THE AGREEMENT
The Nominee and the Parents or Guardians (“the Parents”) of the Nominee (if the Nominee is under 18 years of age at the date hereof), have read and understood this waiver and liability exclusion and agree in consideration of BSL permitting the Nominee to use the above mentioned Coloured Pass on the dates specified to enable the Nominee to participate in recreational services supplied by BSL including but not limited to skiing, snowboarding, snow tubing, tobogganing, skiing or snowboarding lessons, operations of the ski patrol, the use of ski lifts and any associated sporting activities or similar leisure time pursuits ('Recreational Activities') in the Mt Buller and Mt Stirling Alpine Resort ('the Resort'):
EXCLUSION OF LIABILITY
1. BSL (its employees and agents) shall have no liability to the Nominee, his/her dependents or legal representatives, for personal injury or death suffered by the Nominee due to the Recreational Activities not being rendered with due care or skill, or not being reasonably fit for any purpose which the Nominee made known to BSL, or because such activities failed to achieve any result reasonably expected by the Nominee which the Nominee made known to BSL, or due to any breach of duty, negligence, breach of contract or statute or statutory duty by BSL;
RISK WARNING AND WAIVER TO SUE
1. The Nominee acknowledges that the Recreational Activities are dangerous with many inherent risks, dangers and hazards and personal injury (including serious personal injury) and sometimes death can occur and the Nominee assumes and accepts all such risks and hereby waives his/her right to sue BSL for any personal injury or death suffered by the Nominee in any way whatsoever caused by or arising from his/her participation in such activities;
2. These conditions do not affect any rights the Nominee has under Schedule 2 of the Competition and Consumer Act 2010 (Cth) except to the extent excluded in conditions 1 and 2; and
3. The Nominee must comply with the Alpine Responsibility Code and all signs or other directions of BSL and BSL may suspend or cancel his/her access to the Recreational Activities in the Resort at its absolute discretion for non-compliance with these conditions, the Alpine Responsibility Code or for reckless or careless conduct.
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012
Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you:
• are rendered with due care and skill; and
• are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
• might reasonably be expected to achieve any result you have made known to the supplier.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form. NOTE: The change to your rights, as set out in conditions 1 and 2 of this form, 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.