1. All snow sports (skiing, snowboarding and tobogganing) carry the risk of injury and damage to property.
2. The risk of injury is reduced but not eliminated by correct setting of bindings, the use of wrist guards and approved helmets.
3. Ski bindings and designed to release under load. The tension of bindings can and should be adjusted to reflect the experience of user and snow conditions to be encountered.
4. Snowboards have bindings that do not release under load, with the consequence that user may suffer injury.
In considering of your hiring of equipment to me, I agree to be bound by the following terms and conditions.
I enter into this agreement with you both personally and on behalf of and as the authorised agent of each user.
ACCURACY OF USER PARTICULARS
I certify that the particulars recorded on the reverse side of this document and/ or inputted digitally through the online booking service and/or self-check in service of the height, weight, age and experience and skiing/snowboarding ability of each user is complete and accurate. I understand that you rely on the accuracy of those particulars in determining the suitability of the equipment to be hired and also determine the setting for bindings.
USE AND RETURN OF EQUIPMENT
- Both personally and on behalf of each user I agree that:
- I am fully responsible for the equipment during the term of this Equipment Hire Agreement;
- The equipment must not be removed from Perisher Valley area unless you have written permission;
- Before receiving the equipment from you I had the opportunity to personally examine it and found it to be in good working order and condition;
- I return the equipment after 6pm on the agreed return date I must pay and additional hiring charge, calculated at our daily hire rate. I authorize you to debit my credit card for any further such hiring charge.
DAMAGE TO EQUIPMENT
- If I have paid an agreed damage waiver amount to you I understand that I will not be required to make good damage to the equipment that is caused in the course of its reasonable use on Mt Buller, provided that return the equipment regardless its condition.
- If I do not return the equipment to in the same condition that when I received it, then unless I have agreed to pay you a damage waiver, I agree to pay the full retail cost of replacing the damaged equipment. In that circumstance both personally and on behalf of each user authorise you to draw against my equipment security deposit provided by me. If I have paid for the equipment hire/or the security deposit by credit card then I herby authorise you to debit my credit card for the full retail cost of the damaged equipment. If the funds are insufficient then I will immediately pay you the balance.
LOSS OF EQUIPMENT
I acknowledge that if I do not return the equipment or any part of it to you then I must pay the full retail cost of replacement equipment. For that purpose I authorise you to draw against any equipment security deposit provided. If I have paid for the equipment hire/or the security deposit by credit card then I hereby authorise you to debit my credit card for the full retail replacement cost of the equipment. If the funds are insufficient then I will immediately pay you the balance.
ACKNOWLEDGEMENT AND ACCEPTANCE OF RISK
- I have read and brought to the attention of each user the Important Notice. Both personally and on behalf of each use, I acknowledge that:
- Participation in snow sports, involving the equipment, carries a risk of injury or death and/or damage to property:
- I have not relied upon any advice or representation of you regarding the suitability, safety or performance characteristics of the equipment, and
- I am medically fit to use the equipment and that a medical practitioner has recently certified me as fit to engage in snow sports.
EXCLUSION OF LIABILITY
- The maximum extent permitted by law, both personally and on behalf of each user;
I release you and indemnify you against all liability including liability for negligence and all injury loss and damage arising out of or connected with the use of the equipment.
- I indemnify you and agree to hold you harmless in respect to any claim howsoever arising for death personal injury, loss and/or damage.
I agree that you are not obliged to make a refund to me in any circumstances whatsoever.
Both personally and on behalf of each user I agree that all online reservations are final. In the event of a cancelation, no shows or change of booked dates are I agree that you are not obliged to make a refund to me.
This agreement constitutes my entire agreement with you. It supersedes and prior discussion or agreement.
In this equipment hire agreement:
“Equipment” means the equipment supplied to users as particularised on the reverse side of this document and/ or inputted digitally through the online booking service and/or self-check in service.
“I” means the person named on the reverse side of this document and/ or inputted digitally through the online booking service and/or self-check in service as the customer/hirer and also my hirers, executors, administrators or anyone else who might claim on my behalf;
“Snow Sports” means but is not limited to, skiing, snowboarding and tobogganing
“User” means each and all of the persons whose surname and initials are reordered on the reverse side of this document and/ or inputted digitally through the online booking service and/or self-check in service;
“You” mean’s Ski Sponars Pty Ltd and its servants, agents, representatives, successors and assigns.