Cycling with Muggaccinos is predicated upon, 'inter alia',  -

(a)         being in general agreement with this Muggaccinos' Ride Participants Liability Acknowledgment;

(b)         notifying BankTeller, Ride Organiser, both verbally and to ScribePJ@bigpond.com if you materially disagree with any clause(s) noted below, as well as voicing your disagreement with other Ride Participants at a Nosh Stop; and

(c)         reading "Tips for new road cyclists to minimise trauma accidents and maximise health benefits".

Duty of care:       

(i)          I understand that the Ride Organiser has a duty of care to the Ride Participants to -

             (a)       plan and describe safe ride routes in each Ride Description; and 

             (b)       inform Ride Participants of any Obvious Risks, Inherent Risks and Foreseeable Non Obvious Risks.

(ii)          I am aware the Ride Organiser ostensibly discharges that duty of care by publishing a comprehensive Ride Description at  "Rides Calendar & Bullsheets" accessible on Muggaccinos.com home page which -

              (a)      note Obvious Risks, Inherent Risks and any Foreseen Non Obvious Risks, incl courteous ride protocols;

    (b)      request Ride Participants to ride in single file whence on single lane roads with an unbroken centre line and to get off the road at Sag Stops; and

    (c)      remind Ride Participants that they are required to hold public liability third party insurance cover in case their negligence seriously injures a third party, because they may otherwise incur material damages and legal costs which could exceed $1,000,000 because Greenslip third party cover does not extend to riding a bicycle, notwithstanding that a bicycle is deemed a 'vehicle' in the NSW Road Rules.

               In determining whether a Ride Organiser would have taken precautions against a risk of Harm Sufferable, the court is to consider the following (amongst other relevant things):

(iii)         I accept that it is incumbent upon each Ride Participant to read the Ride Description and make any further enquiries they might have before commencing a Muggs' bicycle ride by -

              (a)      reviewing the street directory, or 

              (b)      asking the Ride Organiser concerning any road section they are unfamiliar with.

(iv)         I accept that each Ride Participant has a duty of care to the Ride Organiser, and to other Ride Participants, to -

    (a)      be familiar with the Ride Description; and 

    (b)      not knowingly lead another Ride Participant(s) on an alternate ride section unless such Ride Participant(s) provides a Risk Warning.

(v)          I appreciate that if a Ride Participant on a Muggs' ride encourages other Ride Participants to vary a Ride Description, and another Ride Participant(s) or third party suffers a serious injury, the injured Ride Participant(s) or third party might allege that negligence or misconduct, by those Ride Participant(s) which did not follow the Ride Description, had contributed to their injuries.

(vi)          I understand due to hot or wet weather the Ride Description might be changed in which case the Ride Organiser -

    (a)      will make reasonable efforts to canvas a majority view before changing the Ride Description; and

    (b)      will not knowingly abandon a Ride Participant due to a route change.

(vii)         I accept that the Ride Organiser might make immaterial changes to the Ride Description which do not change the intended destination.

Ride Participant is a Volunteer: 

(viii)       I accept that I am a voluntary Ride Participant in a physically challenging outdoor Recreational Activity which involves some Obvious Risks.  I choose to ride with Muggaccinos voluntarily and I am responsible for my own safety whilst participating on any Muggs' ride.

(ix)         I accept full responsibility for any injury that I may suffer on a Muggaccinos' bicycle ride, no matter how I incur such injury and I will not hold the Ride Organiser responsible for any and all injury, or loss that I may sustain, or for the outcome of my actions, whatsoever as a Ride Participant, unless the Ride Organiser is grossly negligent or willfully misconducts himself.

Cycling protocols:

 

 

 (x)          As a Ride Participant, I –

(a)          accept that cycling two abreast on single lane roads is often risky because some motorists are in a hurry;

(b)          will NOT ride two abreast on a single lane road which has an unbroken centre line, because the RTA deems the visibility ahead insufficient over that road section, and if a frustrated motorist passes cyclists riding two abreast, the Ride Participants' important small talk might be permanently stopped;

(c)          will always endeavour to ride on the left hand side of the lane closest to the gutter, except where the road surface is unsound or on busy 2 and 3 lane roads where it is safer for two cyclists to ride two abreast in the gutter lane eg. cycling west on Mona Vale Rd returning to St Ives, or to take the lane myself when another cyclist is not nearby;

(d)          accept that Muggs' credo is climbing steep hills with gusto; and

                           i)         I will not draft less than one bicycle length from the bicycle in front of me for more than 30 seconds without the agreement of the rider in front [who pursuant to sub clause (ii) below, then accepts responsibility to warn of pending obstructions (eg. glass, potholes, grids)] due to increased likelihood of wheels touching, particularly on the flats and down hills, and consequent falls where the road always wins; and

                           ii)        if I am leading a small consensual bunch, I will -

                                                            +       warn Ride Participants behind me, using both hand signals and loud audible warnings, of upcoming potholes, grids etc;

                                                          +       scream-out real loud, real fast if I need to deviate in speed or direction due to something that I see within my pathway - "like a good fly-half, I will keep my outside backs informed"

               (e)          will loudly call out "Car Back" to any cyclists ahead within earshot if a motorist passes me too close, particularly if the road ahead is narrow;

(f)           will get well off the road at designated Sag Stops;

(g)          will not pull up another Ride Participant(s) at an undesignated Sag Stop unless I patently audibly warn another Ride Participant(s) who follow my lead to similarly get off the roadway;

(h)          will ride with care and consideration for other Ride Participants and I will be conscious not to cut-in on or cut-off a fellow Ride Participant; 

(i)           will always seek to give a metre clearance when I overtake another Ride Participant, and if the other side of the road is clear I will provide at least 2m clearance when passing; 

(j)           will call-out loudly to warn an up-coming Ride Participant, if I am passing on the LHS, or I need to push-in quickly; 

(k)          will not cycle over a wooden bridge (in particular with timber joists running down the length of the bridge) which I am unfamiliar with, unless I first check that the gaps between the joists are materially less than my tyre width;

(l)           will NEVER signal a motorist behind me on a single lane road to pass me because I believe that the way ahead is clear, rather I will ride as close as is safe to the LHS to maximise the opportunity for a motorist behind to pass me when it determines it is safe to pass;

(m)         will retreat to a safe location prior to changing a flat tyre;

(n)          will endeavour to inform the Ride Organiser if I am not completing the advertised Ride Description;

(o)          am mindful that cycling on wet roads is much more dangerous, and I will always descend very cautiously on a wet road, due to a lower coefficient of friction;

(p)          am aware that the same traffic penalties that apply to a motorist which breaks a road rule, may equally be levied upon a cyclist;

(q)          am aware that wearing a helmet is a road rule in Australia; and

(r)          am aware that a cyclist wearing brightly coloured clothing is more visible to motorists.

(xi)         I am responsible -

(a)         for my helmet and my bicycle being in sound working order; 

(b)         to carry a pump and two spare tubes; and

(c)         to know how to change a bicycle tube.

(xii)        I appreciate that due to dehydration from strenuous activity that Muggs don't consume alcohol until after a Muggs' ride is terminated, and even then not until after sufficient time has elapsed to reliquify the carcass, otherwise one can become as blind as a welder's dog after imbibing a few frosties.

(xiii)       I will pay for any coffee/grits/chow at cafés that I may order for myself.

Competent cycling ability:

(xiv)        I have cycled in rides over 50km and am aware of the hazards of cycling on public roads used by cars and have sufficient competence to participate in Muggs' rides.

(xv)         I am aware that -

               (a)         many hills Muggs Ride Participants descend require excessive braking, and some Muggs may go Scary Fast  down 'em; and

               (b)         an unsolicited puncture, could necessitate paint scrapers 'n blotters to help put Humpty Dumpty back together again. 

               Hence, on downhills I err on the side of prudence, as it may help me keep the rubber side down, and my bones unbroked, as breaking before a corner, rather than at it, has avoided many a painful fall in the past.

(xvi)        I am aware that climbing steep, long hills might strain my motor.

3rd party public liability insurance coverage:

(xvii)       I will join Bicycle NSW, Bicycle Vic, Pedal Power ACT or take-out other comparable third party public liability insurance cover, prior to riding with Muggaccinos, because unlike when driving a motor car, there is no universal Green Slip generated 'pot of monies' to pay a third party personal injury claim if my negligence seriously injures a third party.

Personal injury insurance coverage:

(xviii)      I will take out personal injury insurance if I cannot afford to forego income if rehabilitating due to a cycling injury, and

    (a)       my employer doesn't cover me for extended work time lost due to an injury suffered whilst cycling; or

    (b)       I am self-employed (or unemployed).

Liability Denial

(xix)       The Ride Organiser accept no responsibility for any injury that a Ride Participant may suffer whilst participating in a Muggaccinos' bicycle ride unless the Ride Organiser is grossly negligent or wilfully misconducts himself.