Terms and Conditions

2) Membership

A) Membership Plans available

This section is a summary for understanding our membership plan options:

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Annual Membership

Full access to the Workshop, Events, Rides and Activities for 1 year. Payment terms include:

• Paid in advance, auto-renewing.

• Paid in monthly instalments.

• Paid in fortnightly instalments.

 

30-day Pass

Full access for 30 consecutive days to the Workshop. Payment terms include:

• Paid in advance.

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Social Membership

Access to the Workshop Lounge, Events, Rides and Activities for 1 year. No access to the tools or equipment. Payment terms include:

• Paid in advance, auto-renewing.

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*Note: Storage is available for purchase as outlined below.

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B) Fit to Work and Participate

1. You must not undertake work or participate in activities:

   1. unless you reasonably believe, based on reasonable grounds known to you, that you are fit and able to undertake the work or activity;

   2. that is contrary to advice given to you from a doctor, Allied Health, any medical professional or from advisory papers supplied with any medicines you are taking; or

   3. whilst you are carrying an injury or have reasonable grounds to suspect you are carrying an injury.

2. If you are suffering from any injury or illness and wish to undertake limited work or participate in an activity, you must notify an owner before commencing any work or activity and sign a disclaimer in favour of us in respect of any damage or injury you might suffer from exacerbating, complicating or suffering a consequential injury.

3. You agree to use our Workshop, products and services with due care and reasonable skill and on the condition that if you have any difficulty using any equipment, you will cease using that equipment unless and until you have notified Staff and been given guidance on the use of that equipment and you have been given approval by Staff to continue using that equipment.

4. Should you injure yourself or get hurt while utilising our Workshop, facilities, products and/or services, you will immediately cease work and notify Staff. It is a condition of entry into and use of the Workshop that you must take full responsibility for your actions, to work and participate in activities within your strength and skills and that you indemnify us against any costs, losses or damages we may suffer in relation to your actions or injury whilst attending the Workshop.

5. You agree not to operate any vehicles, machines, tools, equipment, or carry out work while under the influence or impaired by any drugs or alcohol.

6. Any incident where anyone is transported or referred to hospital, or involving damage to property belonging to a member or us, must be reported to us as soon as reasonably possible.

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C) Minimum age

1. A person must be 18 years or older to become a Member.

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D) Commencement

1. Your Membership commences immediately upon payment of the membership fee. Note that equipment use is prohibited until Induction has been completed.

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E) Induction

1. As a condition of this Agreement, you must participate in a scheduled Induction before commencing any work or using equipment within the Workshop.

2. The induction focuses on various aspects of the Workshop and Membership, including but not limited to layout, access, amenities, safety guidelines, waste disposal and participation in activities.

3. Membership may be suspended or this Agreement terminated in the event of unsatisfactory completion of the Induction before the commencement of work.

4. You acknowledge and represent to us that you will seek assistance from Staff before using unfamiliar equipment.

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F) Cooling-off Period

1. Your membership is subject to a 7-business days cooling-off period.

2. The cooling-off period applies to new memberships only and does not apply to membership transfers or renewals.

3. The cooling-off period starts from the date the Membership commences and ends at the close of 7 business days later.

4. Your membership can be cancelled during the cooling-off period by contacting us via the contact details listed on the website.

5. All monies paid will be refunded except a reasonable administration fee, which shall be payable by you if your access pass or any other merchandise you received on joining is not returned within 7 days of termination of your Agreement.

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G) Pausing membership

1. You can suspend your Membership at any time on the following terms:

   1. providing no notice of cancellation has been provided;

   2. for a minimum period of 4 weeks, up to a maximum of 12 weeks each calendar year; and

   3. all Membership Fees must be paid up to date at the time of your notice of suspension.

2. During any suspension made in accordance with this Agreement, the Fixed Term is extended for the length of the suspension. You are not able to cancel your Membership during a suspension.

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H) Cancellation

1. If your Membership Plan is an “Annual Membership - Prepaid” or “Social Membership”, then you may cancel this Agreement at any time, however:

   1. you must give a minimum of 28 days notice (in advance) of your intention to cancel by contacting Us via the contact details listed on the website; and

   2. you are not entitled to a refund of any Membership Fees paid, unless cancelled by Us; and

   3. no cancellation fees apply.

2. If your Membership Plan is an “Annual Membership - Monthly” or “Annual Membership - Fortnightly”, then you may cancel this Agreement at any time, however:

   1. you must give a minimum of 28 days notice (in advance) of your intention to cancel by contacting Us via the contact details listed on the website; and

   2. you are not entitled to a refund of any Membership Fees paid, unless cancelled by Us; and

   3. a Cancellation Fee will be applied which is equal to the value of the remaining Membership Plan Fixed Term.

3. If your Membership Plan is a "30-day Pass", then you may cancel this Agreement at any time, however:

   1. you must give a minimum of 1 days notice (in advance) of your intention to cancel ahead of the Fixed Term by contacting Us via the contact details listed on the website; and

   2. you are not entitled to a refund of any Membership Fees paid, unless cancelled by Us; and

   3. no cancellation fees apply.

4. You are not entitled to cancel your Membership or receive a pro-rata refund for any unforeseen closures for a period of up to and including four (4) weeks.

5. If we cancel your Membership, we will provide a pro-rata refund of the Membership Fee for the remaining Fixed Term. We will not refund a pro-rata amount for the past Fixed Term.

6. If you cannot utilise the Membership Plan because of a long-term illness or physical incapacity, you should contact us, as Cancellation Fees may be waived at the Owners' discretion.

 

3) Storage

A) Storage available

This section constitutes a summary for understanding our storage options:

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On-site Motorcycle Storage:

A dedicated motorcycle space and 1 storage locker, located within the Workshop. Ideal for frequent and flexible access. Payment terms include:

• Paid month-by-month, paid in advance, auto-renewing.

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Off-site Motorcycle Storage:

Motorcycle storage at our off-site facility, with limited access requiring advanced notice. Ideal for long-term storage. Payment terms include:

• Paid month-by-month, paid in advance, auto-renewing.

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Overnight Storage:

Only available at the discretion of staff, storage provided overnight to prevent members from riding in unsafe circumstances.

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B) Your space

1. Subject to the following clause, you may store Your Goods in Your Space, during the Minimum Storage Period and after then, on a month-to-month basis until terminated in accordance with this Agreement.

2. Events may occur, or operational circumstances may lead us to conclude that moving Your Goods to a new space is necessary. If we believe this is the case, we may, at any time, relocate Your Space by giving notice to You, but:

   1. We will if possible relocate you to a space with a similar area; and

   2. we will pay the costs to relocate Your Goods to the new space.

3. Emergencies may occur, requiring us to take certain actions to respond to the emergency, which may include opening and/or moving Your Goods and/or Your Space. If we do so in the event of an emergency, we may determine it needs to be done without notice to you. You will be advised of any emergency action taken.

4. Spaces are not licenced by the square metre and Storage Fees are not based on the square metre measurements. We can provide information on space sizes to assist You, but ultimately, You are responsible for determining whether the Space is appropriate and suitable for storing Your Goods, specifically considering the size, nature and condition of the Space and Your Goods.

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C) Risk and responsibility for your goods

1. At all times (including while Your Goods are in Your Space) Your Goods are:

   1. in Your (and not our) possession and control and you are responsible for them. We are merely providing a space for you to store Your Goods that can be secured by You.

   2. within Your (and not our) knowledge. Whilst we have rights under this Agreement to access and inspect Your Space or deal with Your Goods in certain circumstances, we otherwise never inventory Your Goods and don’t know what You are storing.

   3. at Your risk. Unless we exercise a right under this Agreement, the use of Your Space, storage of Your Goods and securing of Your Space is Your responsibility and as such the risk relating to them is Yours. You acknowledge and accept that the provisions of this clause are fair and reasonable given Your possession and control over Your Goods.

2. As You have possession of and control over Your Goods and You are responsible for securing Your Space, You acknowledge and agree that we are not a bailee or warehouseman of Your Goods nor do we have possession of Your Goods at any time. You also warrant that You are either the owner of or control the goods and/or are entitled at law to deal with them in accordance with all aspects of this Agreement.

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D) Your obligations

1. You must only use Your Space for storage and no other business or activity.

2. You are solely responsible for securing Your Space and must do so in a manner reasonably satisfactory to us, and where applicable, You must ensure You comply with any other security policies or procedures for the workshop.

3. To prevent harm or damage, Your Goods must not include anything which is hazardous, illegal, stolen, inflammable (excluding alcoholic beverages), explosive, environmentally harmful, perishable or which, in our reasonable opinion, may cause harm to any person, property or the environment. You must ensure Your Goods are free of food scraps (or other perishable substances) and are not damp when placed into storage.

4. You must clean and maintain Your Space in good condition, order and repair (fair wear and tear excepted). If you fail to do this, we may do so at Your cost after we have issued You with a notice to rectify and You have failed to do so.

5. You must not carry out any alterations to or mark, paint, nail, drill, alter or damage or attach any structure to any part of Your Space without our prior written consent.

6. You must immediately notify us of any damage You or any person authorised by You (including at your request, direction, or as facilitated by You, including by the provision of access) cause to the workshop or Your Space, and You are responsible for such damage and must reimburse us on demand for the cost of making good the damage.

7. You must, at your cost, comply with all laws applying to Your Goods or the storage of Your Goods in Your Space, or the use of Your Space.

8. You agree that it is Your responsibility to secure Your Space, and we provide You with a Space that is capable of being so secured. Whilst we have installed various security measures for the security of the overall area, we are not guaranteeing the workshop is a secure facility. You understand and accept You are storing Your Goods at the workshop at Your sole risk and that it is Your responsibility to secure Your Space. As such, we are not responsible for any unauthorised entry by any person to the workshop or Your Space.

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E) Abandoned Goods

1. If at any time You fail to pay any amount due or Your Goods are not removed when required under this Agreement we will provide a written notice, requiring you to remedy that failure within 28 days.

2. If you do not respond to our written notice or do not remedy a failure within 28 days, Your Goods will be taken to be “Abandoned Goods” for the purposes of this clause. In the event that You have more than one Space, default on either space authorises us to take default action against all of Your Spaces.

3. In the event that Your Goods become Abandoned Goods for the purposes of this Agreement, You acknowledge that it is not reasonable for Your Goods to remain in Your Space and that we will, by necessity, need to deal with them.

4. Accordingly, You agree:

   1. we may, without being obliged to do so, arrange;

      1. the disposal of (which may include the dumping of);

      2. alternative storage of; or

      3. sell of, any or all of Your Abandoned Goods, on such terms as we decides are reasonable;

   2. You acknowledge that we will incur costs (both internal and external) in having to deal with the Abandoned Goods and that it is fair for You to, and You agree to pay the costs of and indemnify us for all costs, expenses, damages, claims, action or liability whatever arising from or in connection with us exercising our rights under paragraph a;

   3. After the sale of Your Abandoned Goods, we will pay You within 28 days the amount received from the sale of Your Abandoned Goods, less any amounts You owe.

5. We claim, and You grant, a contractual lien over Your Goods if any money is owed under the Agreement.

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F) Cancellation

1. You may cancel this Agreement at any time, however:

   1. you must give a minimum of 28 days notice (in advance) of your intention to cancel by contacting us via the contact details listed on the website; and

   2. you are not entitled to a refund of any Storage Fees paid, unless cancelled by us; and

   3. no cancellation fees apply.

2. If we cancel your Storage, we will provide a pro-rata refund of the Storage Fee for the remaining Fixed Term. We will not refund a pro-rata amount for the past Storage Fees.

 

4) Payment

A) Payment requirements

1. You agree that it is your responsibility to have sufficient credit in the nominated account/s so that payment is made to us on time and in full when the payment is processed.

2. If your Automatic Payment fails for any reason whatsoever, we may attempt to re-draw the amount you owe us at a later date. 

3. We accept no liability to you for drawing funds to meet liabilities under this Agreement, including without limit, any additional charges imposed by your financial institution due to insufficient funds or credit in your nominated account/s.

4. If you terminate the Agreement or stop the automatic payment arrangement in a manner not described in the Agreement, then you may be liable to us for any unpaid fees or fees incurred by us.

5. If there are repeated failures to meet your payment obligations (other than through our fault or our payment provider), without prejudicing our rights to recover any overdue payments, your membership may be suspended or terminated by written notice to you.

6. All entitlements and entry into the workshop may be revoked if your account is in arrears and you fail to resolve the debt after being provided reasonable notice.

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B) Auto-renewals

1. The following Membership Plans and Storage will automatically renew at the start of each payment cycle:

   1. Annual Membership - Prepaid Membership Plan

   2. Social Membership

   3. On-site Motorcycle Storage

   4. Off-site Motorcycle Storage

2. You will be automatically charged via your selected credit, debit or charge card at the start of each payment cycle for recurring charges.

 

5) Ride and event participation

1. Having accepted that riding a motorcycle can be dangerous, you take responsibility for agreeing to participate in any motorcycle-related activities organised by us or other members and hereby waive the right to prosecute us in the event of an accident on public or private property.

2. You agree to be responsible for your own riding, safety equipment, vehicle and all insurances and hereby waive us of any liability in relation to your riding experiences on any activities inspired or organized by any Staff or Members.

3. If you observe an accident, you must safely stop to assist and notify staff or emergency services. If you are unsure about any of the above, please ask.

4. You must immediately update Your contact details or those of any Emergency Contact Person in the Online Portal or by notifying us. You acknowledge that this is important as it is necessary for us to have current emergency contact details.

5. You can not be under the influence of alcohol or any other intoxicating substances during participation. That includes any medication of any kind that could impair your riding ability. The consumption of alcohol and/or any other intoxicating substances before and during the riding times is strictly prohibited.

 

6) Workshop Use & Access

A) Tools & Equipment

1. You understand and acknowledge that Machine Alley:

   1. purchases or leases the equipment from a third party, and therefore does not manufacture any of the tools or equipment used in the Workshop; and

   2. that Machine Alley is providing a tool & equipment, and facilities hire service and may not be held liable for defective products, tools, or equipment.

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B) Contractors & Staff

1. Staff may provide advice, assistance, goodwill, or supervision; however, as the workshop is a ‘Do-it-yourself’ (DIY) facility, You are responsible for the correct operation, procedures, and processes for the work You or staff are carrying out on Your Goods.

2. Irrelevant to a contractor being recommended by us:

   1. Any service provided by a 3rd party or contractor; is a contract between them and you, and we are not liable for a breach of contractor or negligence. You will need to pay fees directly to them and we are not responsible for those fees or for any associated costs of refunds.

   2. If you make a claim because of something a contractor has or has not done, your claim should be brought against the provider and not us.

3. You release us from any claim resulting from any act or omission by a contractor or staff.

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C) Access

1. Your Membership entitles you to access to and use of the workshop in accordance with this Agreement and the entitlements of your Membership Plan during the advertised opening times, which may change from time to time at our discretion. To gain entry into the workshop:

   1. you may require a valid access pass or Member ID and present it for admission;

   2. your Membership must be current and not suspended or cancelled, and

   3. you must not have any outstanding Membership Fees.

2. Entry to the workshop is subject to availability, and we reserve the right to refuse entry to any Member if it would result in the workshop exceeding any patron limits set for the venue by any government or regulatory authority.

3. We (and our Staff) have the discretion to refuse entry to any Member at any time if, in our reasonable opinion, the Member has not or will not comply with this Agreement or the Workshop Rules, or the refusal is necessary for the safety, comfort or orderly operation of the workshop for other Members, guests and Staff.

4. If your access pass is lost, stolen or otherwise missing, then you must report that to us as soon as practical after learning of the fact.

5. No Member is permitted to bring or allow a non-member into the workshop without Staff permission or during any period when there are no Staff present or hours when the workshop is not formally open. If you breach this clause then:

   1. you accept responsibility and liability for any injury, loss or damage attributed to the non-member;

   2. we may cancel your Membership.

6. Access will be refused or you may be requested to leave if:

   1. You are using abusive or threatening language or behaving in a threatening way; or

   2. You are under the influence of drugs or alcohol; or

   3. you instruct other members when we have not authorised you to do so; or

   4. You behave in another way that is considered by Us to be risky or seriously inappropriate.

7. You may access the workshop during the access hours (which can be found on the website) or as otherwise notified by us from time to time (“Access Hours”). It is necessary for us to be able to determine when the workshop will and will not be accessible for various reasons, including security, costs, safety and other business reasons. As such, You acknowledge and agree that we may change the access hours at our discretion and that it is reasonable for us to do so.

8. You may invite guests into the workshop, and you accept responsibility and liability for any injury, loss or damage attributed to them.

9. Your guest cannot bring their motorcycle or personal equipment into the workshop.

10. Guests under the age of 18 must be accompanied by a parent or guardian at all times in the Workshop, and you accept responsibility and liability for any injury, loss or damage attributed to them.

11. We may (without being obliged to do so) refuse You or any other person access to the workshop or Your Space (including after this Agreement has been terminated) if:

    1. You have not complied with any of Your obligations under this Agreement; or

    2. You or any other person do not produce identification and/or evidence satisfactory to the staff to show You or the other person are entitled to access.

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D) Video and Audio Surveillance

1. For security purposes, we use video and audio surveillance equipment to monitor the Workshop on a 24-hour basis.

2. By accepting this Agreement, you acknowledge that by using the workshop you will be subject to video and audio surveillance and recording.

3. Video and audio surveillance is limited to the floor area only and is not within the walls of the bathrooms.

4. You agree that in circumstances where we reasonably suspect a breach of the law or potential for damage to the workshop or other property, without notice to You, we may use video and audio footage that evidences a breach of the Agreement or the law to take any action authorised under this Agreement, including terminating this Agreement and/or cooperating with law enforcement agencies and other authorities without notice to You.

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E) Media

1. By entering the Workshop or participating in our activities, you consent to your voice, name and/or likeness being used, without compensation, in films or photography for use in any and all media, including but not limited to print, television, and online, for advertising or promotional purposes, whether now known or hereafter devised, for eternity; and

2. you release us, assign and licensees from any liability whatsoever of any nature.

3. If you request, we may, at our own discretion and if convenient, remove photography or films containing your likeness.

 

7) Liability, release and indemnity

A) Release and Indemnity

1. You hereby release and indemnify us, our respective officers, affiliates, agents, Staff, employees, contractors, and other participants, with respect to any and all injury, disability, death or loss or damage to person or property, whether arising from our negligence or otherwise, that may arise out of or in connection with your use any of the equipment or the workshop provided by us, your participation in any activity, or any incident that occurs while using the workshop or participating in activity.

2. To the extent permitted by law, we hereby exclude any liability to you for any injury, loss or damage to you or your property sustained by you or any other person for any costs, charges and expenses incurred by you arising from or in connection with this Agreement and/or the services provided by us and including any act or omission by us.

3. You expressly agree that this release is intended to be as broad and inclusive as permitted by law. If any part of this Agreement is void, unenforceable or illegal in a jurisdiction, it is severed for that jurisdiction. You acknowledge that the remainder of this Agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected.

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B) Liability

1. To the extent that your actions or omissions in relation to Your use of the workshop or Your failure to comply with this Agreement cause any damage, expense, loss, liability (“Loss”) to us or any other party, you agree and acknowledge that You are liable for such Loss and that we may recover such Loss incurred by it from You.

2. We are not liable to you for any personal property that is damaged, lost, or stolen while in or around the Workshop including, but not limited to, a vehicle or its contents or any property left in the Workshop.

3. If you cause damage to the Workshop, equipment, tools, parts, or any vehicles you are liable to us for its cost of repair or replacement.

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C) Assistance to Regulators, Agencies or Court Order

1. You acknowledge that we may be required by the operation of law (including the common law, statute or the rules of a securities exchange), or court order to discuss, assist an investigation or action, or provide information relating to You or Your use of Your Space or Your Goods (this may include the provision of copies of or lists of items You have in Your Space, this Agreement or other documents or records relating to Your Space, Your Goods or use of Your Space and any other matters contemplated by this sub-clause) to a regulator, statutory agency, court, government department or other entity duly authorised by law to make such a request. You further acknowledge and agree that any such assistance that we provide pursuant to this clause is reasonable and that we may provide such assistance and is released and indemnified by You for any liability, expense, claim or loss incurred by You or any other person, that may arise as a result of the provision of such assistance.

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D) Acknowledgements and assumptions of risk

1. You understand and acknowledge that:

   1. during such times that you frequent the workshop or participate in an activity, that you are doing so at your own risk;

   2. the risk of injury from using equipment in a workshop or participating in activities is significant, and may include permanent paralysis or death and you knowingly and freely assume all such risks;

2. We warn that whilst you are on our premises using our Workshop or member events, you are at risk of suffering physical harm or personal injury including broken bones, soft tissue injuries, joint injuries, permanent disability or death. These injuries may occur from you:

   1. Slips, trips, or falls;

   2. being struck by moving objects;

   3. colliding with equipment, or other Members;

   4. engaging in strenuous activities; or

   5. incorrect use of equipment or Workshop,

3. You acknowledge that any such injury may result not only from your actions but from the action, omission or negligence of others.

4. You acknowledge and agree that the above-mentioned injuries and potential causes of injuries are not exhaustive, and there are other unknown or anticipated risks that may result in injury, illness or death.

5. You acknowledge that whilst every attempt is made to ensure that member events and facilities provided by us are safe, there are some significant and inherent risks involved, and you agree that you are participating voluntarily at your own risk and responsibility, thereby exposing yourself to certain risks.

 

8) This Agreement

A) Changes

1. We will use reasonable endeavours to advise you of any material changes to this agreement, including by publishing the changes on the Website.

2. We reserve the right at all times to vary this agreement and the Workshop Rules, in any way, including by:

   1. Changing the workshop

   2. Changing the way the workshop or other facilities are operated, including contracting any third party to provide such facilities or any goods or services;

   3. Varying the hours of operation

   4. Varying the offering, including changing equipment offered by us;

   5. Varying the layout, location or other aspects of the workshop including the types of facilities that are available and the times during which they are available; and

3. If we close the workshops for more than four (4) weeks, or amend this Agreement or the Rules in a way that deprives you substantially of the intended use of a Membership, you will have the option of cancelling your Membership and requesting a pro-rata refund of Membership Fee for the remaining Fixed Term.

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B) Entire Agreement

But for any additional agreement for training, storage or product purchases you may have entered into, this agreement constitutes the entire agreement between you and us regarding your Membership and Storage, and its subject matter and supersedes all previous agreements, understandings and negotiations on that subject matter.