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 checks

TRANSFERS:

• 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.

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Terms

TERMS & WAIVERS

LEARN TO RIDE: Full & Intro

TEST PREP / EXTRA PRACTICE:

CAN-AM:

REFRESHER

OFF-ROAD:

ADVANCE STREET RIDING: