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Terms and Conditions

DISCLAIMER: The information, opinions, thoughts, and views expressed in the content created by The Mind Mountain and the Grit With Wisdom Podcast and its host Jake Johnstone, including the guests they interview, are solely their own and do not reflect the official policy or position of any other organization, person, or company mentioned or featured in the podcast. The content is intended solely for general entertainment purposes only and is not intended as recommendations or advice.  The Mind Mountain and the Grit With Wisdom Podcast and its host Jake Johnstone, recommend that all Mountain Bikers seek skills training in the form of coaching with a PMBI or BICP-qualified coach, to the appropriate level for their skillset, goals, and the terrain they wish to ride. The content provided by the hosts and guests is based on their personal experience and opinion and is not intended to harm, discriminate or offend any individual, company, organization, ethnicity, religion, or any other individual or group. 

THE MIND MOUNTAIN, THE GRIT WITH WISDOM PODCAST, AND ITS AUTHORS ASSUME NO RESPONSIBILITY OR LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF THE USE, REFERENCE TO, RELIANCE ON, OR INABILITY TO USE THE PODCAST OR THE INFORMATION PROVIDED IN THE PODCAST, ON SOCIAL MEDIA SITES OR ON OUR WEBSITE. THE LISTENERS OF THE PODCAST, AND READERS OF OUR SOCIAL MEDIA POSTS, BLOG POSTS, AND ANY OTHER MEDIA ACKNOWLEDGE AND ACCEPT THAT THEY ARE SOLELY RESPONSIBLE FOR THEIR OWN ACTIONS, SAFETY, AND WELL-BEING WHEN ENGAGING IN ANY ACTIVITY RELATED TO MOUNTAIN BIKING OR ANY OTHER ACTIVITY MENTIONED.




WAIVER AGREEMENT:

Every person must sign our waiver once a year in order to participate in any courses or lessons offered by "The Mind Mountain". This is mandatory and will remain valid for the calendar year during which the service is provided. A new waiver must be signed each year, even for returning clients.

COURSE/LESSON CANCELLATION POLICY:

It is your responsibility to make time for the coaching sessions included in the course or lesson package you have booked. If you miss a session, we will make an effort to provide you with the missed information in the next session, but no refunds or credits will be given.

Our courses and lessons are limited to a certain number of participants per month to provide an optimal, interactive experience for all clients. As a result, 20% of the total amount paid is non-refundable. Please note that your place in the course or lesson will not be secured until payment is received.
 

Due to the finalization of business and marketing costs, administration, and other arrangements for all courses and lessons, there is a strict 14-day cancellation policy in effect. 
 

  • Cancellations made within 7 days of the course/lesson start date will not be refunded.

  • Cancellations made within 14 days of the course/lesson start date entitle you to a 50% refund of the total amount paid, with the remaining balance forfeited.

  • Cancellations made with 14 or more days notice will entitle you to an 80% refund of the total amount paid, with the remaining balance forfeited.
     

WEATHER POLICY:

"The Mind Mountain" reserves the right to reschedule any program due to UNSAFE inclement weather, at our sole discretion. If rescheduling is not possible or if you are unable to attend the rescheduled date, no refund or store credit will be issued.

Please note: we live and ride in a rainforest environment, therefore riding in significant rain events is deemed ‘normal’ and provisions are made to ensure this is safe and enjoyable. It is your responsibility to dress and ride appropriately for the conditions.
 

COURSE MINIMUM PARTICIPANT RATIO

Due to our efforts to keep our courses and group lessons costs effective for customers, we have a minimum sign-up policy of 3 participants. If we do not reach 3 or more participants for each course, we have the right to reschedule or cancel the course. Upon our cancellation, those participants already signed up will be offered a credit or refund equal to the value paid.
 

LESSON PACKAGE COMPLETION POLICY:

All lessons and lesson packages must be completed during the calendar year in which they were booked. If due to unforeseen circumstances such as injury or illness, they cannot be completed, a store credit may be requested to be applied to the same product for the next season at "The Mind Mountain's" discretion. This credit must only be used during the following calendar year and a new waiver must be signed. Lesson pricing is subject to change.
 

BOOKING MODIFICATION POLICY:

  • Changes requested to the course or lesson date, time, or participant require "The Mind Mountain's" prior approval and are subject to a $35 administration fee. 
     

COVID-19 POLICY:

In response to the COVID-19 pandemic, we have implemented new safety procedures and protocols to fulfill our responsibilities to you, our staff, and the community as a whole. These procedures have been approved by Work Safe BC and local land managers and allow us to operate. We ask that you comply with our physical distancing and hygiene requests to ensure a safe experience in our programs.

Please review and discuss with your child the importance of:

  • Maintaining a 2-meter distance from other participants.

  • Not sharing food or water.

Avoiding touching other people's bikes and belongings.

Do not attend if you or your child feel ill or have COVID-19 symptoms, no matter how minor.

  • Please note that booking cancellations or changes due to illness are subject to our COURSE/LESSON CANCELLATION POLICY and BOOKING MODIFICATION POLICY

GENERAL WEBSITE TERMS AND CONDITIONS

This website is owned and operated by The Mind Mountain which is a division of JD Johnstone Consulting Ltd. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors information that is meant for general entertainment purposes only, and the ability to book Mountain Biking courses and lessons. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

COMMERCIAL TERMS

When buying an item, course, or lesson, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

TAXES
Unless otherwise indicated, all prices listed on our website are in Canadian Dollars. All prices are subject to an additional 5% Federal Goods and Services Tax (GST) which will be applied to your booking at checkout. We accept cash, email transfer, and credit card for payment.

RETENTION OF RIGHT TO CHANGE OFFERING

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

 

OWNERSHIP OF INTELLECTUAL PROPERTY, COPYRIGHTS, AND LOGOS

The Service and all materials therein or transferred thereby, including, without limitation, course itineraries, lesson plans, practice plans, software, images, videos, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of The Mind Mountain. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

 

RIGHT TO SUSPEND OR CANCEL USER ACCOUNT

We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination, you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment

 

INDEMNIFICATION

You agree to indemnify and hold The Mind Mountain, its owners, and all employees harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees), made against them by any third party due to or arising out of, or in connection with your use of the website or any of the services offered on the website.

 

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, The Minf Mountain assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

 

RIGHT TO CHANGE AND MODIFY TERMS

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

PROMOTIONAL EMAILS AND CONTENT

You agree to receive from time to time promotional messages and materials from us, by mail, email, or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time. 

 

LOCAL LAWS AND REGULATIONS

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under, and enforced in all respects solely and exclusively in accordance with the internal substantive laws of British Columbia, Canada, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in BC. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

 

For any questions or concerns regarding this website, our services, or these terms and conditions please contact jake@themindmountain.com.


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