SKI DEMOS
Free demos - Come and try our latest winter equipment!
Keen to try Atomic's new season Skis? Register below for a free trial run or two, come through and chat to our team who can recommend the perfect ski for your ability and snow conditions.
Levels: Beginner, Intermediate and Advanced
Address: Various locations
Date: Winter 2024
LIABILITY RELEASE, INDEMNITY, ASSUMPTION OF RISK AND WAIVER AGREEMENT
I, the undersigned, in consideration of being accepted by Amer Sports Australia Pty Ltd ACN 063 414 568 (Amer) into the SIA Demo Event (the Event) hereby agree and acknowledge as follows:
1. Amer shall have no liability whatsoever in negligence, breach of contract or statute or statutory duty (including conditions or warranties implied under the Australian Consumer Law (Victoria) or any equivalent State or Federal legislation) or otherwise at law or in equity to me or my dependant/s or legal representative/s for personal injury or death suffered by me or any other person arising in any way whatsoever from my participation in the Event.
2. Participation in the Event may be strenuous and have inherent risks as a result of which personal injury (and sometimes death) is a common and ordinary consequence and I assume and accept all risk of personal injury or death to me in any way whatsoever arising from the Event and I hereby further agree to FULLY INDEMNIFY AND HOLD HARMLESS Amer from and against all claims, demands, actions, proceedings, suits, costs and expenses of every description whatsoever which may at any time hereafter be brought or claimed by me or on my behalf or by any other person against Amer for personal injury or death suffered by me or any other person in any way whatsoever arising out of or in connection with my participation in the Event.
3. I will comply with all directions of Amer and I agree my participation in the Event may be suspended or cancelled at the absolute discretion of Amer for non-compliance with such directions or for reckless or careless conduct.
4. I give my permission for a representative of Amer to seek, and if considered necessary, obtain emergency medical, hospital or ambulance service for me at my cost.
5. I agree to be photographed or videoed participating in the Event. Photos and videos may be used by Amer for promotional or advertising purposes. Images will not be forwarded to third parties.
6. This agreement:
(a) constitutes the entire agreement between Amer and me;
(b) is governed by the law of the State of Victoria the courts of which shall have exclusive jurisdiction; and
(c) if any part of provision is determined by a court to be invalid or unenforceable, then all other parts and provisions shall still be given full legal force and effect.
7. If and to the extent that Amer supplies recreational services to you as a consequence of your participation in the Event certain statutory guaranties may apply. By giving the following warning Amer asks you to agree that these statutory guarantees do not apply.
WARNING UNDER THE FAIR TRADING ACT 1999
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 32N of the Fair Trading Act 1999, 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 Fair Trading Act 1999 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 this form, does not apply if your death or injury is due to gross negligence on the supplier's part. Gross negligence is defined in the Fair Trading (Recreational Services) Regulations 2004.