EQUIPMENT HIRE, SECURITY DEPOSIT & DAMAGE LIABILITY POLICY

Issued by MTB Detour Pty Ltd (ACN 693 200 289)

Version 1.2 — Effective 1 January 2026

1. Purpose

1.1 This Equipment Hire, Security Deposit & Damage Liability Policy (“Policy”) sets out the terms governing the hire, supply, use, care, security, return, and financial responsibility associated with equipment provided by MTB Detour Pty Ltd (“MTB Detour”).

1.2 This Policy allocates responsibility for hired assets, protects participant safety, and enables MTB Detour to manage and recover reasonable costs arising from damage, loss, delay, or unavailability of equipment.

1.3 This Policy forms part of, and must be read in conjunction with, MTB Detour’s Terms & Conditions and other published policies.

2. Scope

2.1 This Policy applies to all participants who hire, borrow, or use equipment supplied by MTB Detour, including:

(a) mountain bikes and e-bikes;

(b) helmets and protective equipment;

(c) accessories, components, and safety equipment;

(d) any other assets supplied for activities, tours, coaching sessions, or events.

2.2 This Policy applies to adults, minors, and guardians, and to activities conducted in Australia or overseas.

3. Definitions

3.1 Equipment means any asset supplied by MTB Detour for use by a participant.

3.2 Damage means any breakage, malfunction, deterioration, or impairment beyond normal wear and tear.

3.3 Normal Wear & Tear means minor cosmetic marks that do not affect safety or function.

3.4 Replacement Value has the meaning set out in clause 6.4.

3.5 Security Deposit includes any bond, pre-authorisation, or other financial security held by MTB Detour.

3.6 Guardian means the parent or legal guardian responsible for a minor participant.

4. Condition and Supply of Equipment

4.1 MTB Detour will take reasonable steps to ensure that equipment supplied is safe, serviceable, regularly maintained, inspected prior to hire, and suitable for the intended activity.

4.2 Equipment may show cosmetic wear consistent with responsible use.

5. Participant Responsibilities

5.1 Participants must:

(a) inspect equipment prior to use;

(b) immediately report any defect or concern;

(c) use equipment only for its intended purpose;

(d) follow all instructions provided by MTB Detour staff;

(e) not modify or repair equipment without authorisation;

(f) take reasonable care to prevent damage, loss, or theft;

(g) secure equipment when not in use;

(h) return equipment in substantially the same condition as supplied, allowing for normal wear and tear.

5.2 Equipment must not be used while under the influence of alcohol, drugs, or any substance that may impair judgement or physical ability.

6. Damage, Loss & Replacement Liability

6.1 Participants are financially responsible for Damage occurring during the hire period, except where Damage results solely from normal wear and tear.

6.2 Chargeable Damage includes, but is not limited to:

(a) crashes or impacts;

(b) misuse or negligence;

(c) failure to follow instructions;

(d) riding beyond stated ability or conditions;

(e) water damage or submersion;

(f) negligent transport or storage;

(g) unauthorised repairs or modifications.

6.3 Participants are responsible for loss or theft of equipment, including where equipment is left unattended or unsecured.

6.4 Replacement Value

Where equipment is lost, stolen, or damaged beyond economical repair, the participant may be liable for the Replacement Value of the equipment.

Replacement Value means the reasonable cost incurred by MTB Detour to restore its position, including:

(a) manufacturer or supplier replacement cost;

(b) freight, import, or customs charges (if applicable);

(c) labour for build, setup, and tuning;

(d) applicable taxes;

(e) reasonable administrative costs.

7. E-Bike Specific Conditions

7.1 Additional obligations apply to e-bikes and battery-powered equipment.

7.2 Participants must comply with instructions regarding charging, storage, transport, and operation.

7.3 Participants are liable for damage to motors, controllers, batteries, or electrical systems caused by misuse, water ingress, or negligent operation.

8. Security Deposits, Late Returns & Charges

8.1 MTB Detour may require a security deposit, credit card pre-authorisation, or other financial security prior to the release of equipment.

8.2 Security deposits may be applied toward repair, replacement, cleaning, recovery, late return charges, or other amounts payable under this Policy.

8.3 Late Return Fees

Where equipment is not returned at the agreed time and location, MTB Detour may apply an additional hire charge calculated as:

(a) a pro-rata daily hire rate; or

(b) a reasonable percentage of the original hire fee,

applied per day or part thereof until the equipment is returned or deemed lost.

8.4 Failure to Return Equipment

Where equipment is not returned within a reasonable period after the agreed return time, MTB Detour may treat the equipment as lost and apply Replacement Value in accordance with clause 6.4.

8.5 Loss of Hire Opportunity

Where equipment is damaged, lost, or returned late such that it cannot be supplied for subsequent confirmed bookings, MTB Detour may recover reasonable loss of hire fees directly attributable to the unavailability of that equipment.

Any such charge will:

(a) relate only to the specific equipment hired;

(b) be limited to the period of unavailability;

(c) be calculated using the standard hire rate applicable at the time; and

(d) be reasonable and proportionate.

9. Equipment Recovery After Evacuation

9.1 If a participant is evacuated due to injury or other circumstances, equipment recovery may incur additional costs.

9.2 Participants may be charged reasonable recovery, transport, or labour costs associated with retrieving equipment.

10. Minors

10.1 Guardians accept full responsibility and liability for any damage, loss, late return, or charges arising from a minor’s use of equipment.

11. Assessment & Authority

11.1 MTB Detour may inspect equipment at any time and determine, acting reasonably and in good faith, whether repair or replacement is required.

11.2 Security deposits may be retained until inspections are completed.

12. Liability & Recoverable Costs

12.1 To the extent permitted by law, MTB Detour is not liable for remote, speculative, or purely consequential losses, including loss of profit or general business opportunity.

12.2 For clarity, nothing in this Policy prevents MTB Detour from recovering direct and reasonably foreseeable costs arising from damage, loss, late return, or unavailability of equipment, including (without limitation):

(a) travel, freight, or transport costs;

(b) accommodation or logistics deposits;

(c) third-party supplier or service provider fees;

(d) recovery, relocation, or rescheduling expenses.

12.3 Nothing in this Policy excludes, restricts, or modifies rights under the Australian Consumer Law.

13. Jurisdiction

13.1 This Policy is governed by the laws of Queensland, Australia.

13.2 Local laws apply where activities are conducted outside Queensland.

14. Acceptance

“By hiring or using Equipment supplied by MTB Detour Pty Ltd (ACN 693 200 289), I confirm that I have read, understood, and agree to the Equipment Hire, Security Deposit & Damage Liability Policy and accept financial responsibility for any loss, damage, or misuse.”