Toboggan Park Waiver
Toboggan Park Waiver
EXCLUSION OF LIABILITY - WAIVER OF RIGHT TO SUE - YOUR ASSUMPTION OF RISK - THESE CONDITIONS AFFECT AND RESTRICT YOUR LEGAL RIGHTS! Buller Ski Lifts Pty Ltd (ABN 25 153 985 829) (the Supplier) offers you use of recreational services (Recreational Services) at the Mount Buller Alpine Resort (the Resort) on the terms and conditions (the Conditions) set out in this sign. The Recreational Services are all services provided by the Supplier associated with the use of the snow slopes and the mountain for recreational activities including but not limited to skiing, snowboarding, tobogganing, 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, construction and maintenance of mountain bike trails, skiing and snowboarding lessons, and the operation of the ski patrol. You may accept this offer by purchasing a BTag, ski lift access product, using a BTag, topping up a BTag, hiring equipment from the Supplier, purchasing or participating in lessons offered by the Supplier, purchase wristband for toboggan park access, 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 BTAG AND DAILY ACCESS 1. You must purchase a BTag and ski lift access product for the days on which you wish to ski, snowboard or mountain bike at the Resort. Prices are displayed at the Resort and on the Supplier's website. If you rent equipment or enrol or participate in skiing or snowboarding lessons, you must also pay the applicable price. You must purchase a wristband for the days on which you wish to enter toboggan parks., Even if you fail to purchase a wristband, BTag or to pay an applicable fee, if you use any of the facilities at the Resort 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 Supplier, its 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 Supplier, 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 Supplier or because they failed to achieve any result reasonably expected by you which you, expressly or by implication, made known to the Supplier 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 Supplier, its 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 UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 WARNING: If you participate in these activities your rights to sue the supplier under the Australian Consumer Law and 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 or on 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 supplier's 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 and Fair Trading Regulations 2022 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012. 5. You must comply with the Alpine Responsibility Code and all signs or other directions of the Supplier. It may suspend or cancel your wristband, BTag and access to Recreational Services at the Resort in its absolute discretion for non-compliance with the Code, these Conditions, or for reckless or careless conduct. 6. You must carry your BTag in or on your ski jacket at all times on the snow slopes which must be presented to the Supplier's agent upon request. You must have your wristband on your hand at all times you are in toboggan parks which must be presented to the Supplier’s agent upon request. 7. No BTag or access product. wristband can be resold, transferred or altered in any manner. They are valid only for the dates purchased. The Supplier will not refund or replace any BTag or wristband 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 Resort and posted on the Supplier’s Website. 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 wristband, BTag or access product or Recreational Service from the Supplier on behalf of another person, you make that purchase as the agent of that other person who is also 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 the wristband, BTag 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. PRIVACY STATEMENT – See website www.mtbuller.com.au for privacy statement
Name of Holder (or that of Parent/Guardian for under 18s)
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