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IMPORTANT - PLEASE READ
EXCLUSION OF LIABILITY - WAIVER OF RIGHT TO SUE - YOUR ASSUMPTION OF RISK - THESE CONDITIONS AFFECT AND RESTRICT YOUR LEGAL RIGHTS
FALLS CREEK SKI LIFTS PTY LTD (FCSL) (ABN 46 004 843 761) and MOUNT HOTHAM SKIING COMPANY PTY LTD (MHSC) (ABN 60 004 294 697) (the Suppliers) offer you use of recreational services (Recreational Services) at the Falls Creek and Mount Hotham Alpine Resorts (the Resorts) and the ski slopes at Dinner Plain on the terms and conditions (the Conditions) set out in this sign. The Recreational Services are all services provided by the Suppliers associated with the use of the snow slopes and the mountain for recreational activities including but not limited to skiing, snowboarding, tubing, mountain biking and sightseeing. The Recreational Services include, but are not limited to, the provision and operation of ski lifts, snowmaking, snow slope design, construction, maintenance and grooming, hazard assessment and mitigation, skiing and snowboarding lessons and equipment rental.
You may accept this offer by purchasing a Snow Pass, ski lift access product, using a Snow Pass, topping up a Snow Pass, hiring equipment from the Suppliers, purchasing or participating in lessons offered by the Suppliers or using or making use of any of the Recreational Services. If you do any of these things, you have accepted this offer and are bound by the Conditions.
PURCHASE OF SNOW PASS AND DAILY ACCESS
1. You must purchase a Snow Pass and ski lift access product for the days on which you wish to ski or snowboard at the Resorts. Prices are displayed at the Resorts and on the Suppliers' websites. If you rent equipment or enrol or participate in skiing or snowboarding lessons, you must also pay the applicable price. Even if you fail to purchase a Snow Pass or to pay an applicable fee, if you use any of the facilities at the Resorts or make use of any of the Recreational Services, by such use you agree to and will be bound by these Conditions.
EXCLUSION OF LIABILITY
2. The Suppliers, their employees, directors and agents, are not liable to you, your dependents or legal representatives, for personal injury or death suffered by you due to the negligence, breach of contract or statute or statutory duty of the Suppliers, including but not limited to any liability for Recreational Services not being rendered with due care and skill or not being reasonably fit for any purpose which you made known, expressly or by implication, to the Suppliers or because they failed to achieve any result reasonably expected by you which you, expressly or by implication, made known to the Suppliers or for breach of any other consumer guarantee of the Australian Consumer Law (Vic) or of the Australian Consumer Law (Cth).
RISK WARNING AND WAIVER TO SUE
3. You acknowledge that Recreational Services and associated recreational activities are dangerous with many risks and hazards and as a consequence personal injury (including serious personal injury) and sometimes death can occur and you assume and accept all such risks and hereby waive the right to sue the Suppliers, their employees, directors and agents, for any personal injury or death suffered by you in any way whatsoever caused by or arising from your use of such services or your participation in such activities.
4. WARNING: If you participate in these activities your rights to sue the Suppliers under the Australian Consumer Law & Fair Trading Act 2012 if you are killed or injured because the activities were not supplied with due care and skill or were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in paragraphs 2 and 3 of this sign. NOTE: The change to your rights, as set out in or on this sign, does not apply if your death or injury is due to gross negligence on the Suppliers' part. ‘Gross negligence’, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law & Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law & Fair Trading Act 2012.
5. You must comply with the Alpine Responsibility Code and all signs or other directions of the Suppliers. They may suspend or cancel your Snow Pass and access to Recreational Services at the Resorts in their absolute discretion for non-compliance with the Code, these Conditions, or for reckless or careless conduct.
6. You must carry your Snow Pass in or on your ski jacket at all times on the snow slopes which must be presented to the Suppliers' agent upon request.
7. No Snow Pass or access product can be resold, transferred or altered in any manner. They are valid only for the dates purchased. The Suppliers will not refund or replace any Snow Pass if you suffer any illness or injury or if any lift service is not operating.
8. These Conditions may be varied from time to time. The variations will be displayed on signs at the Resorts and posted on the Suppliers’ Websites.
9. These Conditions are to be governed by and construed first in accordance with the laws of the Commonwealth of Australia and secondly in accordance with the laws of the State of Victoria. If there is any inconsistency, the laws of the Commonwealth prevail. The courts of Victoria have exclusive jurisdiction. If any provision is determined to be void, illegal, invalid or otherwise unenforceable it shall be deemed to be deleted and the remaining provisions shall remain and continue to be valid, binding and enforceable.
PURCHASES ON BEHALF OF ANOTHER PERSON AND INDEMNITY
10. If you purchase a Snow Pass or access product or Recreational Service from the Suppliers on behalf of another person, you make that purchase as the agent of that other person who also is bound by these Conditions and by using or making use of the Recreational Services such person acknowledges and agrees to the Conditions as if that person had read this sign and then made the purchase. You warrant that you have that person's authority to so bind them unless you purchase a Snow Pass or access product or Recreational Service from the Supplier on behalf a child (under 18 years) in which case you agree to fully indemnify the Supplier for all loss and damage it may suffer due to any legal proceedings being brought by or on behalf of that child against the Supplier, its employees, directors and agents, for any personal injury or death suffered by that child caused by or arising from his/her use of Recreational Services or participation in recreational activities.