DECLARATION, WARRANT, WAIVER AND RELEASE
"The Event" means the 2018 NSW, ACT and AUSTRALIAN Interschools Snowsports Competition and/or the 2018 Amelia McGuiness Memorial Time Trial.
"Event Host" means Perisher Blue Pty Limited, ACN 061 232 488 and/or Kosciusko Thredbo Pty Limited, ABN 95 000 139 015.
"Organiser" means SnowSports ACT, ABN 46 061 167 548 and/or the New South Wales Snowsports Association Ltd, ABN 91 001 066 399.
RECREATIONAL ACTIVITIES INCLUDING SKIING AND SNOWBOARDING, USING LIFTS, SNOWTUBING, TOBOGGANING, AND SNOW PLAY INVOLVE SIGNIFICANT RISK OF PHYSICAL HARM, INCLUDING PERSONAL INJURY, PERMANENT DISABILITY AND/OR DEATH. SUCH HARM MAY RESULT FROM YOUR ACTIONS, OR THE ACTIONS AND/OR OMISSIONS OF OTHERS.
In consideration for, and as a condition of my entry as a participant in this Event I:
1. warrant that I am medically fit (including physically and mentally) to participate in the Event and that I have not been advised otherwise by a medical practitioner;
2. warrant that I will inspect the Event area and arenas and all fixtures, fittings, equipment, goods, apparatus or other things supplied, provided or used in or related to the conduct of the Event (‘Event Staging Area’) and agree that I will not participate in the Event unless I am completely satisfied with the adequacy and condition of the Event Staging Area;
3. acknowledge the risk warning set out in bold and capitals above and that the warning constitutes a risk warning pursuant to the Civil Liability Act, 2002 and I agree that I assume all risks in connection with My/My Child’s participations in the activities and acknowledge that the Event Host is not liable for the breach of any express or implied warranty that services it provides will be provided with reasonable care and skill;
4. agree that I will abide by the rules and conditions of the Event including those in any literature or verbal or written instructions and that I will at all times comply with the Alpine Responsibility Code;
5. agree that I will wear a helmet approved for snowsports activity while participating in the Event;
6. acknowledge that I engage in recreational activity at my own risk and except to the extent that the law, including the Competition and Consumer Act 2010 (CCA), provides that liability cannot be extended, waive, release and discharge all and any claim, right or cause of action however arising including from any negligent act or omission of any person, whether or not presently ascertained, immediate, future or contingent, which I may otherwise have for or arising out of loss of my life or injury, damage or loss of any description whatsoever and howsoever caused which I may suffer or sustain in the course of or consequent upon my participation in the Event;
7. acknowledge that to the maximum extent permitted by the CCA, the Event Host excludes liability to me for:
ii. personal injury
iii. the contraction, aggravation, acceleration of a disease; and
iv. the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual or community:
(ii) that is or may be harmful or disadvantageous to an individual or community; or
(iii) that may result in harm or disadvantage to an individual or community.
arising out of any failure by the Event Host, its employees or agents to comply with any consumer guarantees applying to the services.
8. to the maximum extent permitted by law, indemnify against any claim, right or cause of action howsoever arising including from any negligent act or omission of any person, whether or not presently ascertained, immediate, future or contingent which I may have for or arising out of loss of my life or injury, damage or loss of any description whatsoever and howsoever caused which I may suffer or sustain in the course of or consequent upon my participation in the Event. Where the Event Host's liability cannot be excluded we limit our liability to the maximum extent that we are permitted by law to do so;
9. agree that the waiver, release and discharge contained in paragraph 6 above and the indemnity contained in paragraph 8 above shall operate in favour of each of the Event Hosts and the Organisers and their employees, assigns, sponsors, agents, officers, directors and related bodies corporate (as that term is defined in the Corporations Act), each the “Released Persons”, and shall so operate whether or not the loss, injury or damage is due or attributable to an act, neglect or omission (including from any negligent act or omission of any person) of any one or more of the Released Persons;
10. agree that the waiver, release and discharge contained in paragraph 6 above and the indemnity contained in paragraph 8 above may be pleaded as a complete bar to any claim, notice, demand, action, proceeding, litigation or judgment which has or may be brought or made or recovered against any or each of the Released Persons;
11. [if relevant] agree to sign off from my rostered day of work to participate in the Event (Please note that the Event Hosts’ employees MUST be signed off work for the day of the Event);
12. acknowledge and agree that where any of the consumer guarantees under the CCA apply to the services supplied by the Event Hosts and the Organisers, and the CCA voids or prohibits a provision in a contract excluding, restricting or modifying such consumer guarantees, then , to the fullest extent permitted by law, the Event Hosts’ and the Organisers’ liability under or arising out of the supply of services for breach of, or failure to comply with, such consumer guarantees shall be limited at the option of the Event Hosts and/or Organisers to the re-supply of the relevant services by the Event Hosts and/or Organisers or the payment by the Event Hosts and/or Organisers of the cost of having the services supplied again;
13. agree that, without limitation to the waiver, release and discharge contained in paragraph 6 above and the indemnity contained in paragraph 8 above, the liability of an Event Host will be limited to that part of the Event which is located at or held on its premises and an Event Host will not be liable in any circumstance or to any extent for any action arising in relation to that part of the Event which is located at or held on the premises of another Event Host; and
14. agree and acknowledge by my participation in the Event that performing aerial manoeuvres and specifically, inverted aerial manoeuvres or off axis rotations (“Inverts”) is inherently dangerous and carries a high risk of serious personal injury, illness, permanent disability and/or death which may or will result in severe economic and/or property loss and damage and I fully recognise and accept those risks.