not show your face.
II. INDEMITY AND RELEASE
I acknowledge that TCMS owns all rights to the images and recordings. I waive any rights to inspect or approve, or royalties and compensation arising from the use of the images or recordings.
I release, defend, indemnify, and hold harmless TCMS from and against any claims, damages or liability arising from or related to the use of images, recordings or material, including but not to limited claims of defamation, invasion of privacy, or rights of publicity or copyright infringement, or any alterations of the images and recording.
* ACKNOWLEDGEMENT *
I HAVE READ THIS DOCUMENT IN ITS ENTIRELY AND FULLY UNDERSTAND THE CONTENTS, MEANING AND IMPACT OF THIS CONSENT WAIVER BEFORE SIGNING BELOW.
FOR PARTICIPANTS OF MINORITY AGE (Under the age of 18 at time of registration) This is to certify that I, as a parent/guardian with legal responsibility for the participant shown on this ASSUMPTION, WAIVER AND RELEASE OF LIABILITY; do consent and agree to his/her release as provided above of all the Releases and, for myself, my heirs, assigns and next of kin, I release and agree to Indemnify the Releases from any and all liabilities incident to my minor child’s involvement or participation in these programs as provided above.
- TERMS OF PARTICIPATION
-
I. PARTICIPATION REQUIREMENTS In order to participate in your on-bike course, you MUST
• be at least sixteen (16) years of age (parental consent required if you are under 18 years of age).
• pay your course fees in full at registration.
• sign an assumption of risk, waiver, and release of liability agreement in a form approved by TCMS (parents must also sign for course participants under 18 years of age) within time frame allotted.
• be able to produce a valid license and related documents when requested.
• follow healthy motorcycling guidelines in relation Alberta Government Health orders and Alberta Health Services.
• respond to any email requirements by the deadlines given – make sure your email is correct and up to date and to bring any issues or questions about email communication to the immediate attention of TCMS. We are not responsible to you missing important information or request as a result.In addition for the Test Prep/ Extra Practice, you MUST,
• meet licensing requirements by providing proof of at least a valid class 5 Graduated or Full Alberta Driver’s license or equivalent NOTE: you DO NOT need to complete your knowledge test prior to attending the course – it is NOT a Learner’s Permit.
• wear a DOT approved helmet (preferably full-faced) and all protective gear provided or approved by TCMS. At the discretion of the instructors, you may be required to wear TCMS gear in addition to or instead of your personal gear.
• attend in at least denim jeans or riding pants – shorts, yoga/sweats and dress pants are NOT acceptable, and you will not be permitted to participate.
• have proof that you graduated from TCMS or have proof of successful competion of a course at an Alberta accredited school in order to use a school rental.II. REGISTRATION FEES AND CONFIRMATION
you agree,
• payment is in full, and all completed forms MUST be submitted within 24 hours of receipt or immediately upon receipt of forms if registered within those 14 days prior to your on-bike dates whichever is sooner for us to process you registration to secure and confirm your place in the course or risk a forfeit with no refund or credit.
• you will receive your course confirmation and any correspondence from TCMS only by email – nothing will be mailed to you, and we will not call you. TCMS is not responsible if you miss you course or do not receive course material because of any issue with your email.III. CANCELLATION / RE-BOOKING / TRANSFERS(+applicable taxes)
NO REFUND or CREDIT will be given once a course has commenced under ANY circumstances including and not limited to illness and injury(e.g., Covid 19, flu) due to the nature of the course.
NO REFUND or CREDIT on Fundraiser and promotional codes, nor can they be redeemed for cash.
• you cannot defer your registration to the following season(s) you are accepting this risk as you are booking a service set withing a specific block of time that cannot be deferred or transferred
• it is your responsibility to be familiar with a re-familiarize yourself with the terms and conditions prior to making any changes to your registration. We will not contact you to remind or discuss what your changes entail
• any changes to your registration must be made personally or by a parent or legal guardian in the case of a minor.
• written notice must be provided in all cases and any applicable fees are to be paid in full as per deadlines.
CANCELLATION FEES: unless superseded by a non-refundable promo
• within date of payment / registration ……. refund* less $46
• date of payment to 15 full days before your Test Prep / Extra Practice ……. refund* less $69
• within 14 full days before your Test Prep / Extra Practice ……. refund* less $100
• on course start day ……. NO REFUND or CREDIT
RE_BOOKING FEES: unless superseded by a non-refundable promo
• within day of payment to 15 full days before your Test Prep / Extra Practice ……. No fee
• within 14 full days before your Test Prep / Extra Practice ……. $46
• on course start day ……. requires a new registration
• requested dates are not confirmed without payment and fees will be adjusted according to the schedule above until then.
• not eligible for cancellation fee after a re-book.NON-REFUNDABLE DISCOUNT PROMOS:
• includes all discounts above $69
• NO REFUND or CREDIT under any circumstances upon confirmation of payment
• promo pricing only valid if and only if paid within the promo period for the dates / times specified, no rain checksTRANSFERS:
• date of original registration to 7 full days before your Learn to Ride course ……. additional$69 transfer fee. (from you or the transferee)
• you will not be refunded or credited your fees. It is up to you to get the fees from the individual you are transferring to.
• the transferee must meet the requirements of the course and agree to the same terms.
IV. DEEMED UNSUCCESSFUL
If you do not successfully demonstrate the skills required to continue with the course, you are not entitled to a refund or credit of any fees or deferral or transfer of the time for all or any portion of the course remaining.
V. WEATHER AND OTHER ISSUES
TCMS reserves the right to reschedule / postpone or cancel any course in part or in full at any time prior to or during the course in the event of weather or any issues beyond the control of TCMS. It is important to note that certain times of the season especially the start and end are subject to a higher risk of reschedule / postponement and requires flexibility with your availability / schedule on your end. The cancellation / refund policies will still apply if you choose to cancel or are unable to attend your rescheduled dates and or times.
VI. REASONS FOR DISMISSAL AND TERMINATION OF REGISTRATION (NO REFUND or CREDIT)
LATE ARRIVALS / MISSED MODULES:
As the curriculum is progressive, you are required to be on time to you class. Late arrivals WILL be turned away. Each module requires the successful completion of the previous module and therefore you agree that missing a day in whole or part will result in termination of registration for the remainder of your course.
ALCOHOL / DRUGS / ABUSE / FALSE INFORMATION PROVIDED:
You agree that TCMS may terminate your registration without any right to a refund or credit due to any and all behaviours TCMS finds to be inappropriate, unsafe, or illegal including and not limited to the following reasons:
• you are observed to be under the influence of alcohol and or drugs
• failure to follow instructions, in particular
• harassment or abuse of any kind towards any person including and not limited to course participants, instructors, or staff of TCMS; property including and not limited to motorcycles and equipment belonging to TCMS, its staff, participants, or facility
• intentionally providing or failing to correct false or erroneous information at registration or during the course.
INVALID LICENCING AND REQUIREMENTS:
Legally you must be able to produce a valid license prior to and within the duration of your course dates in order to participate. Absolutely NO exceptions as this is a legal requirement.
LACK OF COMMUNICATION
You agree that TCMS may terminate your registration without any right to a refund or credit due to a lack of response when a response is required.
VII. PRE-PAID PURCHASE CODES / FUNDRAISER OR PROMOTIONAL CODES
Prepaid purchase codes are to allow an individual to pay in part or whole of a course for the registrant to allow for the convenience of choosing the dates that work for them. Fundraiser codes are received through a fundraiser and promotional codes are provided through another business as a bonus of a product or service of that same business.
You agree,
• purchasers may request reissue of lost unredeemed codes with proof of purchase and will be subject to a $46 fee.
• policies including cancellation, re-booking, and transfer apply once codes are redeemed for a course.
• course dates cannot be deferred to the following season(s).
• fundraiser and promotional codes must be used in the season intended and cannot be redeemed for cash or credit.
VIII. HEALTHY MOTORCYCLING GUIDLINES
You agree that TCMS may implement Healthy Motorcycling Guidelines (available on the TCMS website) in order to comply with orders and advice of the Alberta Government and/or Alberta Health Services as it relates to health and safety matters.
When the Healthy Motorcycling Guidelines are in place you will be advised of it and or any updates as it becomes available for your course. You further agree that the Healthy Motorcycling Guideline may change during your course without advance notice. You agree that if you do not follow the Healthy Motorcycling Guidelines your registration will be terminated for the remainder of your course and no refund or credit will be given.
* ACKNOWLEDGEMENT *
• TCMS reserves the right to refuse registration by anyone at any time and for any reason.
• TCMS also reserves the right to change and update the terms and conditions applicable to your course at any time.
• you acknowledge that you have read this Agreement and fully understand its contents.
• you certify that you have asked any questions pertaining to your registration and received answers satisfactory to you before finalizing your registration.
• you certify that the information you have given pertaining to your registration is deemed to be correct and truthful.
• you understand that you are to email LearnToRide@Toocoolrides.ca to make any corrections / additions or changes to your registration including cancellations or rebooks.
AGE OF MINORITY
• this agreement must be signed by a Parent or Legal Guardian if the registrant is under the age of 18 at the time of registration.
• the parent and Legal Guardian will be cc’d until the age of 18 has been reached unless otherwise requested in writing.
• this Agreement will automatically be sent to the Parent or Legal Guardian
- ASSUMPTION WAIVER & RELEASE OF LIABILITY
-
I. ASSUMPTION OF RISKS
In order to participate in your on-bike course, you MUST,
1. I am aware that riding a motorcycle has risks, dangers, hazards, and that injury may occur even during normal operation.
2. I acknowledge that the risks include but are not limited to collision between me and or me and the motorbike and,
• natural or man-made objects,
• other motorcyclists or,
• vehicles or falling from or with the motorcycle and NEGLIGENCE on the part of “TCMS” and its instructors including their failure to protect me from the risks, dangers and hazards of riding and learning to ride a motorcycle.
3. I acknowledge that wearing proper safety equipment, observation of certain rules and personal discipline may reduce the potential for injury; however, the risk of injury always exists.
I am aware of the risks, dangers and hazards associated with learning to ride and riding a motorcycle and I have had an opportunity to discuss any questions I have about safety with the TCMS instructors prior to signing this form and I freely accept and fully assume all risks, dangers, and hazards and the possibility of personal injury, permanent paralysis, death, property damage and loss or expense resulting from any risks, dangers and hazards.
II. RELEASE OF LIABILITY OR CLAIMS AND INDEMITY AGREEMENT
In consideration of being allowed to participate in the TCMS training program, the undersigned acknowledges and agrees:
1. To WAIVE ANY AND ALL CLAIMS, DEMANDS, DAMAGES OR CAUSES OF ACTION that I have I have or may have in the future against TCMS, its directors, officers, agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers and if applicable, owners and lessors of premises used to conduct the event (referred to herein as the “Releasees”) and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, injury or expense that I may suffer, or that my next of kin may suffer as a result of or arising out of any aspect of my participation or attendance at TCMS, DUE TO ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF WARRANTY ON THE PART OF THE RELEASEES.
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any loss, damage, injury or expense to any third party, resulting from participation or attendance at TCMS.
3. This agreement shall be effective and binding upon my heirs, next of kin, executor(s), administrators, guardian, and representative(s), in the event of death or incapacity.
4. This agreement shall be effective on the date signed and covers all dates I am registered for including reschedules and additional instructional hours and or activities I sign up and agree to within the year.
This agreement shall be governed by the law of Alberta and any litigation including the parties to this agreement shall be brought in the City of Calgary in the Province of Alberta.
III. GENERAL CONDITIONS
I willingly agree,
1. to comply with the stated and customary terms and conditions for participation. Including that contained within the Course Participant Agreement. IF HOWEVER I OBSERVE ANYTHING I BELIEVE TO BE AN UNUSUAL SIGNIFICANT HAZARD OR DO NOT FEEL COMFORTABLE FOR ANY REASON during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest TCMS instructor and office immediately; and
2. that in order to participate, I must obtain and wear a DOT approved helmet (preferrably a full-faced) and suitable protective gear approved by TCMS. That at the discretion of the instructors, I may be required to wear TCMS gear in addition to or instead of my personal gear during my attendance at the TCMS training program; and 3. that to ensure safe training for all participants including myself, I must satisfy the conditions of each module such as balance, shifting, and emergency maneuvers in order to advance to the next module. The decision as to whether or not I have satisfied the conditions of any module is at the sole discretion of TCMS and its instructors. The inability to satisfy the conditions of each module means I will not be able to continue with the remainder of my course and I understand that no refund is given for failure to satisfy the conditions of any module or part thereof; and
4. and understand that abuse of any kind towards anyone including my instructors, owner, and staff of TCMS; and or towards equipment and property of TCMS or that of my fellow classmates will not be tolerated. I can and will be immediately dismissed and not be able to continue with the remainder of my course and I understand that no refund is given for such a situation; and
5. that any violation to the Healthy Motorcycling guidelines and relevant announcements will result in my immediate dismissal and termination of my registration and that no refund or credit will be given.
HEALTHY MOTORCYCLING GUIDELINES
I understand and agree that I will check the website for the posted Healthy Motorcycle Guidelines and notices that are provided by TCMS.
* ACKNOWLEDGEMENT *
I HAVE FULLY READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT I HAVE GIVEN UP AND AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY NEXT OF KIN, HEIRS, EXECUTORS, GUARDIAN, ADMINISTRATORS AND ASSIGNS MAY HAVE AGAINST THE RELEASEES.
FOR PARTICIPANTS OF MINORITY AGE (Under the age of 18 at time of registration) This is to certify that I, as a parent/guardian with legal responsibility for the participant shown on this ASSUMPTION, WAIVER AND RELEASE OF LIABILITY; do consent and agree to his/her release as provided above of all the Releases and, for myself, my heirs, assigns and next of kin, I release and agree to Indemnify the Releases from any and all liabilities incident to my minor child’s involvement or participation in these programs as provided above.
- PHOTOGRAPHIC, VIDEO AND AUDIO RELEASE
-
style=”color:#E11584″>I. PHOTOGRAPHIC, VIDEO AND AUDIO RECORDINGS I grant permission to TCMS and their representatives to photograph, video and take audio recordings during my time with TCMS as per my course schedules including reschedules and additional instructional time and or activities I sign up and agree to within the year.
I further grant TCMS and its representatives the right to reproduce, use, exhibit, display, broadcast and distribute and create derivative works of the images and recordings while participation in activities with TCMS for promotional, educational and /or corporate use unless otherwise arranged.
NOTE: TCMS is aware that in some situations, an individual may be unable to have images shown due to legal/protective/safety reasons in which case we will not show your face.
II. INDEMITY AND RELEASE
I acknowledge that TCMS owns all rights to the images and recordings. I waive any rights to inspect or approve, or royalties and compensation arising from the use of the images or recordings.
I release, defend, indemnify, and hold harmless TCMS from and against any claims, damages or liability arising from or related to the use of images, recordings or material, including but not to limited claims of defamation, invasion of privacy, or rights of publicity or copyright infringement, or any alterations of the images and recording.
* ACKNOWLEDGEMENT *
I HAVE READ THIS DOCUMENT IN ITS ENTIRELY AND FULLY UNDERSTAND THE CONTENTS, MEANING AND IMPACT OF THIS CONSENT WAIVER BEFORE SIGNING BELOW.
FOR PARTICIPANTS OF MINORITY AGE (Under the age of 18 at time of registration) This is to certify that I, as a parent/guardian with legal responsibility for the participant shown on this ASSUMPTION, WAIVER AND RELEASE OF LIABILITY; do consent and agree to his/her release as provided above of all the Releases and, for myself, my heirs, assigns and next of kin, I release and agree to Indemnify the Releases from any and all liabilities incident to my minor child’s involvement or participation in these programs as provided above.
- TERMS OF PARTICIPATION
-
I. PARTICIPATION REQUIREMENTS
In order to participate in your on-bike course, you MUST
• be at least sixteen (16) years of age (parental consent required if you are under 18 years of age).
• pay your course fees in full at registration.
• sign an assumption of risk, waiver, and release of liability agreement in a form approved by TCMS (parents must also sign for course participants under 18 years of age) within time frame allotted.
• be able to produce a valid license and related documents when requested.
• follow healthy motorcycling guidelines in relation Alberta Government Health orders and Alberta Health Services.
• respond to any email requirements by the deadlines given – make sure you email is correct and up to date and to bring any issues or questions about email communication to the immediate attention of TCMS. We are not responsible to you missing important information or request as a result.In addition for the Can-Am course you are registered in, you MUST,
• meet licensing requirements by providing proof of at least a valid class 1,2,3,4,5 Graduated or Full Alberta Driver’s license or equivalent
NOTE: you DO NOT need to complete your knowledge test prior to attending the course – it is NOT a Learner’s Permit.
• wear a full-faced DOT approved helmet and all protective gear provided or approved by TCMS if you choose to use your own. At the discretion of the instructors, you may be required to wear TCMS gear in addition to or instead of your personal gear.
• attend in at least a sturdy (no rips or tears) pair of denim jeans or riding pants – shorts, yoga/sweats and dress pants are NOT acceptable, and you will not be permitted to participate and no refund or credit will be given.
• You agree that if you are unable to ride to a safe standard at any time during your course – as judged by the TCMS instructors – you will not be permitted to continue in the course and no refund or credit will be given.
• do pre-class work (including classroom theory, prep videos and homework) and quiz prior to your on-bike portion, and in course homework that you are assigned. In our experience, failure to complete this homework can and often does, result in unsuccessful outcomes for the student.
II. REGISTRATION FEES AND CONFIRMATION
you agree,
• payment is in full, and all completed forms MUST be submitted within 24 hours of receipt or immediately upon receipt of forms if registered within those 14 days prior to your on-bike dates whichever is sooner for us to process you registration to secure and confirm your place in the course or risk a forfeit with no refund or credit.
• you will receive your course confirmation and any correspondence from TCMS only by email – nothing will be mailed to you, and we will not call you. TCMS is not responsible if you miss you course or do not receive course material because of any issue with your email.III. CANCELLATION / RE-BOOKING / TRANSFERS(+applicable taxes)
NO REFUND or CREDIT will be given once a course has commenced under ANY circumstances including and not limited to illness and injury(e.g., Covid 19, flu) due to the nature of the course.
NO REFUND or CREDIT on Fundraiser and promotional codes, nor can they be redeemed for cash.
• you cannot defer your registration to the following season(s).
• you are accepting this risk as you are booking a service set withing a specific block of time that cannot be deferred or transferred
• it is your responsibility to be familiar with a refamiliarize yourself with the terms and conditions prior to making any changes to your registration. We will not contact you to remind or discuss what your changes entail.
• any changes to your registration must be made personally or by a parent or legal guardian required in the case of a minor.
• written notice must be provided in all cases and any applicable fees are to be paid in full as per deadlines.
CANCELLATION FEES: unless superseded by a non-refundable promo
• within Date of Payment/Registration – 30 days before your Can-Am course ……. refund* less $46
• from 29-15 full days before your Can-Am course ……. refund* less $123
• within 14 full days before your Can-Am course ……. refund* less $200
• on course start day ……. NO REFUND or CREDIT
RE_BOOKING FEES: unless superseded by a non-refundable promo
• within day of payment – 30 full days before your Can-Am course ……. No fee
• from 29-15 full days before your Can-Am course ……. additional $69
• within 14 full days before your Can-Am course ……. additional $123
• on course start day ……. requires a new registration
• requested dates are not confirmed without payment and fees will be adjusted according to the schedule above until then.
• not eligible for cancellation fee after a re-book.NON-REFUNDABLE DISCOUNT PROMOS:
• includes all discounts above $69
• NO REFUND or CREDIT under any circumstances upon confirmation of payment
• promo pricing only valid if and only if paid within the promo period for the dates / times specified, no rain checks.TRANSFERS:
• You can transfer up to one week of your Can-Am course ……. additional $69
• you will not be refunded or credited your fees. It is up to you to get the fees from the individual you are transferring to.
• the transferee must meet the requirements of the course and agree to the same terms.
ADMIN FEES:
• changes to registration not covered above ……. $46
IV. DEEMED UNSUCCESSFUL
If you are enrolled in a Learn to Ride course and you have attended any or all scheduled classes and you are not able to successfully demonstrate the skills required to proceed, you agree that the following special terms apply:
• you are not entitled to a refund or credit of any fees or deferral or transfer of the time for all or any portion of the course remaining.
• you will be offered ONE opportunity to book a redo for part or all of the four on-bike modules within the season availability permitting.
• you must re-attend within 30 days of your original course completion date, unless agreed to in writing by TCMS. Beyond 30 days you will be required to also redo the module prior to the module you were initially required to redo. (There may be a mandatory minimum 30 day waiting period to allow you more time to prepare for re-attendance if the redo includes module 1.)
• you can only be offered attendance on a day and time where space is available in a course.
• the modules that must be redone is a decision of the instructor(s) and you may be required to redo more than one module.
• you will be entitled to a special redo rate of ……. $125 per module booked (the required redo to and including module 4)
• fees must be paid in advance and no refund or credit will be given whether-or-not you are able to meet the requirements to graduate from the course. There are 4 on-bike modules: 3C, Skills, Emergency, Road
V. WEATHER AND OTHER ISSUES
TCMS reserves the right to reschedule / postpone or cancel any course in part or in full at any time prior to or during the course in the event of weather or any issues beyond the control of TCMS. It is important to note that certain times of the season especially the start and end are subject to a higher risk of reschedule / postponement and requires flexibility with your availability / schedule on your end.
We try our best to complete your course as close as we can to the original dates IF and when able. You are responsible for keeping on top of the review to be prepared for when you continue. If the reschedule occurs at the end of the season where we are unable to schedule you, your course will be deferred to the next season. The cancellation / refund policies will still apply if you choose to cancel or are unable to attend your rescheduled dates and or times.
VI. REASONS FOR DISMISSAL AND TERMINATION OF REGISTRATION (NO REFUND or CREDIT)
LATE ARRIVALS / MISSED MODULES:
As the curriculum is progressive, you are required to be on time to you class. Late arrivals WILL be turned away. Each module requires the successful completion of the previous module and therefore you agree that missing a day in whole or part will result in termination of registration for the remainder of your course.
ALCOHOL / DRUGS / ABUSE / FALSE INFORMATION PROVIDED:
You agree that TCMS may terminate your registration without any right to a refund or credit due to any and all behaviours TCMS finds to be inappropriate, unsafe, or illegal including and not limited to the following reasons:
• you are observed to be under the influence of alcohol and or drugs
• failure to follow instructions, in particular
• harassment or abuse of any kind towards any person including and not limited to course participants, instructors, or staff of TCMS; property including and not limited to motorcycles and equipment belonging to TCMS, its staff, participants, or facility
• intentionally providing or failing to correct false or erroneous information at registration or during the course.
INVALID LICENCING AND REQUIREMENTS:
Legally you must be able to produce a valid license prior to and within the duration of your course dates in order to participate. Absolutely NO exceptions as this is a legal requirement.
LACK OF COMMUNICATION
You agree that TCMS may terminate your registration without any right to a refund or credit due to a lack of response when a response is required.
VII. PRE-PAID PURCHASE CODES / FUNDRAISER OR PROMOTIONAL CODES
Prepaid purchase codes are to allow an individual to pay in part or whole of a course for the registrant to allow for the convenience of choosing the dates that work for them. Fundraiser codes are received through a fundraiser and promotional codes are provided through another business as a bonus of a product or service of that same business.
You agree,
• purchasers may request reissue of lost unredeemed codes with proof of purchase and will be subject to a $46 fee.
• policies including cancellation, re-booking, and transfer apply once codes are redeemed for a course.
• course dates cannot be deferred to the following season(s).
• fundraiser and promotional codes must be used in the season intended and cannot be redeemed for cash or credit.
VIII. HEALTHY MOTORCYCLING GUIDLINES
You agree that TCMS may implement Healthy Motorcycling Guidelines (available on the TCMS website) in order to comply with orders and advice of the Alberta Government and/or Alberta Health Services as it relates to health and safety matters.
When the Healthy Motorcycling Guidelines are in place you will be advised of it and or any updates as it becomes available for your course. You further agree that the Healthy Motorcycling Guideline may change during your course without advance notice. You agree that if you do not follow the Healthy Motorcycling Guidelines your registration will be terminated for the remainder of your course and no refund or credit will be given.
* ACKNOWLEDGEMENT *
• TCMS reserves the right to refuse registration by anyone at any time and for any reason.
• TCMS also reserves the right to change and update the terms and conditions applicable to your course at any time.
• you acknowledge that you have read this Agreement and fully understand its contents.
• you certify that you have asked any questions pertaining to your registration and received answers satisfactory to you before finalizing your registration.
• you certify that the information you have given pertaining to your registration is deemed to be correct and truthful.
• you understand that you are to email LearnToRide@Toocoolrides.ca to make any corrections / additions or changes to your registration including cancellations or rebooks.
AGE OF MINORITY
• this agreement must be signed by a Parent or Legal Guardian if the registrant is under the age of 18 at the time of registration.
• the parent and Legal Guardian will be cc’d until the age of 18 has been reached unless otherwise requested in writing.
• this Agreement will automatically be sent to the Parent or Legal Guardian
- ASSUMPTION WAIVER & RELEASE OF LIABILITY
-
Too Cool Motorcycle School Inc. (hereinafter “TCMS”) carrying on business as, TOO COOL MOTORCYCLE SCHOOL, Bombardier Recreational Products Inc. (hereinafter “BRP”), and Basecamp Motorsports Inc (hereinafter “Basecamp”) collectively referred to herein as the “Releasees”
I. ASSUMPTION OF RISKS
1. I am aware that riding a motorcycle (2 or 3 wheels)has risks, dangers, hazards, and that injury may occur even during normal operation.
2. I acknowledge that the risks include but are not limited to collision between me and or me and the motorbike and,
• changes in weather or road conditions,
• mechanical failure,
• collision between me and or me and the motorbike and
a. natural or man-made objects,
b. other motor cyclists or,
c. vehicles or falling from or with the motorcycle and NEGLIGENCE on the part of “TCMS” and its instructors including their failure to protect me from the risks, dangers and hazards of riding and learning to ride a motorcycle.
3. I acknowledge that wearing proper safety equipment, observation of certain rules and personal discipline may reduce the potential for injury; however, the risk of injury always exists.
I am aware of the risks, dangers and hazards associated with learning to ride and riding a motorcycle and I have had an opportunity to discuss any questions I have about safety with the TCMS instructors prior to signing this form and I freely accept and fully assume all risks, dangers, and hazards and the possibility of personal injury, permanent paralysis, death, property damage and loss or expense resulting from any risks, dangers and hazards.
II. RELEASE OF LIABILITY OR CLAIMS AND INDEMITY AGREEMENT
In consideration of being allowed to participate in the TCMS training program, the undersigned acknowledges and agrees:
1. To WAIVE ANY AND ALL CLAIMS, DEMANDS, DAMAGES OR CAUSES OF ACTION that I have or may have in the future against the Releasees their directors, officers, agents and/or employees, other participants, volunteers sponsoring agencies, sponsors, advertisers and if applicable, owners and lessors of premises used to conduct the event andTO RELEASE THE RELEASEES from any and all liability for any loss, damage, injury or expense that I may suffer, or that my next of kin may suffer as a result of or arising out of any aspect of my participation or attendance at TCMS,DUE TO ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF WARRANTY ON THE PART OF THE RELEASEES.
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any loss, damage, injury or expense to any third party, resulting from participation or attendance at TCMS.
3. This agreement shall be effective and binding upon my heirs, next of kin, executor(s), administrators, guardian, and representative(s), in the event of death or incapacity.
4. This agreement shall be effective on the date signed and covers all dates I am registered for including reschedules and additional instructional hours and or activities I sign up and agree to within the year.
This agreement shall be governed by the law of Alberta and any litigation including the parties to this agreement shall be brought in the City of Calgary in the Province of Alberta.
III. GENERAL CONDITIONS
I willingly agree,
1. to comply with the stated and customary terms and conditions for participation. Including that contained within the Course Participant Agreement. IF HOWEVER I OBSERVE ANYTHING I BELIEVE TO BE AN UNUSUAL SIGNIFICANT HAZARD OR DO NOT FEEL COMFORTABLE FOR ANY REASON during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest TCMS instructor and office immediately; and
2. that in order to participate, I must obtain and wear a full-faced DOT approved helmet and suitable protective gear provided or approved by TCMS.
• At the discretion of the instructors, I may be required to wear TCMS gear in addition to or instead of my personal gear during my attendance at the TCMS training program; and
3. that to ensure safe training for all participants including myself, I must satisfy the conditions of each module in order to advance to the next module. The decision as to whether or not I have satisfied the conditions of any module is at the sole discretion of TCMS and its instructors. The inability to satisfy the conditions of each module means I will not be able to continue with the remainder of my course and I understand that no refund is given for failure to satisfy the conditions of any module or part thereof; and
4. understand that abuse of any kind towards anyone including my instructors, owner, and staff of TCMS; and or towards equipment and property of TCMS or that of my fellow classmates will not be tolerated. I can and will be immediately dismissed and not be able to continue with the remainder of my course and I understand that no refund is given for such a situation; and
5. understand that I am responsible for any damages to my machine beyond the reasonable wear and tear of standard use and will provide a Visa or Mastercard with authorization for those charges; and
6. not to be under the influence of drugs or alcohol while riding; and
7. to always operate at safe speed and keep a safe distance from others considering the traffic, road conditions, visibility conditions and my experience; and
8. that any violation to the Healthy Motorcycling guidelines and relevant announcements will result in my immediate dismissal and termination of my registration and that no refund will be given.
HEALTHY MOTORCYCLING GUIDELINES I understand and agree that I will check the website for the posted Healthy Motorcycle Guidelines and notices that are provided by TCMS.
* ACKNOWLEDGEMENT * BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE FULLY READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT I HAVE GIVEN UP AND AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY NEXT OF KIN, HEIRS, EXECUTORS, GUARDIAN, ADMINISTRATORS AND ASSIGNS MAY HAVE AGAINST THE RELEASEES.
FOR PARTICIPANTS OF MINORITY AGE (Under the age of 18 at time of registration) This is to certify that I, as a parent/guardian with legal responsibility for the participant shown on this ASSUMPTION, WAIVER AND RELEASE OF LIABILITY; do consent and agree to his/her release as provided above of all the Releases and, for myself, my heirs, assigns and next of kin, I release and agree to Indemnify the Releases from any and all liabilities incident to my minor child’s involvement or participation in these programs as provided above.
- PHOTOGRAPHIC, VIDEO AND AUDIO RELEASE
-
I. PHOTOGRAPHIC, VIDEO AND AUDIO RECORDINGS I grant permission to TCMS and their representatives to photograph, video and take audio recordings during my time with TCMS as per my course schedules including reschedules and additional instructional time and or activities I sign up and agree to within the year.
I further grant TCMS and its representatives the right to reproduce, use, exhibit, display, broadcast and distribute and create derivative works of the images and recordings while participation in activities with TCMS for promotional, educational and /or corporate use including with BRP and Basecamp unless otherwise arranged.
NOTE: TCMS is aware that in some situations, an individual may be unable to have images shown due to legal/protective/safety reasons in which case we will not show your face. If this applies to you, please explain that [to us].
II. INDEMITY AND RELEASE
I acknowledge that TCMS owns all rights to the images and recordings. I waive any rights to inspect or approve, or royalties and compensation arising from the use of the images or recordings.
I release, defend, indemnify, and hold harmless TCMS from and against any claims, damages or liability arising from or related to the use of images, recordings or material, including but not to limited claims of defamation, invasion of privacy, or rights of publicity or copyright infringement, or any alterations of the images and recording.
* ACKNOWLEDGEMENT *
I HAVE READ THIS DOCUMENT IN ITS ENTIRELY AND FULLY UNDERSTAND THE CONTENTS, MEANING AND IMPACT OF THIS CONSENT WAIVER BEFORE SIGNING BELOW.
FOR PARTICIPANTS OF MINORITY AGE ((Under the age of 18 at time of registration) This is to certify that I, as a parent/guardian with legal responsibility for the participant shown on this ASSUMPTION, WAIVER AND RELEASE OF LIABILITY; do consent and agree to his/her release as provided above of all the Releases and, for myself, my heirs, assigns and next of kin, I release and agree to Indemnify the Releases from any and all liabilities incident to my minor child’s involvement or participation in these programs as provided above.
- TERMS OF PARTICIPATION
-
I. PARTICIPATION REQUIREMENTS In order to participate in your on-bike course, you MUST
• be at least sixteen (16) years of age (parental consent required if you are under 18 years of age).
• pay your course fees in full at registration.
• sign an assumption of risk, waiver, and release of liability agreement in a form approved by TCMS (parents must also sign for course participants under 18 years of age) within time frame allotted.
• be able to produce a valid license and related documents when requested.
• follow healthy motorcycling guidelines in relation Alberta Government Health orders and Alberta Health Services.
• respond to any email requirements by the deadlines given – make sure your email is correct and up to date and to bring any issues or questions about email communication to the immediate attention of TCMS. We are not responsible for you missing important information or request as a result.In addition for the course you are registered in, you MUST,
• meet licensing requirements by providing proof of at least a valid class 6 Graduated or Full Alberta Driver’s license or equivalent
• wear a DOT approved helmet and suitable protective gear or you will not be permitted to participate.
• provide proof of up-to-date of registration and proof of insurance for the motorcycle you are riding for the course
• ensure that your motorcycle is in mechanical working order and filled.
II. REGISTRATION FEES AND CONFIRMATION you agree,
• payment is in full, and all completed forms MUST be submitted within 24 hours of receipt or immediately upon receipt of forms if registered within those 14 days prior to your on-bike dates whichever is sooner for us to process you registration to secure and confirm your place in the course or risk a forfeit with no refund or credit.
• you will receive your course confirmation and any correspondence from TCMS only by email – nothing will be mailed to you, and we will not call you. TCMS is not responsible if you miss you course or do not receive course material because of any issue with your email.III. CANCELLATION / RE-BOOKING / TRANSFERS (+applicable taxes)NO REFUND or CREDIT will be given once a course has commenced under ANY circumstances including and not limited to illness and injury(e.g., Covid 19, flu) due to the nature of the course.
NO REFUND or CREDIT on Fundraiser and promotional codes, nor can they be redeemed for cash.
• you cannot defer your registration to the following season(s)
• you are accepting this risk as you are booking a service set withing a specific block of time that cannot be deferred or transferred
• it is your responsibility to be familiar with a re-familiarize yourself with the terms and conditions prior to making any changes to your registration. We will not contact you to remind or discuss what your changes entail
• any changes to your registration must be made personally or by a parent or legal guardian in the case of a minor.
• written notice must be provided in all cases and any applicable fees are to be paid in full as per deadlines.
CANCELLATION FEES: unless superseded by a non-refundable promo
• within date of payment / registration ……. refund* less $46
• up to 30 full days before your Refresher course ……. refund* less $69
• 29-15 full days before your Refresher course ……. refund* $92
• within 14 full days before your Refresher course …….NO REFUND or CREDIT
• on course start day …….NO REFUND or CREDIT
RE_BOOKING FEES: unless superseded by a non-refundable promo
• within day of payment ……. no fee
• date of payment to 30 full days before your Off-Road course ……. additional $46
• from 29-15 full days before your Off-Road course ……. additional $69
• within 14 full days before your Off-Road course ……. additional 50% of posted tuition
• on course start day ……. requires a new registration
• requested dates are not confirmed without payment and fees will be adjusted according to the schedule above until then.
• not eligible for cancellation refunds after a re-book.NON-REFUNDABLE DISCOUNT PROMOS:
• includes all discounts above $69
• NO REFUND or CREDIT under any circumstances upon confirmation of payment
• promo pricing only valid if and only if paid within the promo period for the dates / times specified, no rain checksTRANSFERS:
• date of original registration to 7 full days before your Grad course ……. additional $69 transfer fee. (from you or the transferee)
• you will not be refunded or credited your fees. It is up to you to get the fees from the individual you are transferring to.
• the transferee must meet the requirements of the course and agree to the same terms.
IV. DEEMED UNSUCCESSFUL If you have attended any portion of your course and you are not able to successfully demonstrate the skills required to proceed, you agree that you are not entitled to a refund or credit of any fees or deferral or transfer of the time for all or any portion of the course remaining.
V. WEATHER & OTHER ISSUES TCMS reserves the right to reschedule/postpone or cancel any course in part or in full at any time prior to or during the course in the event of weather or any issues beyond the control of TCMS. It is important to note that certain times of the season especially at the start and end are subject to a higher risk of reschedule / postponement and requires flexibility on your availability / schedule on your end. The cancellation / refund policies will still apply if you choose to cancel or are unable to attend your rescheduled dates and or times.
VI. REASONS FOR DISMISSAL AND TERMINATION OF REGISTRATION (NO REFUND or CREDIT_4) LATE ARRIVALS / MISSED MODULES:
As the curriculum is progressive, you are required to be on time to you class. Late arrivals WILL be turned away. Each module requires the successful completion of the previous module and therefore you agree that missing a day in whole or part will result in termination of registration for the remainder of your course.
ALCOHOL / DRUGS / ABUSE / FALSE INFORMATION PROVIDED:
You agree that TCMS may terminate your registration without any right to a refund or credit due to any and all behaviours TCMS finds to be inappropriate, unsafe, or illegal including and not limited to the following reasons:
• you are observed to be under the influence of alcohol and or drugs
• failure to follow instructions, in particular
• harassment or abuse of any kind towards any person including and not limited to course participants, instructors, or staff of TCMS; property including and not limited to motorcycles and equipment belonging to TCMS, its staff, participants, or facility
• intentionally providing or failing to correct false or erroneous information at registration or during the course.
INVALID LICENCING AND REQUIREMENTS:
Legally you must be able to produce a valid license prior to and within the duration of your course dates in order to participate. Absolutely NO exceptions as this is a legal requirement.
LACK OF COMMUNICATION
You agree that TCMS may terminate your registration without any right to a refund or credit due to a lack of response when a response is required.
VII. PRE-PAID PURCHASE CODES / FUNDRAISER OR PROMOTIONAL CODES Prepaid purchase codes are to allow an individual to pay in part or whole of a course for the registrant to allow for the convenience of choosing the dates that work for them. Fundraiser codes are received through a fundraiser and promotional codes are provided through another business as a bonus of a product or service of that same business.
You agree,
• purchasers may request reissue of lost unredeemed codes with proof of purchase and will be subject to a $46 fee.
• policies including cancellation, re-booking, and transfer apply once codes are redeemed for a course.
• course dates cannot be deferred to the following season(s).
• fundraiser and promotional codes must be used in the season intended and cannot be redeemed for cash or credit.
VIII. HEALTHY MOTORCYCLING GUIDLINES You agree that TCMS may implement Healthy Motorcycling Guidelines (available on the TCMS website) in order to comply with orders and advice of the Alberta Government and/or Alberta Health Services as it relates to health and safety matters.
When the Healthy Motorcycling Guidelines are in place you will be advised of it and or any updates as it becomes available for your course. You further agree that the Healthy Motorcycling Guideline may change during your course without advance notice. You agree that if you do not follow the Healthy Motorcycling Guidelines your registration will be terminated for the remainder of your course and no refund or credit will be given.
• TCMS reserves the right to refuse registration by anyone at any time and for any reason.* ACKNOWLEDGEMENT *
• TCMS also reserves the right to change and update the terms and conditions applicable to your course at any time.
• you acknowledge that you have read this Agreement and fully understand its contents.
• you certify that you have asked any questions pertaining to your registration and received answers satisfactory to you before finalizing your registration.
• you certify that the information you have given pertaining to your registration is deemed to be correct and truthful.
• you understand that you are to email LearnToRide@Toocoolrides.ca to make any corrections / additions or changes to your registration including cancellations or rebooks.
AGE OF MINORITY
• this agreement must be signed by a Parent or Legal Guardian if the registrant is under the age of 18 at the time of registration.
• the parent and Legal Guardian will be cc’d until the age of 18 has been reached unless otherwise requested in writing.
• this Agreement will automatically be sent to the Parent or Legal Guardian
- ASSUMPTION WAIVER & RELEASE OF LIABILITY
-
I. ASSUMPTION OF RISKS
In order to participate in your on-bike course, you MUST,
1. I am aware that riding a motorcycle has risks, dangers, hazards, and that injury may occur even during normal operation.
2. I acknowledge that the risks include but are not limited to collision between me and or me and the motorbike and,
• natural or man-made objects,
• other motorcyclists or,
• vehicles or falling from or with the motorcycle and NEGLIGENCE on the part of “TCMS” and its instructors including their failure to protect me from the risks, dangers and hazards of riding and learning to ride a motorcycle.
3. I acknowledge that wearing proper safety equipment, observation of certain rules and personal discipline may reduce the potential for injury; however, the risk of injury always exists.
I am aware of the risks, dangers and hazards associated with learning to ride and riding a motorcycle and I have had an opportunity to discuss any questions I have about safety with the TCMS instructors prior to signing this form and I freely accept and fully assume all risks, dangers, and hazards and the possibility of personal injury, permanent paralysis, death, property damage and loss or expense resulting from any risks, dangers and hazards.
II. RELEASE OF LIABILITY OR CLAIMS AND INDEMITY AGREEMENT
In consideration of being allowed to participate in the TCMS training program, the undersigned acknowledges and agrees:
1. To WAIVE ANY AND ALL CLAIMS, DEMANDS, DAMAGES OR CAUSES OF ACTION that I have I have or may have in the future against TCMS, its directors, officers, agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers and if applicable, owners and lessors of premises used to conduct the event (referred to herein as the “Releasees”) and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, injury or expense that I may suffer, or that my next of kin may suffer as a result of or arising out of any aspect of my participation or attendance at TCMS, DUE TO ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF WARRANTY ON THE PART OF THE RELEASEES.
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any loss, damage, injury or expense to any third party, resulting from participation or attendance at TCMS.
3. This agreement shall be effective and binding upon my heirs, next of kin, executor(s), administrators, guardian, and representative(s), in the event of death or incapacity.
4. This agreement shall be effective on the date signed and covers all dates I am registered for including reschedules and additional instructional hours and or activities I sign up and agree to within the year.
This agreement shall be governed by the law of Alberta and any litigation including the parties to this agreement shall be brought in the City of Calgary in the Province of Alberta.
III. GENERAL CONDITIONS
I willingly agree,
1. to comply with the stated and customary terms and conditions for participation. Including that contained within the Course Participant Agreement. IF HOWEVER I OBSERVE ANYTHING I BELIEVE TO BE AN UNUSUAL SIGNIFICANT HAZARD OR DO NOT FEEL COMFORTABLE FOR ANY REASON during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest TCMS instructor and office immediately; and
2. that in order to participate, I must obtain and wear a full-faced DOT approved helmet and suitable protective gear approved by TCMS.
3. that to ensure safe training for all participants including myself, I must satisfy the conditions of each module such as balance, shifting, and emergency maneuvers in order to advance to the next module. The decision as to whether or not I have satisfied the conditions of any module is at the sole discretion of TCMS and its instructors. The inability to satisfy the conditions of each module means I will not be able to continue with the remainder of my course and I understand that no refund is given for failure to satisfy the conditions of any module or part thereof.
4. and understand that abuse of any kind towards anyone including my instructors, owner, and staff of TCMS; and or towards equipment and property of TCMS or that of my fellow classmates will not be tolerated. I can and will be immediately dismissed and not be able to continue with the remainder of my course and I understand that no refund is given for such a situation.
5. that any violation to the Healthy Motorcycling guidelines and relevant announcements will result in my immediate dismissal and termination of my registration and that no refund or credit will be given.
HEALTHY MOTORCYCLING GUIDELINES
I understand and agree that I will check the website for the posted Healthy Motorcycle Guidelines and notices that are provided by TCMS.
* ACKNOWLEDGEMENT *
I HAVE FULLY READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT I HAVE GIVEN UP AND AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY NEXT OF KIN, HEIRS, EXECUTORS, GUARDIAN, ADMINISTRATORS AND ASSIGNS MAY HAVE AGAINST THE RELEASEES.
FOR PARTICIPANTS OF MINORITY AGE (Under the age of 18 at time of registration) This is to certify that I, as a parent/guardian with legal responsibility for the participant shown on this ASSUMPTION, WAIVER AND RELEASE OF LIABILITY; do consent and agree to his/her release as provided above of all the Releases and, for myself, my heirs, assigns and next of kin, I release and agree to Indemnify the Releases from any and all liabilities incident to my minor child’s involvement or participation in these programs as provided above.
- PHOTOGRAPHIC, VIDEO AND AUDIO RELEASE
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I. PHOTOGRAPHIC, VIDEO AND AUDIO RECORDINGS
I grant permission to TCMS and their representatives to photograph, video and take audio recordings during my time with TCMS as per my course schedules including reschedules and additional instructional time and or activities I sign up and agree to within the year.
I further grant TCMS and its representatives the right to reproduce, use, exhibit, display, broadcast and distribute and create derivative works of the images and recordings while participation in activities with TCMS for promotional, educational and /or corporate use unless otherwise arranged.
NOTE: TCMS is aware that in some situations, an individual may be unable to have images shown due to legal/protective/safety reasons in which case we will not show your face.
II. INDEMITY AND RELEASE
I acknowledge that TCMS owns all rights to the images and recordings. I waive any rights to inspect or approve, or royalties and compensation arising from the use of the images or recordings.
I release, defend, indemnify, and hold harmless TCMS from and against any claims, damages or liability arising from or related to the use of images, recordings or material, including but not to limited claims of defamation, invasion of privacy, or rights of publicity or copyright infringement, or any alterations of the images and recording.
* ACKNOWLEDGEMENT * I HAVE READ THIS DOCUMENT IN ITS ENTIRELY AND FULLY UNDERSTAND THE CONTENTS, MEANING AND IMPACT OF THIS CONSENT WAIVER BEFORE SIGNING BELOW.
FOR PARTICIPANTS OF MINORITY AGE (Under the age of 18 at time of registration) This is to certify that I, as a parent/guardian with legal responsibility for the participant shown on this ASSUMPTION, WAIVER AND RELEASE OF LIABILITY; do consent and agree to his/her release as provided above of all the Releases and, for myself, my heirs, assigns and next of kin, I release and agree to Indemnify the Releases from any and all liabilities incident to my minor child’s involvement or participation in these programs as provided above.
- TERMS OF PARTICIPATION
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I. PARTICIPATION REQUIREMENTS In order to participate in your on-bike course, you MUST
• be at least sixteen (16) years of age (parental consent required if you are under 18 years of age).
• pay your course fees in full at registration.
• sign an assumption of risk, waiver, and release of liability agreement in a form approved by TCMS (parents must also sign for course participants under 18 years of age) within time frame allotted.
• be able to produce a valid license and related documents when requested.
• follow healthy motorcycling guidelines in relation Alberta Government Health orders and Alberta Health Services.
• respond to any email requirements by the deadlines given – make sure your email is correct and up to date and to bring any issues or questions about email communication to the immediate attention of TCMS. We are not responsible to you missing important information or request as a result.In addition for the course you are registered in, you MUST,
• meet licensing requirements by providing proof of at least a valid class 6 Graduated or Full Alberta Driver’s license or equivalent
• wear a full-faced DOT approved helmet and suitable protective gear or you will not be permitted to participate.
• provide proof of up-to-date of registration and proof of insurance for the motorcycle you are riding for the course if providing your own motorcycle
• ensure that your motorcycle is in mechanical working order
• sign a separate agreement if you are renting from TCMS.
II. REGISTRATION FEES AND CONFIRMATION you agree,
• payment is in full, and all completed forms MUST be submitted within 24 hours of receipt or immediately upon receipt of forms if registered within those 14 days prior to your on-bike dates whichever is sooner for us to process you registration to secure and confirm your place in the course or risk a forfeit with no refund or credit.
• you will receive your course confirmation and any correspondence from TCMS only by email – nothing will be mailed to you, and we will not call you. TCMS is not responsible if you miss you course or do not receive course material because of any issue with your email.III. CANCELLATION / RE-BOOKING / TRANSFERS (+applicable taxes)NO REFUND or CREDIT will be given once a course has commenced under ANY circumstances including and not limited to illness and injury(e.g., Covid 19, flu) due to the nature of the course.
NO REFUND or CREDIT on Fundraiser and promotional codes, nor can they be redeemed for cash.
• you cannot defer your registration to the following season(s)
• you are accepting this risk as you are booking a service set withing a specific block of time that cannot be deferred or transferred
• it is your responsibility to be familiar with a re-familiarize yourself with the terms and conditions prior to making any changes to your registration. We will not contact you to remind or discuss what your changes entail
• any changes to your registration must be made personally or by a parent or legal guardian in the case of a minor.
• written notice must be provided in all cases and any applicable fees are to be paid in full as per deadlines.
CANCELLATION FEES: unless superseded by a non-refundable promo
• within date of payment / registration ……. refund* less $46 (3.5% for Rental)
• up to 30 full days before your Off-Road course ……. refund* less $69 (3.5% for Rental)
• 29-15 full days before your Off-Road course ……. refund* $92(3.5% for Rental)
• within 14 full days before your Off-Road course ……. NO REFUND or CREDIT
• on course start day ……. NO REFUND or CREDIT
RE_BOOKING FEES: unless superseded by a non-refundable promo
• within day of payment ……. No fee
• date of payment to 30 full days before your Off-Road course ……. additional $46
• from 29-15 full days before your Off-Road course ……. additional $69
• within 14 full days before your Off-Road course ……. additional 50% of posted tuition
• on course start day ……. requires a new registration
• requested dates are not confirmed without payment and fees will be adjusted according to the schedule above until then.
• not eligible for cancellation refunds after a re-book.NON-REFUNDABLE DISCOUNT PROMOS:
• includes all discounts above $69
• NO REFUND or CREDIT under any circumstances upon confirmation of payment
• promo pricing only valid if and only if paid within the promo period for the dates / times specified, no rain checksTRANSFERS:
• date of original registration to 7 full days before your Off-Road course ……. additional $69 transfer fee. (from you or the transferee)
• you will not be refunded or credited your fees. It is up to you to get the fees from the individual you are transferring to.
• the transferee must meet the requirements of the course and agree to the same terms.
IV. DEEMED UNSUCCESSFUL If you have attended any portion of your course and you are not able to successfully demonstrate the skills required to proceed, you agree that you are not entitled to a refund or credit of any fees or deferral or transfer of the time for all or any portion of the course remaining.
V. WEATHER & OTHER ISSUES TCMS reserves the right to reschedule/postpone or cancel any course in part or in full at any time prior to or during the course in the event of weather or any issues beyond the control of TCMS. It is important to note that certain times of the season especially at the start and end are subject to a higher risk of reschedule / postponement and requires flexibility on your availability / schedule on your end. The cancellation / refund policies will still apply if you choose to cancel or are unable to attend your rescheduled dates and or times.
VI. REASONS FOR DISMISSAL AND TERMINATION OF REGISTRATION (NO REFUND or CREDIT_4) LATE ARRIVALS / MISSED MODULES:
As the curriculum is progressive, you are required to be on time to you class. Late arrivals WILL be turned away. Each module requires the successful completion of the previous module and therefore you agree that missing a day in whole or part will result in termination of registration for the remainder of your course.
ALCOHOL / DRUGS / ABUSE / FALSE INFORMATION PROVIDED:
You agree that TCMS may terminate your registration without any right to a refund or credit due to any and all behaviours TCMS finds to be inappropriate, unsafe, or illegal including and not limited to the following reasons:
• you are observed to be under the influence of alcohol and or drugs
• failure to follow instructions, in particular
• harassment or abuse of any kind towards any person including and not limited to course participants, instructors, or staff of TCMS; property including and not limited to motorcycles and equipment belonging to TCMS, its staff, participants, or facility
• intentionally providing or failing to correct false or erroneous information at registration or during the course.
INVALID LICENCING AND REQUIREMENTS:
Legally you must be able to produce a valid license prior to and within the duration of your course dates in order to participate. Absolutely NO exceptions as this is a legal requirement.
LACK OF COMMUNICATION
You agree that TCMS may terminate your registration without any right to a refund or credit due to a lack of response when a response is required.
VII. PRE-PAID PURCHASE CODES / FUNDRAISER OR PROMOTIONAL CODES Prepaid purchase codes are to allow an individual to pay in part or whole of a course for the registrant to allow for the convenience of choosing the dates that work for them. Fundraiser codes are received through a fundraiser and promotional codes are provided through another business as a bonus of a product or service of that same business.
You agree,
• purchasers may request reissue of lost unredeemed codes with proof of purchase and will be subject to a $46 fee.
• policies including cancellation, re-booking, and transfer apply once codes are redeemed for a course.
• course dates cannot be deferred to the following season(s).
• fundraiser and promotional codes must be used in the season intended and cannot be redeemed for cash or credit.
VIII. HEALTHY MOTORCYCLING GUIDLINES You agree that TCMS may implement Healthy Motorcycling Guidelines (available on the TCMS website) in order to comply with orders and advice of the Alberta Government and/or Alberta Health Services as it relates to health and safety matters.
When the Healthy Motorcycling Guidelines are in place you will be advised of it and or any updates as it becomes available for your course. You further agree that the Healthy Motorcycling Guideline may change during your course without advance notice. You agree that if you do not follow the Healthy Motorcycling Guidelines your registration will be terminated for the remainder of your course and no refund or credit will be given.
• TCMS reserves the right to refuse registration by anyone at any time and for any reason.* ACKNOWLEDGEMENT *
• TCMS also reserves the right to change and update the terms and conditions applicable to your course at any time.
• you acknowledge that you have read this Agreement and fully understand its contents.
• you certify that you have asked any questions pertaining to your registration and received answers satisfactory to you before finalizing your registration.
• you certify that the information you have given pertaining to your registration is deemed to be correct and truthful.
• you understand that you are to email LearnToRide@Toocoolrides.ca to make any corrections / additions or changes to your registration including cancellations or rebooks.
AGE OF MINORITY
• this agreement must be signed by a Parent or Legal Guardian if the registrant is under the age of 18 at the time of registration.
• the parent and Legal Guardian will be cc’d until the age of 18 has been reached unless otherwise requested in writing.
• this Agreement will automatically be sent to the Parent or Legal Guardian
- ASSUMPTION WAIVER & RELEASE OF LIABILITY
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I. ASSUMPTION OF RISKS
In order to participate in your on-bike course, you MUST,
1. I am aware that riding a motorcycle has risks, dangers, hazards, and that injury may occur even during normal operation.
2. I acknowledge that the risks include but are not limited to collision between me and or me and the motorcycle and,
• natural or man-made objects,
• other motorcyclists or,
• vehicles or falling from or with the motorcycle and NEGLIGENCE on the part of “TCMS” and its instructors including their failure to protect me from the risks, dangers and hazards of riding and learning to ride a motorcycle.
3. I acknowledge that wearing proper safety equipment, observation of certain rules and personal discipline may reduce the potential for injury; however, the risk of injury always exists.
I am aware of the risks, dangers and hazards associated with learning to ride and riding a motorcycle and I have had an opportunity to discuss any questions I have about safety with the TCMS instructors prior to signing this form and I freely accept and fully assume all risks, dangers, and hazards and the possibility of personal injury, permanent paralysis, death, property damage and loss or expense resulting from any risks, dangers and hazards.
II. RELEASE OF LIABILITY OR CLAIMS AND INDEMNITY AGREEMENT
In consideration of being allowed to participate in the TCMS training program, the undersigned acknowledges and agrees:
1. To WAIVE ANY AND ALL CLAIMS, DEMANDS, DAMAGES OR CAUSES OF ACTION that I have I have or may have in the future against TCMS, its directors, officers, agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers and if applicable, owners and lessors of premises used to conduct the event (referred to herein as the “Releasees”) and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, injury or expense that I may suffer, or that my next of kin may suffer as a result of or arising out of any aspect of my participation or attendance at TCMS, DUE TO ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF WARRANTY ON THE PART OF THE RELEASEES.
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any loss, damage, injury or expense to any third party, resulting from participation or attendance at TCMS.
3. This agreement shall be effective and binding upon my heirs, next of kin, executor(s), administrators, guardian, and representative(s), in the event of death or incapacity.
4. This agreement shall be effective on the date signed and covers all dates I am registered for including reschedules and additional instructional hours and or activities I sign up and agree to within the year.
This agreement shall be governed by the law of Alberta and any litigation including the parties to this agreement shall be brought in the City of Calgary in the Province of Alberta.
III. GENERAL CONDITIONS
I willingly agree,
1. to comply with the stated and customary terms and conditions for participation. Including that contained within the Course Participant Agreement. IF HOWEVER I OBSERVE ANYTHING I BELIEVE TO BE AN UNUSUAL SIGNIFICANT HAZARD OR DO NOT FEEL COMFORTABLE FOR ANY REASON during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest TCMS instructor and office immediately; and
2. that in order to participate, I must obtain and wear a full-faced DOT approved helmet and suitable protective gear approved by TCMS.
3. that to ensure safe training for all participants including myself, I must satisfy the conditions of each module such as balance, shifting, and emergency maneuvers in order to advance to the next module. The decision as to whether or not I have satisfied the conditions of any module is at the sole discretion of TCMS and its instructors. The inability to satisfy the conditions of each module means I will not be able to continue with the remainder of my course and I understand that no refund is given for failure to satisfy the conditions of any module or part thereof.
4. and understand that abuse of any kind towards anyone including my instructors, owner, and staff of TCMS; and or towards equipment and property of TCMS or that of my fellow classmates will not be tolerated. I can and will be immediately dismissed and not be able to continue with the remainder of my course and I understand that no refund is given for such a situation.
5. that any violation to the Healthy Motorcycling guidelines and relevant announcements will result in my immediate dismissal and termination of my registration and that no refund or credit will be given.
HEALTHY MOTORCYCLING GUIDELINES
I understand and agree that I will check the website for the posted Healthy Motorcycle Guidelines and notices that are provided by TCMS.
* ACKNOWLEDGEMENT *
I HAVE FULLY READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT I HAVE GIVEN UP AND AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY NEXT OF KIN, HEIRS, EXECUTORS, GUARDIAN, ADMINISTRATORS AND ASSIGNS MAY HAVE AGAINST THE RELEASEES.
FOR PARTICIPANTS OF MINORITY AGE (Under the age of 18 at time of registration) This is to certify that I, as a parent/guardian with legal responsibility for the participant shown on this ASSUMPTION, WAIVER AND RELEASE OF LIABILITY; do consent and agree to his/her release as provided above of all the Releases and, for myself, my heirs, assigns and next of kin, I release and agree to Indemnify the Releases from any and all liabilities incident to my minor child’s involvement or participation in these programs as provided above.
- MOTORCYCLE RENTAL AGREEMENT, RELEASE AND INDEMNITY
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I. RENTAL & DAMAGES
• I attest that I am a competent rider and am familiar with the motorcycle controls and am able to ride up to a minimum of “highway speeds”
• I agree that this agreeement is strictly for the motorcycle only as I have my own gear. I take full responsibility for the motorcycle while it is in my control and agree to be 100% responsible for the damages up to the full replacement value of the motorcycle occuring while it is in “my control”.
◦ If I damage the motorcycle and it is deemed unrideable, or for any other reason I do not continue, I am still responsible for all fees for the period the bike is rented.
◦ Exception: if I purchased the Damage Limitation Package (“DLP”), I limit my responsibility to $500.
◦ If I damage the bike and it is still rideable, my “deductable” now increases from $500 to $1500 only in the event of additional damage (ie. second crash). The final decision on whether it is redeable will be made by TCMS, and insurance.
• I will be the only rider of the motorcycle and understands if anyone else rides it during the time I have rented it, this contract will be revoked, the motorcycle parked and no fees will be refunded.
• I understand this is the only motorcycle TCMS has for me to ride.
◦ If I crash it and it is deemed rideable, whether I am able to continue to ride it will be at the sole discretion of TCMS.
◦ If it is deemed un-rideable, it will not be replaced and in either case my momey will not be refunded.
• It is my responsibility to be adequately covered by own insurance in case of injury.
• I will ensure the tank is filled back to full upon return.
• TMCS may colletct a $500 refundable damage deposit if I elect to purchase of DLP or $1000 if I elect to waive the purchase of the DLP.
II. CANCELLATIONS
• I am required to make written notice to cancel my reservation no later than fourteen (14) full days before my course date to have 50% of my rental fees refunded or 100% transfer subject to availability.
• I am aware that I may apply my transfer to another rental date, or to a TCMS course on my own bike.
◦ If I transfer the bike rental within fourteen (14) days of the event, I will be charged a $69 transfer fee for the transfer.
◦ the transfer must be within the same calendar year, and no refund will be given.
• I am also aware that the school cancellation policies differ from the motorcycle cancellation policy.
* ACKNOWLEDGEMENT *
I acknowledge that I have read and understand this agreement in it entirety and agree to all TCMS requirements for motorcycle rental. I also authorize any charges beyond the deposits ($500 with DLP, $1000 without DLP) as per the terms. If the motorcycle is returned undamaged at the end of my rental period, I understand any deposits will be returned to me. If I have any concerns or questions I will alert TCMS and will ride only if they have been addressed.
{Credit card form will be provided}
- PHOTOGRAPHIC, VIDEO AND AUDIO RELEASE
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I. PHOTOGRAPHIC, VIDEO AND AUDIO RECORDINGS
I grant permission to TCMS and their representatives to photograph, video and take audio recordings during my time with TCMS as per my course schedules including reschedules and additional instructional time and or activities I sign up and agree to within the year.
I further grant TCMS and its representatives the right to reproduce, use, exhibit, display, broadcast and distribute and create derivative works of the images and recordings while participation in activities with TCMS for promotional, educational and /or corporate use unless otherwise arranged.
NOTE: TCMS is aware that in some situations, an individual may be unable to have images shown due to legal/protective/safety reasons in which case we will not show your face.
II. INDEMITY AND RELEASE
I acknowledge that TCMS owns all rights to the images and recordings. I waive any rights to inspect or approve, or royalties and compensation arising from the use of the images or recordings.
I release, defend, indemnify, and hold harmless TCMS from and against any claims, damages or liability arising from or related to the use of images, recordings or material, including but not to limited claims of defamation, invasion of privacy, or rights of publicity or copyright infringement, or any alterations of the images and recording.
* ACKNOWLEDGEMENT *
I HAVE READ THIS DOCUMENT IN ITS ENTIRELY AND FULLY UNDERSTAND THE CONTENTS, MEANING AND IMPACT OF THIS CONSENT WAIVER BEFORE SIGNING BELOW.
FOR PARTICIPANTS OF MINORITY AGE (Under the age of 18 at time of registration) This is to certify that I, as a parent/guardian with legal responsibility for the participant shown on this ASSUMPTION, WAIVER AND RELEASE OF LIABILITY; do consent and agree to his/her release as provided above of all the Releases and, for myself, my heirs, assigns and next of kin, I release and agree to Indemnify the Releases from any and all liabilities incident to my minor child’s involvement or participation in these programs as provided above.
- TERMS OF PARTICIPATION
-
I. PARTICIPATION REQUIREMENTS In order to participate in your on-bike course, you MUST
• be at least sixteen (16) years of age (parental consent required if you are under 18 years of age).
• pay your course fees in full at registration.
• sign an assumption of risk, waiver, and release of liability agreement in a form approved by TCMS (parents must also sign for course participants under 18 years of age) within time frame allotted.
• be able to produce a valid license and related documents when requested.
• respond to any email requirements by the deadlines given – make sure your email is correct and up to date and to bring any issues or questions about email communication to the immediate attention of TCMS. We are not responsible to you missing important information or request as a result.In addition for the course you are registered in, you MUST,
• meet licensing requirements by providing proof of a valid class 6 Graduated or Full Alberta Driver’s license or equivalent
• wear a full-faced DOT approved helmet and suitable protective gear or you will not be permitted to participate
• provide proof of up-to-date registration and proof of insurance for the motorcycle you are riding for the course
• ensure that your motorcycle (street legal for street courses) is mechanically in working order
• adhere to additional rules set out by the training facility including mechanical and noise requirements [RMM Motorcycle Checklist]
• You also agree that you MUST be able to demonstrate sufficient control and understanding of the operation of a motorcycle withing the first 30 minutes of the course start. It will be at the discretion of the instructor(s) whether or not you will be permitted to continue with the course, to leave the training facility and or continue with on road trainingII. REGISTRATION FEES AND CONFIRMATION you agree,
• payment is in full, and all completed forms MUST be submitted within 24 hours of receipt or immediately upon receipt of forms if registered within those 14 days prior to your on-bike dates whichever is sooner for us to process you registration to secure and confirm your place in the course or risk a forfeit with no refund or credit.
• you will receive your course confirmation and any correspondence from TCMS only by email – nothing will be mailed to you, and we will not call you. TCMS is not responsible if you miss you course or do not receive course material because of any issue with your email.III. CANCELLATION / RE-BOOKING / TRANSFERS (+applicable taxes)NO REFUND or CREDIT will be given once a course has commenced under ANY circumstances including and not limited to illness and injury(e.g., Covid 19, flu) due to the nature of the course
CANCELLATION FEES: unless superseded by a non-refundable promo
• within date of payment / registration ……. refund* less $69
• date of registration to 15 full days before your Advance Street Course ……. 50%refund
• within 14 full days before your Advance Street Course ……. NO REFUND or CREDIT
• on course start day ……. NO REFUND or CREDIT
RE-BOOKING FEES: NO RE-BOOKING due to the nature of the course
TRANSFERS:
• date of original registration to 7 full days before your courses ……. additional $69 (from you or the transferee)
• you will not be refunded or credited your fees. It is up to you to get the fees from the individual you are transferring to.
• the transferee must meet the requirements of the course and agree to the same terms.
IV. DEEMED UNSUCCESSFUL If you do not successfully demonstrate the skills required to continue with the course, you are not entitled to a refund or credit of any fees or deferral or transfer of the time for all or any portion of the course remaining.
V. WEATHER AND OTHER ISSUES TCMS reserves the right to reschedule / postpone or cancel any course in part or in full at any time prior to or during the course in the event of weather or any issues beyond the control of TCMS. It is important to note that certain times of the season especially the start and end are subject to a higher risk of reschedule / postponement and requires flexibility with your availability / schedule on your end. The cancellation / refund policies will still apply if you choose to cancel or are unable to attend your rescheduled dates and or times.
Advance Street course is a NO REFUND or CREDIT course due to the nature of the course and rental of the track.
VI. REASONS FOR DISMISSAL AND TERMINATION OF REGISTRATION LATE ARRIVALS / MISSED MODULES:
As the curriculum is progressive, you are required to be on time to you class. Late arrivals WILL be turned away. Each module requires the successful completion of the previous module and therefore you agree that missing a day in whole or part will result in termination of registration for the remainder of your course.
ALCOHOL / DRUGS / ABUSE / FALSE INFORMATION PROVIDED:
You agree that TCMS may terminate your registration without any right to a refund or credit due to any and all behaviours TCMS finds to be inappropriate, unsafe, or illegal including and not limited to the following reasons:
• you are observed to be under the influence of alcohol and or drugs
• failure to follow instructions, in particular
• harassment or abuse of any kind towards any person including and not limited to course participants, instructors, or staff of TCMS; property including and not limited to motorcycles and equipment belonging to TCMS, its staff, participants, or facility
• intentionally providing or failing to correct false or erroneous information at registration or during the course.
INVALID LICENCING AND REQUIREMENTS:
Legally you must be able to produce a valid license prior to and withing the duration of your course dates in order to participate. Absolutely NO exceptions.
LACK OF COMMUNICATION
You agree that TCMS may terminate your registration without any right to a refund or credit due to a lack of response when a response is required.
VII. PRE-PAID PURCHASE CODES / FUNDRAISER OR PROMOTIONAL CODES Prepaid purchase codes are to allow an individual to pay in part or whole of a course for the registrant to allow for the convenience of choosing the dates that work for them. Fundraiser codes are received through a fundraiser and promotional codes are provided through another business as a bonus of a product or service of that same business.
You agree,
• purchasers may request reissue of lost unredeemed codes with proof of purchase and will be subject to a $46 fee.
• policies including cancellation, re-booking, and transfer apply once codes are redeemed for a course.
• course dates cannot be deferred to the following season(s).
• fundraiser and promotional codes must be used in the season intended and cannot be redeemed for cash or credit.
VIII. HEALTHY MOTORCYCLING GUIDLINES You agree that TCMS may implement Healthy Motorcycling Guidelines (available on the TCMS website) in order to comply with orders and advice of the Alberta Government and/or Alberta Health Services as it relates to health and safety matters.
When the Healthy Motorcycling Guidelines are in place you will be advised of it and or any updates as it becomes available for your course. You further agree that the Healthy Motorcycling Guideline may change during your course without advance notice. You agree that if you do not follow the Healthy Motorcycling Guidelines your registration will be terminated for the remainder of your course and no refund or credit will be given.
• TCMS reserves the right to refuse registration by anyone at any time and for any reason.* ACKNOWLEDGEMENT *
• TCMS also reserves the right to change and update the terms and conditions applicable to your course at any time.
• you acknowledge that you have read this Agreement and fully understand its contents.
• you certify that you have asked any questions pertaining to your registration and received answers satisfactory to you before finalizing your registration.
• you certify that the information you have given pertaining to your registration is deemed to be correct and truthful.
• you understand that you are to email LearnToRide@Toocoolrides.ca to make any corrections / additions or changes to your registration including cancellations or rebooks.
AGE OF MINORITY
• this agreement must be signed by a Parent or Legal Guardian if the registrant is under the age of 18 at the time of registration.
• the parent and Legal Guardian will be cc’d until the age of 18 has been reached unless otherwise requested in writing.
• this Agreement will automatically be sent to the Parent or Legal Guardian
- ASSUMPTION WAIVER & RELEASE OF LIABILITY
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I. ASSUMPTION OF RISKS In order to participate in your on-bike course, you MUST,
1. I am aware that riding a motorcycle has risks, dangers, hazards, and that injury may occur even during normal operation.
2. I acknowledge that the risks include but are not limited to collision between me and or me and the motorbike and,
• natural or man-made objects,
• other motorcyclists or,
• vehicles or falling from or with the motorcycle and NEGLIGENCE on the part of “TCMS” and its instructors including their failure to protect me from the risks, dangers and hazards of riding and learning to ride a motorcycle.
3. I acknowledge that wearing proper safety equipment, observation of certain rules and personal discipline may reduce the potential for injury; however, the risk of injury always exists.
I am aware of the risks, dangers and hazards associated with learning to ride and riding a motorcycle and I have had an opportunity to discuss any questions I have about safety with the TCMS instructors prior to signing this form and I freely accept and fully assume all risks, dangers, and hazards and the possibility of personal injury, permanent paralysis, death, property damage and loss or expense resulting from any risks, dangers and hazards.
II. RELEASE OF LIABILITY OR CLAIMS AND INDEMITY AGREEMENT In consideration of being allowed to participate in the TCMS training program, the undersigned acknowledges and agrees:
1. To WAIVE ANY AND ALL CLAIMS, DEMANDS, DAMAGES OR CAUSES OF ACTION that I have I have or may have in the future against TCMS, its directors, officers, agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers and if applicable, owners and lessors of premises used to conduct the event (referred to herein as the “Releasees”) and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, injury or expense that I may suffer, or that my next of kin may suffer as a result of or arising out of any aspect of my participation or attendance at TCMS, DUE TO ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF WARRANTY ON THE PART OF THE RELEASEES.
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any loss, damage, injury or expense to any third party, resulting from participation or attendance at TCMS.
3. This agreement shall be effective and binding upon my heirs, next of kin, executor(s), administrators, guardian, and representative(s), in the event of death or incapacity.
4. This agreement shall be effective on the date signed and covers all dates I am registered for including reschedules and additional instructional hours and or activities I sign up and agree to within the year.
This agreement shall be governed by the law of Alberta and any litigation including the parties to this agreement shall be brought in the City of Calgary in the Province of Alberta.
III. GENERAL CONDITIONS I willingly agree,
1. to comply with the stated and customary terms and conditions for participation. Including that contained within the Course Participant Agreement. IF HOWEVER I OBSERVE ANYTHING I BELIEVE TO BE AN UNUSUAL SIGNIFICANT HAZARD OR DO NOT FEEL COMFORTABLE FOR ANY REASON during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest TCMS instructor and office immediately; and
2. that in order to participate, I must obtain and wear a full-faced DOT approved helmet and suitable protective gear approved by TCMS.
3. that to ensure safe training for all participants including myself, I must satisfy the conditions of each module to advance to the next module. The decision as to whether or not I have satisfied the conditions of any module is at the sole discretion of TCMS and its instructors. The inability to satisfy the conditions of each module means I will not be able to continue with the remainder of my course and I understand that no refund is given for failure to satisfy the conditions of any module or part thereof.
4. and understand that abuse of any kind towards anyone including my instructors, owner, and staff of TCMS; and or towards equipment and property of TCMS or that of my fellow classmates will not be tolerated. I can and will be immediately dismissed and not be able to continue with the remainder of my course and I understand that no refund is given for such a situation.
5. that any violation to the Healthy Motorcycling guidelines and relevant announcements will result in my immediate dismissal and termination of my registration and that no refund or credit will be given.
HEALTHY MOTORCYCLING GUIDELINES I understand and agree that I will check the website for the posted Healthy Motorcycle Guidelines and notices that are provided by TCMS.
* ACKNOWLEDGEMENT * I HAVE FULLY READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT I HAVE GIVEN UP AND AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY NEXT OF KIN, HEIRS, EXECUTORS, GUARDIAN, ADMINISTRATORS AND ASSIGNS MAY HAVE AGAINST THE RELEASEES.
FOR PARTICIPANTS OF MINORITY AGE (Under the age of 18 at time of registration) This is to certify that I, as a parent/guardian with legal responsibility for the participant shown on this ASSUMPTION, WAIVER AND RELEASE OF LIABILITY; do consent and agree to his/her release as provided above of all the Releases and, for myself, my heirs, assigns and next of kin, I release and agree to Indemnify the Releases from any and all liabilities incident to my minor child’s involvement or participation in these programs as provided above.
- PHOTOGRAPHIC, VIDEO AND AUDIO RELEASE
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I. PHOTOGRAPHIC, VIDEO AND AUDIO RECORDINGS I grant permission to TCMS and their representatives to photograph, video and take audio recordings during my time with TCMS as per my course schedules including reschedules and additional instructional time and or activities I sign up and agree to within the year.
I further grant TCMS and its representatives the right to reproduce, use, exhibit, display, broadcast and distribute and create derivative works of the images and recordings while participation in activities with TCMS for promotional, educational and /or corporate use unless otherwise arranged.
NOTE: TCMS is aware that in some situations, an individual may be unable to have images shown due to legal/protective/safety reasons in which case we will not show your face.
II. INDEMITY AND RELEASE I acknowledge that TCMS owns all rights to the images and recordings. I waive any rights to inspect or approve, or royalties and compensation arising from the use of the images or recordings.
I release, defend, indemnify, and hold harmless TCMS from and against any claims, damages or liability arising from or related to the use of images, recordings or material, including but not to limited claims of defamation, invasion of privacy, or rights of publicity or copyright infringement, or any alterations of the images and recording.
* ACKNOWLEDGEMENT * I HAVE READ THIS DOCUMENT IN ITS ENTIRELY AND FULLY UNDERSTAND THE CONTENTS, MEANING AND IMPACT OF THIS CONSENT WAIVER BEFORE SIGNING BELOW.
FOR PARTICIPANTS OF MINORITY AGE (Under the age of 18 at time of registration) This is to certify that I, as a parent/guardian with legal responsibility for the participant shown on this ASSUMPTION, WAIVER AND RELEASE OF LIABILITY; do consent and agree to his/her release as provided above of all the Releases and, for myself, my heirs, assigns and next of kin, I release and agree to Indemnify the Releases from any and all liabilities incident to my minor child’s involvement or participation in these programs as provided above.