The provisions of this document are in addition to the conditions of contract printed on the reverse of your lift ticket and apply to the extent of any inconsistency with those conditions.
Declaration, Warranty, Waiver and Release
“Event” means each of the Lawyers Team Race, the Lawyers Individual Ski Race and the Lawyers Individual Snowboard Race and each of the related functions organised by either or both of the Organisers.
“Event Host” means Kosciuszko Thredbo Pty Limited (ABN 95 000 139 015).
“Organisers” means, but is not limited to, the following: Kosciuszko Thredbo Pty Limited (ABN 95 000 139 015) and Lawyers Ski Race Inc. (Y2463619).
IN CONSIDERATION OF PERMITTING MY ENTRY TO THE EVENT, AND AS A CONDITION OF MY ENTRY TO THE EVENT, I HEREBY:
- 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;
- 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;
- agree that I will participate in the Event at my own risk and acknowledge that ALL ALPINE ACTIVITIES INCLUDING ALPINE, FREESTYLE AND NORDIC SKIING ANDSNOWBOARDING ARE RISKY AND INHERENTLY DANGEROUS AND MAY RESULT IN SERIOUS PERSONAL INJURY INCLUDING PERMANENT DISABILITY AND/OR DEATH TO PARTICIPANTS AND THAT MAY OR WILL INVOLVE THE RISK OF SEVERE ECONOMIC OR PROPERTY LOSS AND DAMAGE AND I UNDERSTAND THAT ANY SUCH INJURY OR LOSS MAY RESULT NOT ONLY FROM MY ACTIONS BUT FROM THE ACTIONS, OMISSIONS OR NEGLIGENCE OF OTHERS;
- agree that I will abide by the rules and conditions of the Event including The Rules and those in any literature or verbal or written instructions and that I will at all times comply with the Alpine Responsibility Code;
- waive, release and discharge all and any claim, right or cause of action however arising, 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;
- indemnify against any claim, right or cause of action howsoever arising, 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;
- agree that the waiver, release and discharge contained in paragraph 5 above and the indemnity contained in paragraph 6 above shall operate in favour of the Event Host and each Organiser and their respective employees, assigns, sponsors, agents, officers, committee members, directors and related bodies corporate (as that term is defined in the Corporations Act 2001 (Cth)), 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 of any one or more of the Released Persons;
- agree that the waiver, release and discharge contained in paragraph 5 above and the indemnity contained in paragraph 6 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;
- acknowledge and agree that the Event Host’s and the Organisers’ respective liability under any statutory right or any condition or warranty implied by law, including the Competition and Consumer Act 2010 (Cth), which cannot be lawfully excluded is, to the extent permitted by law, limited at the option of the Event Host and/or Organisers to the re-supply of the relevant services by the Event Host and/or Organisers or the payment by the Event Host and/or Organisers of the cost of having the services supplied again;
- agree that, without limitation to the waiver, release and discharge contained in paragraph 5 above and the indemnity contained in paragraph 6 above, the liability of the Event Host will be limited to that part of the Event which is located at or held on its premises and the 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
- it is not my intention to attempt aerial manoeuvres or off axis rotations.
PRIZE TERMS AND CONDITIONS
Only confirmed Event entrants who complete and agree to be bound by this waiver are eligible to become Prize winners at the Event, including the Registration Party, the ‘Freeze Down’ drinks, the Welcome Cocktail Evening and the Presentation Dinner.
“Prize” means a door prize, auction prize, donated gift, race prize or any other item presented to a participant during the Event.
“Event Sponsor” includes any donor or supplier of a Prize presented at the Event.
By accepting a Prize, I agree to be bound by the following conditions:
- Prizes are not transferable, exchangeable, refundable or redeemable for cash or other discounts and are subject to the Prize giver’s terms and conditions;
- the organising committee of Lawyers Ski Race Inc. fully reserves its right to cancel or withdraw a Prize from any Prize recipient who does not accept condition (1) directly above. Any such decision is at the sole discretion of the organising committee;
- any taxes or other charges which may be payable by a Prize recipient as a result of receiving a Prize are the sole responsibility of the Prize recipient;
- although the organising committee takes all care to correctly advertise the nature, availability and value of Prizes, it make no promises of any kind about any Prize and does not accept any responsibility for any actual or alleged loss arising from or in connection with any Prize; and
- in consideration of the organising committee accepting my entry to the Event, I agree to forever discharge and hold indemnified the Organisers and the Event Sponsors from all claims I have or may have had in relation to or arising out of any Prize.
Kosciuszko Thredbo Pty Ltd Helmet Policy
Kosciuszko Thredbo recommends the wearing of helmets for skiing and riding. Skiers and snowboarders are encouraged to educate themselves on the benefits and limitations of helmet usage. The primary safety consideration, and obligation under the Alpine Responsibility Code, is to ski and ride in a controlled and responsible manner.