Terms of Service
Last updated: April 30, 2020
Cycle Dynamics provides both general sports and musculoskeletal physiotherapy and cycling-specific physiotherapy services (‘our Services’) as a means of assisting recovery, injury prevention and the achievement of sporting performance goals. Our cycling-specific physiotherapy services include bike fitting services, exercise programs and training advice. Bike fitting services include setting you up on your existing bicycle, and/or providing recommendations for bicycle components or new stock or custom-made bicycles to assist in achieving the desired cycling comfort, injury prevention, injury management and/or performance outcomes.
When you book a consultation online or come to your consultation at our physiotherapy practice, we require you to read and understand these terms and conditions (“Terms”).
We do not require a referral from your Doctor or medical practitioner for a general sports and musculoskeletal physiotherapy or cycling physiotherapy consultations, unless such services are to be provided under Medicare, Work Cover or a Motor Accident Insurance claim.
Payment in full is required at the end of each consultation unless a prior agreement has been made.
If a third party is to fund all or part of your physiotherapy management with us, written confirmation to this effect and any applicable documentation must be provided in order for us to bill them directly. Until such documentation is received by Cycle Dynamics you agree to pay all fees. In the event that a third party denies payment, you will be responsible for settling the account with us directly.
Our current fee schedule is available here.
Billing of non-fixed price (hourly rate) services
Where a consultation fee is noted as being billed on an hourly rate, the final fee will be calculated using our standard rate at the time of confirmation of your booking. Upon request, we will provide an estimate for the time and cost involved in providing the service. Estimated fees are not binding and any cap we may place on these is contingent on you being as complete and accurate as can reasonably be expected with information requested. You may request additional work to be performed during your consultation but this will be subject to time availability and may result in additional cost.
In the event unforeseeable issues outside of our control that interfere with our capacity to provide the service within the estimated time arise, we will inform you whether the problem is within our capacity to address. If so then to the extent possible under the circumstance, we will estimate the additional time/costs that may need to be charged so that you may make a decision as to whether you would like to proceed. Should we be unable to rectify the issue in order to allow the original service to proceed then we will only bill for the time up to the point at which we began attempting to address the problem. Likewise, should we determine that outside services are required to address the issue then we will only bill for the time used until that point (stated minimum fees apply).
Cancellation / Non-Attendance Fees
Late cancellations and failure to attend without notice negatively impacts Cycle Dynamics’ ability to operate as a business and denies appointment times to others who may have been able to attend. Cycle Dynamics therefore reserves the right to charge a fee for late cancellations and for failure to attend without notice, this being equal to 50% of the consultation fee. Where the consultation involved is subject to time-based billing (i.e. hourly rate), the stated minimum fee will apply. Unless quoted otherwise in writing, the minimum fee will be that listed for the relevant service on our website at the time of booking.
To avoid these fees, please provide notice of your intent to cancel or reschedule by 5pm the day prior for morning appointments and by 7am on the day for afternoon/evening appointments. Where possible, we would appreciate more notice than this (ideally >48hrs) so that we may have a better chance of filling your cancelled appointment slot.
By making an appointment you agree to pay any cancellation or non-attendance fees as detailed above and acknowledge that failure to pay may result in debt recovery action being taken. If extenuating circumstances are present then we may elect to waive the fees at our discretion.
Please note that third party payers (insurers, Medicare etc.) are not responsible for late cancellation and non-attendance fees.
In the event that you arrive late to your consultation, you may receive a shorter consultation due to other bookings on our waiting list. You will still be charged the full consultation fee if you arrive late, or if you miss the consultation as we have blocked this time period for you.
General Sports and Musculoskeletal Physiotherapy Appointments
At your consultation we will conduct a patient interview to gather necessary information and then conduct assessments relevant to your injury or condition. On the basis of your history and examination, individualised management strategies will be developed then implemented in consultation with you. Physiotherapy management may include (but is not limited to) the application of manual therapy techniques, provision of advice and education, taping and the prescription of therapeutic and strengthening exercises. Where clinically necessary we may also refer for imaging and/or to other health/medical practitioners.
During the course of your physiotherapy management we may also recommend and supply physiotherapy related items such as exercise equipment, strapping tape and pre-fabricated foot orthoses (“our physiotherapy equipment range”). The cost of items from our physiotherapy equipment range is not included in the price of your general consultation.
Note that general Sports and Musculoskeletal Physiotherapy appointments may be provided under the business name Ben Ward Sports and Musculoskeletal Physiotherapy. Cycle Dynamics and Ben Ward Sports and Musculoskeletal Physiotherapy are different trading names for the same business entity.
Cycling-Specific Physiotherapy (Cycling Analysis and Bike Fitting) Appointments
Initial consultations will commence with a patient interview as per general sports and musculoskeletal physiotherapy appointments, during which we will also gather information relating to your cycling history and goals. We will then conduct a physical examination, including assessment of any injuries that may be present, and then conduct an analysis of your cycling position, posture and technique on your bicycle, either mounted on a stationary trainer or outdoors, or on our adjustable fitting bike.
On the basis of the above assessment we will discuss with you our recommendations for optimising your cycling comfort and performance as well as to address any cycling-related problems that may be present. This may include making adjustments to your existing bicycle (which may require installation of new bicycle components where we hold them in our bicycle equipment range or as supplied by you) or recommendations for the purchase of a new bicycle. We may also provide recommendations and advice relating to your cycling posture, technique and training program, and the purchase of cycling equipment. Where necessary we may also refer you to bike mechanics for servicing and may also prescribe an exercise program for injury management and prevention, or general strength and conditioning. For patients wishing to engage a frame builder to build them a custom bicycle, we may also liaise with the frame builder to assist in achieving a particular outcome for you.
Subsequent consultations will generally involve a review of your cycling and injury history, re-assessment of relevant physical examination items and the application of interventions (e.g. bike adjustments, physiotherapy treatment techniques, review of exercises etc.).
Note that Cycle Dynamics is not responsible for any adverse outcomes (physical, financial, performance or otherwise) arising from your failure to use bicycles in accordance with the manufacturers’ instructions and our instructions, or for failing to follow our instructions and recommendations regarding bicycle equipment, your cycling training, strengthening and therapeutic exercises, and/or any other advice/education we provide.
Privacy and Health Information
We are committed to protecting your privacy. Your personal and health information is generally only disclosed to other members of your medical team where necessary. The personal and health information we collect from you is collected for the primary purpose of providing a high quality of health care.
In particular, we may need to obtain and/or release your health information with other treating practitioners, including, but not limited to treating practitioners, rehabilitation consultants, and employers. You permit us to exchange such information, including any past medical history with those people deemed necessary by us. We may also be required to disclose your personal information where required by law or for debt recovery.
We may send you information via email or phone regarding our services. This may include information to assist with our accounts, to communicate with you regarding your treatment, or to provide you information on our services. By accepting our services you consent to these communications.
If your existing bicycle configuration does not meet your cycling and/or injury rehabilitation needs then we may provide recommendations regarding appropriate bicycles, parts and accessories to assist in your recovery and the achievement of your cycling goals.
In some cases we may recommend alternate or customised equipment. For custom-made bicycle frames we may provide a draft design with fit-related measurements and component recommendations that you can then provide to the bicycle frame builder/manufacturer. We then review the final design from the manufacturer to ensure there are no foreseeable safety or fitting concerns if this is provided to us. For custom bikes, the manufacturer is responsible for the final approved design and construction of the custom bicycle and your legal relationship and contract is with the manufacturer.
We also have test bicycles fitted with adjustable cranksets that are available for demonstration trial so that you may try and determine your preferred length before making a purchase. You must agree with our further terms and conditions for use of the demonstration bicycles.
You acknowledge and agree that bicycle maintenance, or ordering of bicycles, accessories, components or customised equipment may cause a delay in the ability for you to continue with your rehabilitation treatment and/or cycling participation. We may recommend other interventions/strategies in the interim.
We do not receive any affiliate or other commission fees from any distributors or manufacturers or bicycle shops for the recommendations or any sales.
We cannot be held responsible for any purchase you make of bicycle equipment, including customised equipment. We are making recommendations only, and you choose whether to act on the recommendation. Any purchase is a contractual agreement between you and the manufacturer, or bicycle shop or distributor and we are not to be involved. All payments must be made directly to them. You take full responsibility and risk for purchasing any bicycle equipment we recommend to you.
You further acknowledge that by undertaking any bicycle exercise program, you are doing so voluntarily and are aware that there are dangers in participating. You acknowledge that undertaking a bicycling exercise program may result in serious personal injury, permanent disability or death and/ or property loss and damage. We cannot be responsible for any injury you may suffer whilst using the cycling equipment, including our test bicycles, or whilst engaging in the bicycling exercise program which of course is without our supervision. We also cannot guarantee your progress or improvement under any bicycling exercise program. We expressly disclaim all warranties in relation to the bicycling exercise program.
You agree that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of any bicycling equipment, engaging in a bicycle exercise program or our Services. This damage includes, but is not limited to any personal injury, death or property damage. You agree to indemnify us for any claims you may have against a bicycle shop, manufacturer or distributor.
We sell a limited range of bicycle components and accessories such as saddles, handlebars, pedals and cranksets, (“our bicycle equipment range”) as well as our physiotherapy equipment range (together “our equipment range”). Any purchase of items from our equipment range is a contract for purchase with us and is made at our consultation rooms. Some of our equipment range comes with manufacturer warranties, which you can request on purchase.
We have obligations under the Consumer and Competition Act 2010 (Cth) (“the ACL”), in relation to our products and services, including refunds for our equipment range, and you have other rights including the consumer guarantees which cannot be excluded, restricted or modified (“Statutory Rights”).
In some circumstances we may not have items in our bicycle equipment range in stock, and we may need to order them in. You acknowledge and agree that there will be a waiting period to receive the item, and so your rehabilitation and/or cycling participation may be delayed. If we agree to post the item to you agree to pay all associated delivery charges in addition to the price.
Our liability to you is governed solely by the ACL and these Terms.
We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose. We further disclaim all warranties in relation to our equipment range.
When your Statutory Rights apply, to the extent possible, our liability in respect of any claim is limited to, at our option:
- The supply of any services again; or
- The payment of the cost of having any services supplied again.
- The supply of the products again; or
- The repair of the product; or
- The payment of the cost of having the products supplied again.
You agree that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our products or services. This damage includes, but is not limited to any personal injury, death or property damage.
You agree to indemnify and hold us harmless from and against any and all claims including but not limited to any damages whether direct or indirect resulting from (i) your breach of our Terms, (ii) any third party claims; (iii) any activity you may engage in through any use of our products or services, or (iv) your use of the products or services.
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
These terms and conditions are governed by the laws of Queensland, Australia, and the parties submit to the jurisdiction of the courts of Queensland and Australia.
You agree that you have read and understood the above terms and conditions and that you:
- warrant that the information you provide about your health is true and correct and to the best of your knowledge;
- agree to disclose any injuries or future medical conditions;
- consent to your health information being disclosed; and that
- we cannot be responsible for any injury you may suffer whilst using the bicycling equipment, including our test bicycles, or whilst engaging in the bicycling training/exercise programs. You are responsible for all risks which may include personal injury, death and property damage.