I hereby apply to undertake and participate in the ETP Season Launch Camp. In consideration of my application to undertake and participate in the Activity being accepted I acknowledge and agree that:
- In this application and declaration:
“Claim” means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising including but not limited to negligence BUT does NOT include a claim against Snow Australia by any person entitled to make a claim under a relevant Snow Australia insurance policy.
“Snow Australia” means Snow Australia Limited and includes its members and their respective directors, officers, members, servants or agents.
- I acknowledge my application to undertake and participate in the Activity will be accepted upon notification to me by Snow Australia. I acknowledge that I will be bound by and agree to comply with such rules, terms and conditions as may be imposed by Snow Australia in respect to the conduct and management of the Activity.
- Warning: The Activity can be inherently dangerous. I acknowledge that I am exposed to certain risks during the Activity including but not limited to physical exertion, bodily contact with snow, racing gates, natural and man made obstacles including jumps and landings and alpine weather conditions. I acknowledge that accidents can and often do happen which may result in me being injured or even killed, or my property being damaged. I have voluntarily read and understood this warning and accept and assume the inherent risks in undertaking and participating in the Activity.
- Exclusion of implied terms: I acknowledge that where I am a consumer of recreational services, as defined by any relevant law, certain terms and rights usually implied into a contract for the supply of goods and services may be excluded. I acknowledge that these implied terms and rights and any liability of Snow Australia flowing from them, are expressly excluded to the extent possible by law, by this declaration. To the extent of any liability arising, the liability of Snow Australia will, at the discretion of Snow Australia, be limited to the resupply of the services or the payment of the cost of having the services supplied again.
- Release & Indemnity: In consideration of Snow Australia accepting my application to undertake and participate in the Activity I:
(a) release and will release Snow Australia from all Claims that I may have or may have had but for this release arising from or in connection with my participation in the Activity; and
(b) indemnify and will keep indemnified Snow Australia to the extent permitted by law in respect of any Claim by any person arising as a result of or in connection with my participation in the Activity.
6. Fitness to Participate: I have been strongly advised to undergo a physical check-up prior to participating in the Activity and to present Snow Australia with a medical clearance from my doctor. I declare that I am medically and physically fit and able to participate in the Activity. I am not and must not be a danger to myself or to the health and safety of others. I will immediately notify Snow Australia in writing of any change to my medical condition, fitness and ability to participate.
7. I have provided the information required and signed this form where indicated. I warrant that all information provided is true and correct. I acknowledge that this application and declaration cannot be amended. If I do amend it my application will be null and void and cannot be accepted by Snow Australia.
8. Severance: If any provision of this membership declaration is invalid or unenforceable in any jurisdiction, the phrase or clause is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable. If the phrase or clause cannot be so read down it will be severed to the extent of the invalidity or unenforceability of it in any other jurisdiction. Such severance does not affect the remaining provisions of this membership declaration or affect the validity or enforceability of it in any other jurisdiction.
By confirming below, I acknowledge that I have read, understood and agree to the above declaration including the warning, exclusion of liability, release & indemnity
