Ride Participant Liability Acknowledgment

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

(a)          being in agreement with this Muggaccinos' Ride Participants Liability Acknowledgment unless you "speak up" at a Nosh Stop to enunciate any clause(s) therein that you disagree with;

(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, pursuant to Clause (xviii) below,  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):

              (a)     probability that the Harm Sufferable would occur if care were not taken,

              (b)     likely seriousness of the Harm Sufferable,

              (c)     burden of taking precautions to avoid the risk of Harm Sufferable,

              (d)     social utility of the activity that creates the risk of Harm Sufferable.

 

(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 RisksI choose to ride with Muggaccinos voluntarily and I am responsible for my own safety whilst participating on any Muggs' ride.

Ride Participant must provide written evidence of accepting a Ride Invitation:

(ix)         I accept that -

 

              (a)       each weekly Bullsheet details a Ride Invitation provided by the Ride Organiser (Inviter) that invites readers to join the upcoming Muggaccinos' on-road bicycle ride, predicated upon notifying other Ride Participants at a Nosh Stop if they disagree with any clause/s in this 'Ride Participant Liability Acknowledgment' which to date has obviated the need to sign the Inviter's former Ride Sign On Sheet, particularly as no Ride Participant has ever voiced any disquiet at any clause therein; and

              (b)       should I come to a decision to participate in the upcoming ride as a Ride Participant (Invitee) that, out of courtesy to the Inviter and other Acceptor Ride Participants, and an Invitee's obligations pursuant to the Civil Liabilities and Personal Responsibility Act (NSW) 2002, that I will inform the Ride Organiser (Inviter) by email by 5pm two days prior to the ride (usually 5pm Friday); and

              (c)       should I forget to inform the Ride Organiser pursuant to sub-clause (b) above, I am entitled to 'One Strike a Month', provided on any other Muggs' listed rides that I participate in during the same month, that I email the Inviter in the manner prescribed in sub-clause (b) above; and

              (e)       should I suffer 'Three Strikes' in any bi-month, I will desist cycling on Muggs' bicycle rides, because -

                         *        an Early Onset Dementia  Ride Participant is a trauma risk to other Ride Participants, the Ride Organiser, other cyclists, motorists, even a single mother pushing a pram with the usual occupant; and

                         *        the Inviter 'owes a Duty of Care' to all Ride Participants 'et al'; and

              (f)        should I exhibit the symptoms of Early Onset Dementia, or should I not own a PC or a 'smart phone', or if I own one or both, but I have forgotten how to use any/both of them,  albeit a temporary memory lapse, or my short term memory is becoming more unreliable, or other reasons not limited to some of these pretexts, and I attend at the ride start without having accepted the Ride Invitation in the manner prescribed in sub-clause (b) above, that I will execute, prior to commencing the ride, the Inviter's Ride Sign On Sheet which will be crumpled in the Ride Organiser's saddle pack, by neatly -
1.   printing my 'First Name'; and
2.   printing my 'Surname';
3.   marking the Ride Day's Date; and
4.   inscribe my Signature,
with a crayon provided by the
Ride Organiser; and

              (g)       should I nominate my intention to join the ride in the manner prescribed in sub-clause (b) above, but subsequently decide not to attend the ride because of adverse weather, or whatever, I will inform the Ride Organiser (within reasonable time) by email, SMS or 'phone call to that effect, because if the weather is threatening on the morning of the ride listed in the pertinent Bullsheet, or, as it so happens, on some occasions on the day prior to the ride, the Ride Organiser will make efforts to 'phone other Ride Acceptors to ascertain their thoughts about cancelling the listed on-road bicycle ride.

              If an Invitee 'has form' or does not want his Muggs' "sobriquet" listed under 'WHO, WHEN, WHERE' as a Ride Acceptor in the pertinent Bullsheet for any other undisclosed reason, then I will inform the Ride Organiser to that effect; maybe your partner does not know that you are ducking out to participate in a Recreational Activity which involves Three Types of Risks of Harm Sufferable as evidenced by recent fatalities on Kissing Point Rd, Turramurra in 2013 and Mona Vale Rd, St. Ives in 2017 or the shocking injuries suffered by -
*         Philip Y_ng at the 2016 PBP - consequential high evacuation and hospital costs in Paris; or
*         Scott aka PatternMaker on the M2 at Sparrow Fart in 2016 - GPS established Scott was unconscious for over 60 min;
*         Matt aka MotorMan on Old Northern Rd on 30 April 17, whereupon Matt finished the ride in an ambulance and has no recollection of his trauma fall,
 which have presently ended their cycling days. 

             One stratagem to counter short term memory loss is that the 'Fat Paper' is delivered on Saturdays, whence the weekly Muggs ride is just 'one more sleep away'.  And if you haven't notified the Ride Organiser (Inviter) by email that you are an 'Acceptor' in the timespan prescribed in sub-clause (b), and those new fangled toys are a bit too much or you are too busy doing urgent important stuff, then ask one of your children to email BankTeller and c.c. you.  If they are too busy also, ask one of their children to email BankTeller for you, but make sure that s/he c.c's. you, so the Ride Organiser has a chronicled record that you are an Acceptor. 

             Another method is to watch You Tube to learn how to set up a 'recurring weekly reminder' in MS Outlook Calendar - Step 2.

             NB:    If you are notifying the Inviter on behalf of another reader/s of the pertinent Bullsheet, in the manner prescribed in sub-clause (b), you must c.c. that other rider/s when you email the Ride Organiser.  Otherwise, he/she/they will need to also email their acceptance of the Ride Invitation in accordance with sub-clause (b) above in order to not incur a 'Strike'.

If any Ride Participant is unable to comprehend any of the above sub-clauses, please email the Inviter and list the particular sub-clause/s that s/he finds 'un-comprehendible', as the Inviter is keen to assist both Ride Participants, and the Ride Organiser defer/deter Early Onset Dementia and continue cycling with Muggs.

Ride Participant accepts Liability unless the Ride Organiser is grossly negligent or willfully misconducts himself

(x)          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:

 

 

 (xi)         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 give as much warning time as possible to enable a rider immediately ahead to give me more clearance when passing him/her by calling-out LOUDLY  -
*     "Passing on your right"
to warn an up-coming
Ride Participant, if I am passing closer than 1 metres on their RHS; or
*     "Passing on your inside" or "Passing on your left" if I need to pass an upcoming rider on their LHS

(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.

(xii)        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.

(xiii)       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.

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

Competent cycling ability:

(xv)        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.

(xvi)       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 will 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 trauma bingle in the past, where the tarmac always wins.

(xvii)       I am aware that climbing steep, long hills might strain my motor.  Big Artie ended his days on 'terra firm' after suffering a heart attack while cycling his 'trusty treadley' at Paradise Point on the Gold Coast.

3rd party public liability insurance coverage:

(xviii)      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.  About 40% of home insurance policies provide public liability cover beyond the boundaries of the residence.  It is worth checking with your insurer.  It takes a 'phone call only, unless you are too busy.

Personal injury insurance coverage:

(xix)        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

(xx)        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.

 

                        

 

 __________________________________________________________________________________________