SENDER SPORTS LTD TERMS AND CONDITIONS

These are the only terms on which we supply our goods and services (including coaching sessions and
kid’s clubs) that are booked online. These terms apply to UK sales only and do not apply to any
goods you may buy from our shop on site. Please read these terms carefully before you submit any
order to us through our website as we may update these terms from time to time (with or without
notice to you), and any changes will be binding on you where you continue to order from us or visit
us.

Other terms apply when you visit us, including our BIKE PARK CODE OF CONDUCT and GUIDANCE NOTES and
our Customer Information and Acceptance of Risk / Waiver Form.

More information about who we are is set out at the bottom of these terms. We are under a legal
duty to supply products that are in conformity with these terms. Under the Consumer Rights Act
2015, goods must be as described, fit for purpose and of satisfactory quality. You can contact us
at any time in relation to your order either on 07719 309214 or at
scott@performancemountainsports.com.

1. OUR GOODS AND SERVICES

1.1 We offer a range of goods and services that are publicised and available online. Terms
applicable to each of these are set out in this clause 1.
1.2 Goods
All goods that we offer are available on our website, subject to the prices listed and availability
at the time of ordering. Images of goods shown are for illustration only and images may differ
slightly from the goods actually delivered.
1.3 Membership Passes and Session Passes
1.3.1 Our Membership Pass and Session Pass will grant you repeated access to the Bike Park during
the validity period stated on them, subject always to our terms of access. Once paid, you do not
need to pay again for Bike Park access during the validity period.
1.3.2 You can buy a Session Pass to experience unlimited access to the Bike Park on the day and
time that you specify. However, a New Session pass may be required if you wish to extend your
session.
1.3.3 Membership and Session passes must be paid for in full up front using our accepted payment
methods. The pass will run from the date and time that you purchase the pass until expiry date and
time chosen.
1.3.4 Membership Passes and Session Passes are for Bike Park access only, subject always to
availability and all other terms that apply to your use of the park on the relevant day. Other
services are not included and must be booked and paid for separately, in addition.
1.3.5 Session Pass holders must register at reception each time you wish to access the bike park,
where you will be provided with a Participation Band for use on that day / booked session.
1.3.6 You must always display your band on your person when you are riding the Bike Park. You must
only display one band at a time.
1.3.7 Lost or stolen bands. If you lose your band at any time, or you feel that someone has stolen
it, you must notify us as soon as possible and we can issue a replacement for a £5 fee. Copy bands
are not issued in anticipation of loss or theft.
1.3.8 Damaged bands. If your band is damaged or defective, we will replace it for a £5 fee (once
we have confirmed it is still valid).
1.3.9 Your use only. Membership Passes and Session Passes are granted to you only; they are not
transferable and must not be given to others (for free or otherwise). If you give your pass to
someone else, it may be confiscated without any refund, and you may not be permitted to access the
Bike park in the future. If you wish to purchase a Membership Pass or a Session Pass as a gift,
please make sure the name booked is that of the rider, not the purchaser.
1.3.10 Right to refuse access. We reserve the right to refuse any application for a Membership
Pass or Session Pass to any person, at any time, for any reason.
1.3.11 Cancellation. See details in clause 6
1.3.12 Rider name changes. If you wish to change the name of any rider this is done at our
discretion, please inform us which rider is being replaced and the full name of the replacement
rider. New riders must complete the Acceptance of Risk on arrival.

1.4 BIKE AND PROTECTIVE EQUIPMENT

1.4.1 Helmets. We have a strict helmet policy. If you do not wear a helmet whilst riding, you will
be asked to forfeit your membership or session pass and you will not be refunded. Ensure that your
helmet
imum, is less than three years old, is in good shape and properly

adjusted; we highly recommend the use of full face protection helmets with higher levels of
protection such as ASTFM F1952-DH. Gloves, eye protection and body armour are also highly
recommended.

1.5 COACHING AND GUIDING

1.5.1 Coaching sessions and Guided Rides can be booked as either a private 1-2-1 session with a
coach / guide or as a group session with a coach / guide of up to 8 riders per coach / guide. A
coaching session may include the provision of a Session pass subject to its terms – please check
the course content.
1.5.2 Our coaching team will endeavour to deliver all the skills listed for each lesson stage.
However, skills attained by you may be dependent on your personal rate of progression or that of
others in your group. For your own safety, our coaching team will not over-accelerate your learning
before you are ready to move on to the next level. You must ALWAYS let coaches know if you are
progressing faster than you would like OR if you would like to go back a stage and practice /
consolidate at a lower level.
1.5.3 Our guiding team will endeavour to deliver the trail adventure as listed and described.
However, your skills and techniques and personal rate of progression or that of others in your
group may require us to change plan. Weather may also play a large part in changes of plan. For
everybody’s safety you must ALWAYS let guides know if the trail is too challenging. It is always
better / safer to dismount and walk sections of the trail OR we can find / discuss an alternative
trail if one exists.
1.5.4 You must be at least 5 years of age to attend a standard coaching session. Children aged 5
years to 15 must be have an adult present onsite at all times. Children aged 16 and 17 must have a
responsible adult in close proximity that can return quickly in the event of an accident.
1.5.5 To ensure the safety of all riders, no-one other than our qualified coaches are permitted to
teach in our Bike Park unless prior permission has been granted. Anyone found to be coaching or
soliciting for clients to coach who isn’t a member of our staff, or does not have clear prior
approval from us, will be asked to leave the premises and may be permanently excluded.

1.6 EVENTS

1.6.1 We may run events at our park from time to time. Tickets for these events may be purchased
online in advance for the price specified on the relevant event webpage. The sale of tickets is
subject to availability.
1.6.2 If any event is cancelled by us (for example, due to poor weather), we will notify you and
will offer you a full refund.
1.6.3 Where an event involves the provision of another service covered in these terms, the
relevant terms for that service will also apply.

1.7 GROUP BOOKINGS

1.7.1 We offer a variety of group booking opportunities, including a number of services to which
these terms apply as part of a group booking.

1.8 VOUCHERS AND GIFT CARDS

1.8.1 Gift vouchers may only be redeemed toward the purchase of eligible products and services on
our website prior to their expiry date (after which point, their balance will be lost). Gift
vouchers can be spent in whole or in part. For part payments, purchases will be deducted from the
redeemer’s gift voucher balance, and the remaining balance shall be available for future spending
against eligible products and services. If a purchase exceeds the redeemer’s gift voucher balance,
the remaining amount must be paid with another accepted payment method.
1.8.2 Gift vouchers are not valid against the purchase of more gift vouchers and gift vouchers
cannot be exchanged for cash. Please also note that gift vouchers are non-refundable and
non-transferable. The gift voucher is not a cheque guarantee, credit, debit or charge card.
1.8.3 Purchases made by gift voucher remain subject to our terms of sale as with any other
purchase. If you have to return goods purchased using gift vouchers, in most instances we will
issue you with a new gift voucher.
1.8.4 We cannot be held liable for lost or stolen vouchers – please protect them as you would
cash.

1.9 PHOTOS

1.9.1 We hire photographers to regularly take photos of our customers whilst they are experiencing
any of the services offered by us at our premises. For more information on how we may use such
photographs, please see our Privacy Policy. More information about the photographs can be found
here. If you do not wish to be photographed, please inform a member of our team as soon as
possible.
1.9.2 We, or the photographer, retain ownership of all intellectual property rights in the
photographs taken at our premises.

1.9.3 Photographs may be purchased. Where you have purchased a photograph, you will be provided a
download link, through which you may download the photograph in a digital format. This link will
remain active for a period of 30 days from the date on which you purchased the photograph, after
which the download link will expire.
1.9.4 Where you purchase a photograph of yourself, we will grant you a non-exclusive, revocable
licence to make any reasonable use of that photograph as you may wish, including the uploading of
that photograph to your social media profile or printing the photograph into a physical format. You
will not be permitted to make any use of the photograph which may tarnish our reputation, the
reputation of any of our sponsors or suppliers, or the reputation of another rider.
1.9.5 Our use of photographs. We may also choose to use images resulting from the photography and
any reproductions or adaptions of the images for fundraising purposes or publicity purposes. This
may include using them in our printed and online publicity, social media, press releases and
funding applications.
1.9.6 You may take your own photographs or videos on our premises but you must be confident that
you are not causing a hazard to other riders when stopping to film or take photographs. We reserve
the right to ask you to cease photographing or filming at any point for any reason.

2. ORDER ACCEPTANCE

2.1 Your order is accepted once payment is taken and you receive your confirmation email from us
containing a unique booking / order / reference number, to the email address provided. Email
confirmation may be needed as proof of booking to gain access to the trails. If we cannot accept
your order for any reason, we will let you know and payment will not be taken.
2.2 You must provide us with the information we request from you to enable us to identify you,
complete your order and deliver it to you. If you cannot provide this to us, we will not be able to
process your order. All personal data you provide to us in connection with your order will be
processed by us in accordance with our Privacy Policy and as necessary to enable us to perform our
contract for goods or services (as applicable) with you.
2.3 Where you have booked to visit us to use the Bike Park, your visit is for the date and time
booked and specified on the confirmation email. Your order is personal to you and your contract is
with us. You must not transfer your booking (for free or otherwise) to anyone else without our
permission.

3. PAYMENT

3.1 You must pay for all goods and services online, up front in full including group bookings and
private coaching sessions.
3.2 Trespassing. The site is open but the features are closed for safety reasons and to prevent
wear and tear / damage to features outside of operating times. Anyone found trying to use the site
without paying shall be liable for a £100 charge. This is to compensate us for potential lost
revenue, damage to the Bike Park, cover our reasonable administrative costs and to act as a
reasonable and fair deterrent to non- payers.

4. CHANGES TO YOUR ORDER

IF YOU HAVE TO CANCEL OR CHANGE YOUR BOOKING – PLEASE MAKE SURE YOU ARE AWARE
OF THESE TERMS BEFORE YOU BOOK. We are a small team and can be inundated with late cancellation
requests (hence the tough policy) so please understand any emails, texts or phone calls for credits
and refunds will not be acknowledged within the 2 days before your booked session and it could take
several days afterwards to catch up. Please don’t be offended or angry if you don’t get a reply.

4.1 If you need to change your order for goods after purchase please contact us as soon as
possible but well in advance of your session and we will discuss options with you. Changes may not
be possible, or free of charge.

5. BIKE PARK CLOSURE and TEMPORARY CLOSURE OF SECTIONS

5.1 If the forecast is for bad weather and you feel you need to cancel, while the Bike Park is
still open and in operation we cannot refund or transfer your booking. If you book a day at the
Bike Park during the autumn and winter you have to accept the weather will be unpredictable.

5.2 The Bike Park is used for Day / Multi Day Coached Sessions. We reserve the right to
temporarily close sections of the park where necessary to facilitate safe and focussed coaching
sessions with clients. We endeavour to keep closures as short as possible. Refunds are not given
where and when sections are temporarily closed. IF appropriate and possible we may at our
discretion extend customers sessions to allow them to use the temporarily closed area.
5.3 We may, from time to time, need to close the Bike Park. This may be for circumstances beyond
our control (such as bad weather) or for routine or emergency checks, repairs or maintenance. Where
this happens and it may affect your visit, we will notify you as soon as possible in advance and
offer you the option to re-arrange your booking free of charge to another date to suit you within 6
months (subject to availability). Alternatively, you may request a full refund from us. Please
check Social Media (Facebook) BEFORE travelling to the Park to avoid inconvenience and wasted time
and travel costs. We will try to update this the night before or first thing in the morning.
However, the weather can deteriorate quickly and we may not be able to give much warning of a
closure. We are not liable for any lost costs you have incurred in closing the bike park.

6. CANCELLATION AND REFUNDS

6.1 Customers should always take out Cancellation and Curtailment Insurance in advance of
bookings.
6.2 Cancellations of booked sessions more than 3 months from the start date will be subject to
75% refund. If you cancel between 3 months and 6 weeks of the course start date you will subject to
a 50% refund. If you cancel between 6 weeks and 2 weeks before the start date you will not be
entitled to a refund but can transfer the booking. Cancellation within 2 weeks (14 Days) will
result in no refund OR transfer of the booking.
6.3 No refund is given for Membership passes once the membership has commenced. No refund or
transfer of booking is provided for Sessions, Coached Sessions or Guiding within 14 days of the
booked date and time. Refunds will not be given if you arrive on the day with an unsuitable or
poorly maintained bike, your bike fails during a session or due to personal injury, nor will
refunds be given due to changes in personal plan, your circumstances, weather, late arrival or if
you are expelled from the Bike Park.

6.4 CANCELLATIONS BY SENDER SPORTS LTD

In the event of cancellation of any booking by Sender Sports Ltd, participants will be offered one
of the following:
• Full refund of the fee paid
• Transfer to any other date within 1 year if available.
6.5 If forced to cancel or curtail a booking due to strike, riots, acts of war or terrorism,
natural disaster, disease epidemic or “acts of god”, we accept no liability for return of fees paid
prior to the cancellation or curtailment.

7. YOUR CANCELLATION RIGHTS

7.1 To cancel your order, or otherwise request a refund, you can do so by contacting us by email
at scott@performancemountainsports.com You will need your details and order reference number to do
this.
7.2 Refunds will be made to you via the method of payment used on purchase, within 14 days of the
date the refund is accepted by us.
7.3 Where you receive your goods and they are either faulty, not as described, damaged or you no
longer wish to keep them, you must notify us within 14 days of receipt and re-arrange for the goods
to be returned to us (which may be at your cost) at the address set out in the form enclosed with
the goods.
7.4 Unless the items have been used and/or are not in a suitable condition on return, a full
refund will then be issued to you in accordance with clause 7.3, or you can request a replacement
at no additional charge or delivery fee. You are advised to retain proof of postage in case goods
are lost in transit.
7.5 Cancellation rights set out in clause 7.4 do not apply to goods that have been bought
on-site, customised or personalised in any way. In those circumstances, you are only entitled to
cancel our contract if there is clearly a problem with the product on delivery, and you must let us
know promptly on discovery and, in any event, prior to use.
7.6 We may need to change any goods you order if necessary to comply with relevant laws. Where
this happens, we will let you know and if the change is substantial, you may be entitled to cancel
your order (in which case, you will receive a full refund paid in accordance with clause 7.3).

8. DELIVERY OF GOODS

8.1 Physical goods ordered from our online shop will be delivered to the address provided to us
at the time of order. You are responsible for the goods on delivery and you must inspect them as
soon as possible and let us know if there are any issues.
8.2 If a product is in stock, your products will usually be dispatched within 3 working days. You
should get in touch if you are expecting or require a faster service. This may cost more in
shipping charges or not be possible due to the Highland location of our shop.
8.4 If you are not available to accept delivery on the relevant date, our courier will leave
instructions for re-delivery or collection. If you do not arrange for re-delivery or collection, we
will contact you and may need to charge for a further delivery or our costs of continued storage of
the item (in which case, we will notify you).
8.5 If any order does not arrive by the expected date, please contact us. Where we deliver the
order late, you may be entitled to a part-refund or discount or credit against future orders at our
discretion in each case, depending on the circumstances.

9. OUR LIABILITY TO YOU

9.1 Where you cancel your order for goods or services, either because the goods arrive either
faulty or not as described, or you simply wish to exercise your cancellation rights under clause 7,
our maximum liability to you is to refund the amount that you paid in full in accordance with
clause
9.2 It is your responsibility to check the status of the Bike Park on the day of your visit on
our website or social media profiles. Where we have to cancel or postpone your visit, your
cancellation rights are as set out in clause 7 only, and we are not liable to you for any
additional costs, wasted expenditure or consequential losses that you may incur in connection with
that cancellation or postponement (such as wasted or additional travel costs you may have
incurred).
9.3 You are responsible for all equipment and personal property (including your bike, helmet,
clothing and other accessories) that you bring onto our site. You acknowledge that the nature of
these services are not risk free and may naturally result in damage to your property, including
where your bikes get damaged in transit to a riding location. We are not responsible for damage to
any of your personal property on our site or whilst under guidance on trails or in the mountains
unless it is caused by us either deliberately or negligently. It always remains your responsibility
to ensure that your bikes are loaded correctly into vans and trailers and protected to your
satisfaction.
9.4 Where your personal property is damaged by us, and we accept liability for the same, our
maximum liability to you is £50, in aggregate (but may be less, depending on the damage) and we may
also offer you a refund of any services paid at our discretion, depending on the nature and cause
of the damage.
9.5 Goods and services are provided to you on a consumer basis, for individual, domestic and
private use only. They are not for business users and we are not liable for any loss of profit,
loss of business, business interruption, or loss of business opportunities that you may incur at
any time.
9.6 Where your personal property is lost on site please let us know. Where we can locate it we
will store it for up to 30 days, after which time it may be destroyed or discarded. We are not
responsible for locating your lost property nor for any losses associated with any lost property.
9.7 We take no responsibility for any items left unattended at our premises and strongly advise
against bringing valuables with you.
9.8 Medical conditions & requirements. If you or any member of your group is suffering from any
medical condition, illness or injury which may affect your or their ability to safely participate
in the booked activity, we recommend that you obtain professional or specialist medical advice
prior to booking and you must let us know in advance. As per NHS guidance we recommend you consult
your midwife before riding whilst pregnant and take additional care. If you are unsure or wish to
discuss any specific requirements which will enable you to participate safely, we are happy to
discuss this with you and make adjustments where possible. We cannot be responsible for any
injuries you incur in connection with pre-existing medical conditions, and your insurance may also
not cover you for this.
9.9 Nothing in these terms excludes or limits our liability to you in any way that cannot be
excluded or limited by applicable laws.

10. GENERAL TERMS

10.1 Helmets are mandatory whilst riding a bike at all times within the bike park, If you do not
wear a helmet whilst riding, you will be asked to forfeit your rider pass and you will not be
refunded. Ensure that your helmet meets standard EN1078 as a minimum, is less thank three years
old, is in good shape and properly adjusted; we highly recommend the use of full face protection
helmets with higher levels of

protection such as ASTFM F1952-DH. Gloves, eye protection and body armour are also highly
recommended.
10.2 Staff representations. Anything said to you by a sales person or member of our staff on our
behalf should not be understood as a variation of any of these terms, nor as a representation about
the nature and quality of the products and services we offer.
10.3 Safety. For the safety of our team and guests, we reserve the right to ask anyone to leave
our premises if we suspect a guest is under the influence of drink or drugs. Additionally,
irresponsible behaviour, endangering other riders, being abusive to other riders, or causing
general disharmony will result in a permanent exclusion from our premises. We want to ensure our
park maintains a friendly reputation and therefore we have a zero-tolerance policy on abuse
directed at our team members or other riders under any circumstances. This includes abuse or
threats made in person or online on social media platforms. Should we have concerns relating to any
such abuse, we will not hesitate to inform the police and pursue legal action in all instances. We
will also permanently exclude the individual from our premises, without refund. Please see our:

BIKE PARK CODE OF CONDUCT and GUIDANCE NOTES

10.4 We may transfer our rights and obligations under these terms to a third party (such as where
we undergo a corporate takeover, merger or acquisition). Where this happens, we will notify you.
10.5 Each of these terms operates separately. If any court or relevant authority decides that any
of them are unlawful, the remaining terms will remain in full force and effect
10.6 If we delay in enforcing our rights under these terms at any time, this does not mean we
have waived our rights to do so and we may take steps against you at a later date, if necessary.

These terms are governed by Scottish law but you can bring legal proceedings against us in
any UK courts depending on where in the UK you live.

Sender Bike Park – Performance Mountain Sports are Trading names of Sender Sports Ltd.

Sender Sports Ltd, Company number SC747933, Registered address: 30 Seafield Place
Aviemore PH221RZ Email: scott@performancemountainsports.com Tel: 07719 309214