Terms & Conditions
Flyup Ltd reserves the right to change its Terms and Conditions at any time.
Waiver Terms and Conditions
This Assumption of Risk, Waiver of Liability, and Indemnification Agreement (“Agreement”) is dated as of the Effective Date, which is the last date identified below, between Flyup Limited trading as Flyup 417 Bike Park and by the undersigned in its own capacity (“Adult Participant”), and, if minor (“Child Participant”) is named in the signature block on the booking form, on behalf of and, as parent or legal guardian for Child Participant (collectively “Participant”), to and for the benefit of the Protected Parties (as defined below). As valid consideration for entry into the premises and participation in the activities (as defined below) with the Flyup 417 Bike Park, including any of those activities that may occur in, about, or from the premises located at Crickley Hill Farm (the “premises) or any other premises run by Fyup Ltd wherever located, the undersigned agree as follows:
1. Nature of Activities. The Flyup 417 Bike Park is a Mountain Bike Facility, which offers customers the opportunity to participate in a number of biking related activities. It is important that the participants know that these activities are active and vigorous and consequently, involve some risks of injury that are inherent to the activity. Even though Flyup Ltd has developed rules and policies that focus on safety IT IS IMPOSSIBLE TO ELIMINATE ALL RISK AND POSSIBLITY OF INJURY.
2. Types of Risks. Some of the activities available at the Flyup 417 Bike Park include, but are not limited to, Downhill tracks, 4X, Outdoor Dirt Jumps, Indoor Dirt Jumps, Indoor Pump track, Dual Slalom. There are inherent risks in participating in the activities.
3. Types of Injuries. Flyup Ltd feels that it is important that the participants understand the three types of injuries that can occur. First is the common minor injury. This type includes, but is not limited to, muscle strains and sprains, bruises, abrasions and contusions. The second type of injury is serious injury. Example of serious injuries are broken bones, ligament and joint injuries, concussions and eye injury. These are rare but do occasionally occur. The third type of injury is catastrophic injury. Some examples of catastrophic injury are brain injury, paralysis, heart attack and death. Even though the likelihood of such an injury is very remote, we feel that the participants should be aware of all possibilities.
4. Assumption of Risks. I, the adult participant, on behalf of myself or as the parent and/or legal guardian of the child participant, if applicable, have read and understood the above paragraphs and this agreement in their entirety, acknowledge that the activities contain inherent risks which vary with the activity, understand the demands of the activities relative to participant’s physical condition and skill level, and I, the adult participant, on behalf of myself and as the parent and/or legal guardian of the child participant, if applicable, appreciate the types of injuries that may occur as a result of the activities and their potential impact on our safety, wellbeing, and lifestyle. Adult participant hereby asserts that my participation is voluntary and that participant assumes all inherent risk with the activities. I agree that I will follow the Flyup 417 Bike Park Rules at all times. I agree to check my bike and equipment as per the Mountain Bike Checklist at the start of the day, before each run and after any crash. I understand that I must wear a helmet always whilst using the facilities and that a full-face helmet, body armor and gloves are highly recommended.
5. Release of Claims. TO THE FULLEST EXTENT PERMITTED BY LAW, PARTICIPANT (AND ON BEHALF OF HIS OR HER HEIRS, EXECUTORS AND REPRESENTATIVES) HEREBY RELEASES FLYUP LTD, AND THEIR DIRECTORS, SHAREHOLDERS, MANAGERS, EMPLOYEES, CONTRACTORS, INSURERS OF ALL OF THEM (COLLECTIVELY, THE “PROTECTED PARTIES”) FROM AND AGAINST ALL LIABLITIES, LOSSES, DAMAGES, CLAIMS, DEMANDS, ACTIONS, SUITS, COSTS, FEES, AND EXPENSES (INCLUDING REASONABLE SOLICITORS’S FEES AND COURT OR OTHER COSTS) RELATING TO , RESULTING FROM, OR ARISING OUT OF OR ALLEGED TO HAVE ARISEN OUT OF (IN WHOLE OR IN PART) ANY BODILY INJURY TO OR DEATH OF PARTICIPANT OR DAMAGE TO OR LOSS OF PARTICIPANT’S PROPERTY (A) DURING OR RELATING TO PARTICIPANT’S PARTICIPAITON, WHETHER ACTIVELY OR PASSIVELY, IN ANY BIKING RELATED ACTIVIITES, USE OF ANY EQUIPMENT, HIRE EQUIPMENT, INSTRUCITON, TRAINING, CLASSES, OBERSERVATION, USE OF ANY PORTION OF THE PREMISES, INCLUDING, BUT NOT LIMITED TO, THE PARKING AREA, AND ANY COMPETITION, EVENT, OR PROGRAM SPONSORED BY OR AFFILIATED WITH THE PROTECTED PARTIES (COLLECTIVELY “ACTIVITIES”), (B) OCCURRING IN AND/OR ABOUT THE PREMISES (INCLUDING THE PREMISES) WHERE ANY OF THE ACTIVITIES ARE TAKING PLACE, CONDUCTED, OR PERFORMED BY PARTICIPANT OR ANYONE ELSE, OR IN TRANSPORTATION TO AND FROM ANY OF TH ACTIVITIES, (C) RESULTING FROM DAMAGE TO, LOSS OF, OR THEFT OF PERSONAL PROPERTY OF PARTICIPANT AND/OR (D) THE RIGHT TO SUE THE PROTECTED PARTIES FOR ANY LOSS SUFFERED BY PARTICIPANT, PARTICIPANT’S HEIRS, EXECUTORS, FAMILY, PARENTS, AND/OR GUARDIANS. THE RELEASE CONTAINED IN THIS PARAGRAPH WILL
APPLY EVEN IF ANY SUCH INJURY OR DAMAGE IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR STRICT LIABILITY OF THE PROTECTED PARTIES OR PARTICIPANT BUT WILL NOT APPLY TO THE EXTENT ANY SUCH INJURY OR DAMAGE IS CAUSED BY THE WILLFUL MISCONDUCT OF THE PROTECTED PARTIES.
6. Indemnity. ADULT PARTICIPATION (ON HIS/HER BEHALF, ON BEHALF OF CHILD PARTICIPANT, IF ANY, AND ON BEHALF OF EACH SUCH PARTICIPANT.S HEIRS, EXECUTORS AND REPRESENTATIVES) AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE PROTECTED PARTIES FROM AND AGAINST ALL CLAIMS, ACTIONS, SUITS, LOSSES, LIABILITIES, DAMAGES, FINES, PENALTIES, LIENS, JUDEMENTS, SETTLEMENTS, PROCEEDINGS, COSTS, FEES, AND EXPENSES (INCLUDING REASONABLE SOLICITOR’S FEES AND COURT OR OTHER COSTS) OF ANY NATURE WHATSOEVER FOR OR RELATING TO DEATH, BODILY INJURY OR PROPERTY DAMAGE RESULTING FROM, RELATING TO, OR CAUSED BY (WHETHER IN WHOLE OR IN PART) ANY OF THE FOLLOWIGN MATTERS (WHICH NECESSARILY INCLUDE ALL CLAIMS THAT DO OR MAY BELONG TO THE CHILD PARTICIPANT); (I) PARTICIPANT’S ACTS, OMISSIONS OR PRESENCE ON OR ABOUT ANY PART OF THE PREMISES OR OTHER PREMISES WHERE ACTIVITIES ARE TAKING PLACE, CONDUCTED, OR PERFORMED BY PARTICIPANT OR ANYONE ELSE, (II) PARTICIPANT’S ACTIVE OR PASSIVE PARTICIPATION IN, OR OBSERVANCE OF, ANY OF THE ACTIVITIES; AND (III) PARTICIPANT’S USE OF ANY FIXTURES, EQUIPMENT ORPERSONAL PROPERTY IN, ON OR ABOUT PREMISES OR OTHER PREMISES WHERE ACTIVITIES ARE TAKING PLACE, CONDUCTED, OR PERFORMED BY PARTICIPANT OR ANYONE ELSE. THE INDEMNITY CONTAINED IN THIS PARAGRAPH WILL APPLY EVEN IF ANY SUCH INJURY OR DAMAGE IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR STRICT LIABILITY OF THE PROTECTED PARTIES OR PARTICIPANT, BUT WILL NOT APPLY TO THE EXTENT ANY SUCH INJURY OR DAMAGE IS CAUSED BY THE WILLFUL MISCONDUCT OF THE PROTECTED PARTIES.
7. Dispute Resolution/Waiver of Jury Trial. In the event, any dispute arises under this Agreement and/or from participant’s use of the premises or participation in the activities, the participant shall engage in good faith efforts to mediate a settlement prior to filing a demand for arbitration. Should the dispute not be resolved by mediation, Flyup Ltd and the participant agree that all disputes, controversies, or claims arising out of the participant’s use of the premises or participation in the activities shall be submitted to binding arbitration before and in accordance with the United Kingdom Law then in effect. PARTICIPANT ALSO WAIVES ALL RIGHT TO TRIAL BY JURY OF ANY CLAIMS ARISING FROM USE OF THE PREMISES OR PARTICIPATION IN THE ACTIVITIES.
8. Acknowledgments by Participant. Participant makes the following acknowledgments on behalf of the Adult Participant and Child Participant and acknowledges that the Participant would not be granted access to the premises or the ability to participate in the activities but for these acknowledgments: • The Child Participant and Adult Participant possess a sufficient level of skill and physical fitness for safe participation in the activities. Participant also agrees to attempt only activities that participant feels he/she can perform safely. Further, participant agrees to stay in the areas that will not place participant in undue danger. • Neither Adult Participant nor the Child Participant has any health problems that would not allow them to participate in the activities. • Flyup Ltd recommends the participant receive medical clearance from participant’s doctor prior to participation in the activities. • Flyup Ltd may administer to participant emergency aid, CPR, and use an AED (defibrillator) when deemed necessary by Flyup Ltd. • It is the participant’s duty to inform Flyup Ltd staff and cease participation in the activities if participant should feel any unusual discomfort (e.g. faintness, shortness of breath, high anxiety, chest pains). • Flyup Ltd may terminate my participation when it determines me to be incapable of safely participating in the activities. • Participant agrees to obey all safety rules which participating at Flyup Ltd and alert the staff to any rules violations or dangerous behavior of other co- ‐participants.
9. Authority. As the parent or legal guardian of the Child Participant, the undersigned represents to the Protected Parties that he/she has legal capacity and authority to act for and on behalf of the child participant, and further agrees to INDEMNIFY AND DEFEND the Protected Parties from and against all claims or liabilities resulting from or relating to any insufficiency of the undersigned’s legal capacity or authority to act for or on behalf of the child participant in the execution of this Agreement.
10. Miscellaneous Terms. Capitalised terms shall have the meaning set forth herein. This agreement constitutes the entire agreement between the Protected Parties and the Participant, supersedes all previous oral or written promises or agreements, and may only be modified in writing. The participant further expressly agrees that this Agreement is intended to be as broad and inclusive as is permitted by the laws of the United Kingdom and that if any portion thereof is held invalid. It is agreed that only the substantive laws of the United Kingdom shall apply.
11. Acknowledgments and Understanding. Participant represents to the Protected Parties that he/she thoroughly understands that this is a complete and final release and indemnity agreements, that he/she is voluntarily entering into this agreement, and that no representations, promises, or statements, if any, made by and of the Protected Parties has influenced participant in causing him/her to sign this agreement. Participant further agrees that there are no oral agreements, representations, promises or warranties that are not expressly set forth in this agreement and that he/she is not relying on any statements or representations of the Protected Parties that are not expressly contained herein. Lastly, participant acknowledges that it has read this agreement in it entirety, fully understands its terms, and understands that he/she is giving up substantial rights herein, including my right to sue. Participant acknowledges that he/she is signing this agreement freely and voluntarily, and intends by participant’s signature, to completely and unconditional release the Protected Parties from all liability due to ordinary negligence and the inherent risks of the activities to the greatest extent permitted by the laws of the United Kingdom.
When you book your visit to the Flyup 417 Bike Park by phone or via the website you are required to agree to our terms and conditions. We know it’s boring but it’s important that before you book you know exactly what you are agreeing to. If you have booked on behalf of others you are also agreeing that you have made them aware of the terms and conditions.
Regardless if you are a regular or a newbie these are the rules so please kindly respect them! Rude or aggressive behavior because we stick by these will not be tolerated! We are normally 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 uplift or on your uplift day – please don’t be offended or be angry if you don’t get a reply.
I confirm that within the last 14 days I/any minors that I am signing on behalf
* Have not been infected or shown symptoms of Covid-19
* Nobody in my household has been infected or shown symptoms of Covid-19
* I understand that my details will be kept on file and if needed be passed onto Government organisations to help track and trace preventing the spread of Covid 19
In the event of a rider becoming ill with COVID 19 symptoms before your visit we will require you do not come to the Bike Park under any circumstances. If, when the rider is tested for COVID 19 and the test is positive, a full credit will be issued with no fees. If the test is negative, the rider will not be required to isolate further and can return to the bike park as soon as well enough. In the instance of a negative COVID 19 cancellation fees will be charged as per our normal T&C's
IF YOU HAVE TO CANCEL OR CHANGE YOUR BOOKING
To try and be as fair as we can to our customers we give you the opportunity to transfer your booking/credit note/voucher to another date free of charge up to 8 days before your uplift day.
In the 8 days before your booking and up to 2 full days before your booking it can be changed to another date or you can have a credit to use another time and will be subject to a £10 per rider admin charge.
Within the 2-day period before your booking we are unable to transfer any bookings to another date or do a refund. Your booking will be subject to full cancellation charges. PLEASE BE AWARE OF THIS WHEN YOU BOOK! There are no exceptions to this rule!\
We are always happy to do a name change free of charge for you right up until the morning of your booking.If the forecast is for bad weather and you feel you need to cancel, while the trails and uplift are still open and in operation we cannot refund or transfer your booking. If you book a day at the Bike Park in the winter you have to accept the weather will be unpredictable!
COVID 19 CANCELLATIONS
In the event of a rider becoming ill with COVID 19 symptoms we will require you do not come to the Bike Park under any circumstances. If, when the rider is tested for COVID 19 and the test is positive, a full credit will be issued with no fees. If the test is negative, the rider will not be required to isolate further and can return to the bike park as soon as well enough. In the instance of a negative COVID 19 cancellation fees will be charged as per our normal T&C's
IF WE HAVE TO CANCEL YOUR BOOKING
Sometimes things we cannot control like the extreme weather conditions or for operational reasons will give us reason to cancel at short notice. During the winter months if the roads are too dangerous to drive on due to snow/ice or we have high winds then we will have to cancel due to safety implications. We will not cancel the uplift for rain.
We will try and give you as much notice as possible and will transfer your booking to another date (no refunds will be allowed). Flyup will take no financial responsibility for any other costs incurred for these cancellations (for example travel costs/accommodation costs). We will try and give you as much notice as possible and will give you an open credit note to use another time. If the weather causes the uplift to close during the day we will assess any credit owed for under 9 uplift runs – over 10 runs is considered a full day and no credit or refund will be issued. Although the uplift might stop running the trails are still open for you to use.
It is important that the contact number and email address left when booking are the correct details to get hold of you should we need to cancel. Please check your emails and texts before you set off. We would also ask that the names of all riders are put on the booking form correctly, If we need to issue credit notes then these will only be valid for the names on the booking.
Please do note rain does not affect our service and we will not cancel for these conditions – this is an all year round sport; do not expect the British weather to always be on your side.
Flyup Ltd reserve the right to change its Terms and Conditions at any time.
Due to Covid 19 all customers are required to adhere to all social distancing measures put in place by the goverment. All customers are ultimatly responsible for following the guidances whilst using the facilities.
Flyup 417 Bike Park Rules!
- Always have your mobile phone with you and make sure it is fully charged.
- Stay in control at all times. It is your responsibility to avoid crashing into other riders and objects around you!
- Be respectful and aware of other riders varying skill levels, we all had to start somewhere.
- Do not stop where you obstruct the trail or are not visible to other riders.
- When entering a trail, you must always check that the trails are clear and give way to other riders coming down the trail.
- Respect the trail grading’s, read the grading descriptions, start on the easy trails and do not ride any disciplines at the 417 that are beyond your current level of ability.
- If a rider is hurt, do not move them; notify the Flyup 417 staff immediately. Call 999 immediately if someone is seriously injured and unconscious .
- Keep off closed trails and obey all signs and warnings.
- Stay on marked trails only. Anyone found altering or creating seperate trails will be asked to leave the 417 and banned for life.
- The 417 is privately owned. Any riders found riding when the facility is when closed or withou paying if open will be prosecuted for trespassing and Flyup reserve the right to ban riders from the park for life.
- Do not push or ride up downhill trails.
- Do Not Litter! Please take your litter home with you or place into a bin provided.
- NO SMOKING ANYWHERE ON THE LAND, INSIDE BUILDINGS, OR UPLIFT BUSES. SMOKING IS ONLY PERMITTED IN THE DESIGNATED AREA
- You are not welcome at the 417 if you are under the influence of drugs or alcohol. You must not use any of the facilities if under the influence of drugs or alcohol
- Rude or aggressive behavior will not be tolerated. Anyone acting in a rude or aggressive manner will be banned for life from the 417.
- We allow riders over 13 to be left on site unsupervised. They must be signed in by an adult who accepts they will be unsupervised. Anyone under the age of 13 years of age must be accompanied and supervised by an adult (over 18) at all times (excluding coaching sessions)
Before riding always inspect your equipment or have it checked by a qualified bike mechanic.
- Helmets are mandatory, ensure that your helmet is in good shape and properly adjusted; we recommend the use of full face protection helmets. Gloves and body armour are highly recommended.
- Inspect bike frame for cracks, damaged or dented areas.
- Check your brakes
- Front and rear axles (quick release or bolt through) should be tight.
- Headset and stem must be secure with no looseness or play.
- Check that your tyres are in good condition, with plenty of tread and no cuts or abrasions in the sidewall and that rims show no cracks or signs of weakness and all spokes are tight and intact.
- Handlebar and handlebar grips must be tight and unable to spin.
- Seat and seatpost need to be fastened securely.