Terms of service

By agreeing to a "Test Ride", you are agreeing to the following terms between the Company (EMX4Hire) and the Customer (individual completing this form):

TEST RIDE LIABILITY:

The Customer agrees to be liable for any damage or theft to the test ride motorcycle occurring during the test ride, subject to the excess amounts specified herein.

DAMAGE EXCESS:

For all off-road motorcycle test rides, the Customer agrees to an excess amount of $5,000.

PAYMENT OF EXCESS:

In the event of damage or theft of the test ride motorcycle during the test ride, the Customer agrees to pay the applicable excess amount to the Company promptly upon request.  

For any damage found to be repairable under the excess amount, the customer will be charged for all repairs, which includes parts, labour, freight and any other additional costs required to repair the motorcycle.

RESPONSIBILITY:

The Customer agrees to exercise due care and follow all applicable traffic laws, rules, and regulations while operating the test ride motorcycle during the test ride. 

Riders must present a valid motorcycle license appropriate for the model being test ridden. 

The Customer agrees to use all legally required protective gear, adhere to all safety guidelines, and is strongly encouraged to wear appropriate safety gear, including gloves and protective clothing.

Riders must be in good health and free from any condition that may impair their ability to safely operate a motorcycle.

The Company reserves the right to terminate the test ride immediately if the rider demonstrates negligent or reckless behavior, including but not limited to:

Failure to follow traffic laws or Company safety instructions.
Reckless or dangerous riding, including excessive speeding or stunts.
Operating the motorcycle under the influence or suspicion of alcohol, drugs, or any impairing substance.

In the event of such cancellation due to rider negligence, no refunds or rescheduling will be provided.

INDEMNIFICATION:

The Customer agrees to indemnify, defend, and hold harmless the Company from and against any and all claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or related to the Customer's use of the test ride motorcycle during the test ride.

The Company is not responsible to any damage, theft, or injury sustained by the customer due to the riding conditions or maintenance of the off-road tracks or it's facilities.

INSPECTION:

The Company reserves the right to inspect the test ride motorcycle before and after the test ride to determine any damage that may have occurred.

The Customer is required to disclose any damage, issues, or theft that may have occurred during their test ride.

GOVERNING LAW:

This Agreement shall be governed by and construed in accordance with the laws of Australia.

ENTIRE AGREEMENT:

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral, relating to such subject matter.