Terms and Conditions
We ask that all participants agree to accept our basic code of conduct to ensure that these sessions remain enjoyable and beneficial to all.
We ask that:
- Participants maintain the ethos of these sessions being fun and inclusive (open to all)
- Participants do not engage in dangerous riding or racing at any time
- Participants do not use the cycles in a way that may cause damage to the cycles or other property
- Participants respect other users of the forest and ride courteously.
By booking on to a PEDALL ride you are agreeing to the following Terms and Conditions below:
- In these Terms and Conditions, the following terms have the meanings given to them below.
- Event means an inclusive cycling event organised and facilitated by the NPA under the PEDALL programme, including starter sessions and guided rides, whether run as open sessions or reserved sessions
- Group leader means in respect of an open session, a responsible adult acting on behalf of one or more participants. in respect of a reserved session, a member of group staff (or other person attending an event from a third party body, whether formally appointed or employed by that body or not) who books an event and is in charge of that group’s participants during the event
- Group staff means one or more members of staff of or volunteer(s) to or other associate(s) supplied by any third-party body in respect of a reserved session, and group leader and staff means all group staff together with the group leader
- Guided ride means an inclusive cycling guided ride for participants commencing at Burley, Standing Hat car park, Tilery Road car park or any other New Forest location Individual means an individual booking an open session where either (i) there is no group leader in respect of that open session or (ii) any group leader that is attending that open session is not acting on behalf of that particular individual
- NPA means the New Forest National Park Authority
- Open session means a PEDALL run inclusive cycling session for individuals and/or family groups
- Participant means a person who participates in an event and includes all individuals, groups and family members attending an open session, and all attendees of any reserved session, including the group leader and staff and any responsible adults where relevant
- PEDALL means an inclusive cycling programme run by the NPA in conjunction with other partners and funded partly by the charity Friends of PEDALL
- PEDALL’s property means all and any of the property land and/or equipment that is owned leased loaned and/or supplied by PEDALL, including for example all bikes, safety equipment, security equipment, catering facilities, bathroom facilities, vehicles, the PEDALL base in Burley leased by the charity Friends of PEDALL and any other such property from time to time, and PEDALL property shall be construed accordingly
- PEDALL staff means NPA staff deployed to assist in any aspect of events and administration
- PEDALL volunteers means volunteers recruited or deployed by the NPA to assist in any aspect of events and administration and PEDALL staff and volunteers means both PEDALL staff and PEDALL volunteers
- Reserved session means a PEDALL run inclusive cycling session for groups and institutions and other third-party bodies including schools, care facilities, local authorities, charities, etc.
- Responsible adult means, as appropriate: a legal parent or guardian of a participant under 18; and any person appointed to act in a similar capacity as parent, guardian, carer, attorney or other decision maker on behalf of any participant who is under the age of 18 and/or lacks legal capacity for any other reason
- Starter session means an initial session with PEDALL staff and/or PEDALL volunteers during which participant(s) will be given the opportunity to test ride bikes and indicate which they prefer
- The conduct and pastoral care of participants shall be the responsibility of the group leader and group staff and any responsible adults in attendance, and not that of PEDALL staff and volunteers.
- The group leader shall ensure that correct local authority supervision ratios are maintained at all times. PEDALL staff and volunteers are not to be considered as within these supervision ratios.
- The group leader must ensure that participants behave appropriately at all times while on PEDALL property and during an event.
- The group leader must ensure that participants comply with the Highway Code, and that they show courtesy and care for other road and track users at all times, including passing walkers, other cyclists, and any horses or other animals slowly and carefully.
- The group leader must ensure that participants co-operate with all reasonable requests made by PEDALL staff and volunteers, whether for participants’ own or others’ safety, for the successful management of the event, or otherwise. The group leader must take all other actions as necessary to avoid or mitigate any risk of injury or death to participants, PEDALL staff and volunteers, third parties, or animals, however arising, and to avoid or mitigate any risk of loss or damage to property.
- The group leader has primary responsibility for administering first aid to participants if necessary.
- The group leader shall, and shall ensure that his/her/their group staff, bring any factors within their knowledge that might be likely to cause any safety hazard to an event to the attention of PEDALL staff as soon as possible after becoming aware of it.
- The group leader shall ensure that during events all participants wear appropriate and good quality safety helmets to BSEN1078 or the helmets provided by PEDALL, and any other safety equipment as reasonably requested by PEDALL staff and volunteers. The group leader confirms that where specialist or other bikes are supplied by the group leader it is the responsibility of the group leader to ensure they are in a safe and ride-able condition.
- The group leader shall be responsible for the payment of any applicable fees. All rides are chargeable, and fees are payable in advance of the event.
- The group leader shall ensure that participants shall wear ride-appropriate clothing and footwear.
- The group leader shall make all reasonable endeavours to ensure that PEDALL’s property is not damaged through any act or omission of a participant or otherwise and that all such property including bikes and safety equipment is restored to PEDALL staff at the end of the event.
- As participants (Riders and Carers) must undergo a starter session before undertaking a guided ride (whether an open or reserved session), the group leader must ensure that all participants (Riders and Carers) on a guided ride have first attended a starter session.
- PEDALL staff may curtail the event if in their opinion one or more participants’ behaviour is or may be hazardous to that participant, the group, PEDALL staff or volunteers or third parties or animals or risks damage to or loss of property, where the group leader does not prevent or immediately control that behaviour.
- PEDALL staff may at any time request that one or more participants are excluded from an event, without curtailing that event in respect of the remaining participants, by reason of his/her/their behaviour and where that behaviour has not been prevented or controlled by the group leader. If the group leader is unable to ensure the safe removal of that/those participant(s) without reducing remaining supervision levels below the requirements of paragraph 11 of these Terms and Conditions, the event will be cancelled/curtailed.
- The NPA may cancel or curtail an event at any time because of actual or projected weather conditions or for any other reason that at the discretion of PEDALL staff would cause risk or hazard to participants or PEDALL staff or volunteers or to third parties or animals, and/or damage to or loss of property. Any fees paid cannot be refunded in these circumstances, but the NPA will make reasonable endeavours to provide an alternative date for a similar event as soon as practicable.
- Where a paid event is cancelled by a group leader no refunds shall be given. No partial refunds shall be given if the actual attendance of an event is lower than that anticipated at the time of booking.
- The group leader shall ensure that participants are as named on the booking form (currently administered through Eventbrite). In the event that any substitutions of participants are made prior to the start of an event the group leader shall ensure that PEDALL staff are made aware of this including the name of any substitute participant and shall ensure that paragraphs 4, 5 and 6 of these Terms and Conditions have been complied with in respect of that substitute participant prior to the start of the event.
- PEDALL staff and volunteers will co-ordinate the activities and the delivery of the event and will advise the group leader, participant(s) and/or responsible adult(s) of any known hazards.
- PEDALL staff are qualified in first aid and will carry a first aid kit during the visit, although the primary responsibility for administering first aid remains with the group leader.
- PEDALL will supply good quality bikes and helmets to participants (if participants do not have their own) for the duration of the event and will ensure the proper maintenance of all bikes and other equipment provided to participants for their use at events.
- The NPA will seek to comply at all times with all duties of care it owes to participants however arising in connection with an event, and nothing in these Terms and Conditions purports to limit any liability that cannot legally be limited, including liability for death or personal injury under the law of negligence. However, the NPA and its partner organisations and staff shall not be liable for any loss of or damage to property or any injury to or death of participants or group leaders, whether or not arising under the law of negligence or in contract, that does not arise from its own act or omission to act in accordance with its duties in the law of negligence and in contract. In particular, group leaders are responsible for participants’ behaviour during events as set out in these Terms and Conditions, and the NPA and its partner organisations and staff shall have no liability in negligence or contract for any loss, damage, injury or death arising as a result of any action or omission by any participant or of the group leader or group staff or any responsible adult. Similarly the NPA and its partner organisations and staff shall have no liability whether in negligence or contract for any loss, damage, injury or death arising from any acts or omissions of third parties or of PEDALL staff acting outside the course of their employment or of PEDALL volunteers, nor as arising from any other event outside the NPA’s reasonable control.
- The group leader shall ensure that participants and where applicable responsible adults are aware that the NPA is subject to access to information legislation, including all applicable freedom of information, environmental information, and data protection provisions. This means that we may be asked by members of the public for any information we hold, and this could include details of events and participants. Whilst all endeavours are made to protect individuals’ personal information there may be circumstances where we are required to disclose it by law, whether under the access to information provisions or otherwise.
- These Terms and Conditions apply to group leaders booking reserved sessions and to individuals booking open sessions. Booking an event constitutes acceptance of these Terms and Conditions by the group leader or, as appropriate, the individual. In the latter case, and with the exception of paragraphs 11 and 26 which do not apply to individuals, these Terms and Conditions shall be read as though the term group leader includes each individual, in that each individual must ensure his/her/their own compliance with these Terms and Conditions including in particular all safety measures set out herein. Where an individual books an open session in this way he/she/they confirms that they have legal capacity to do so and that no responsible adult exists or has been appointed in respect of him/her/them.
- Prior to the start of the event, the group leader shall ensure that and hereby confirms that all necessary consents whether in respect of participation in an event, the processing of personal data, or otherwise, have been obtained from each participant or, where applicable, his/her/their responsible adult.
- Prior to obtaining the consents referred to in paragraph 4 above, the group leader shall ensure that all participant(s) (or his/her/their responsible adult(s), as applicable) are made aware of the risks of participation in an event and of the content of these Terms and Conditions. These risks include serious injury and death, and loss or damage to personal property, and potential legal liability in negligence.
- Following booking and prior to the start of the event the group leader shall also bring to the attention of all participant(s) (or his/her/their responsible adult(s), as applicable) any other information as requested by PEDALL staff including all relevant information from the information pack supplied by PEDALL as to clothing, conduct, safety, etc.
- Group leader(s) shall be responsible for the giving or obtaining of any consent or agreement that becomes necessary during or after an event on behalf of participants. By allowing a participant to continue with an event the group leader confirms that all necessary consents have been obtained. Where any consent should as a matter of law be obtained from a particular participant’s responsible adult and that responsible adult is not present at the event or his/her/their consent cannot be obtained, the group leader will bring this to the attention of PEDALL staff and that participant shall not be allowed to continue with the event or with the matter requiring the consent as applicable.
- Where one or more participant(s) may not continue with an event or an event is cancelled for any reason whatsoever whether under paragraphs 7, 22, 23, 24, or otherwise, it is the responsibility of the group leader to ensure that that/those or all participant(s) as necessary is/are transported safely to his/her/their place of residence and that all PEDALL property is restored to PEDALL staff and volunteers. No refunds of any fees paid shall be given in these circumstances although in the case of cancellation under paragraph 24 PEDALL will make reasonable endeavours to provide an alternative event.
- At all times during an event and while on PEDALL property, the group leader and his/her/their group staff (and, where in attendance, responsible adult(s) as applicable) shall be in loco parentis to participants.
COVID-19 Terms and Conditions
In response to the COVID-19 pandemic, we have introduced specific booking and safety measures in an effort to safeguard the health, safety and wellbeing of our customers and staff.
- Open sessions shall be limited to single households or support bubbles until further notice.
- By booking an activity with us during this time, group leaders: confirm that participants will comply with all current government COVID-19 related government guidance including but not limited to social distancing and handwashing protocols whilst taking part in an event or on PEDALL’s property;
- confirm that none of the participants has had COVID-19 symptoms or tested positive for COVID-19 in the last 21 days;
- if a participant has ever tested positive for COVID-19, confirm that he/she/they have been symptom free for at least the last 14 days;
- confirm that none of the participants has knowingly been in direct contact with anyone showing symptoms of COVID-19 in the last 21 days;
- confirm that all participants (or where applicable his/her/their responsible adult(s)) understand that while the NPA has introduced measures to minimise the risk of contracting COVID-19 virus, these risks cannot be completely eradicated, and PEDALL staff and the NPA are not responsible if a participant contracts COVID-19 at an event or on or from PEDALL’s property;
- give permission for PEDALL staff or volunteers to break social distancing protocols if at the discretion of PEDALL staff that is necessary in order to provide support, first aid or to carry out a rescue in respect of a participant;
- agree that if social distancing protocols are required to be broken for any reason, a record of this will be made to aid contact tracing (participants’ personal data will be processed in line with the privacy notice referred to above); and
- consider and maintain personal safety at all times, including hand washing and limiting close contact to participants’ own household/group/bubble.
Group leaders are asked to raise, or ensure that group staff raise, any issues / learning-points noticed or encountered at an event with PEDALL staff or volunteers (to aid in providing safe and enjoyable events for future participants).
In addition, you will decide whether you and/or those in your care wear a helmet during the session. If wearing a helmet, it must fit properly (session staff can assist with this). You are responsible for any injury that may occur as a consequence of wearing, or not wearing a helmet. If you do decide that you/those in your care wear a helmet it will conform to one of the following standards. BS6863, AS2063.86, ANSIZ90.4, SNELL B90 or B95.