Refunds and Cancellations
EQUIPMENT RENTAL, LIABILITY EXCLUSION, ASSUMPTION OF RISK AND WAIVER TO SUE AGREEMENT
BY RENTING EQUIPMENT FROM BULLER SPORTS PURSUANT TO THIS AGREEMENT YOU WILL WAIVE YOUR LEGAL RIGHTS TO SUE BULLER SPORTS FOR PERSONAL INJURY OR DEATH AS SET OUT BELOW.
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012
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 are excluded, restricted or modified in the way set out in this form, if you are killed or injured because the services provided were not in accordance with the statutory guarantees outlined below.
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 exclusion of these statutory guarantees is brought to your attention by 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, 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.
In consideration of BULLER SPORTS (Registration No. 34 056 763 930) (‘the Supplier’), renting to me the skiing or snowboarding equipment recorded in the Supplier’s computer records (the equipment) to enable me to participate in skiing or snowboarding in the Mount Buller and Mount Stirling Alpine Resorts (such rental and use of the equipment being collectively called ‘Recreational Services’) I acknowledge and agree that:
1. The equipment is received by me in good order and condition and I accept full responsibility for its care. I agree to pay for any damage to it however caused (including loss or theft) and for the replacement, at full retail value of any equipment not returned by 5 pm on the final day of the rental period or be liable for the following and subsequent days rental at daily rates, whichever is the lesser amount and that any deposit lodged by me may be forfeited to pay for any part of these liabilities and that there will be no refund for the early return of the equipment;
2. I am familiar with the proper use of the equipment and have not relied on any advice or representation made by the Supplier’s rental staff in relation to the equipment or its use;
3. The use of snowblades is not recommended by the Supplier by any person under 1.5 metres tall or under 15 years of age;
4. I will use the equipment in a safe and responsible manner and comply with the Alpine Responsibility Code on display and with all signage and directions of the Supplier and will return the equipment in good order and condition;
5. I have made no misrepresentation in regard to my height, weight, age or skier standard and acknowledge that this information is required to properly adjust the ski boot/binding settings (DIN) and I agree that the setting appearing in the indicator windows on the ski binding correspond with the setting recorded on this agreement;
6. At my request the Supplier may alter the DIN setting on my ski binding from that calculated pursuant to the binding manufacturer’s chart but I acknowledge that this may increase the risk that I will suffer personal injury or death whilst skiing and I agree to assume this additional risk;
7. I agree to indemnify and hold harmless the Supplier from any and all liability for any personal injury to the user or to any third party, resulting from the use of the equipment;
ACKNOWLEDGEMENT OF RISKS
8. I am aware that alpine skiing, snowboarding, x-country skiing, skiboarding, tobogganing and snowshoeing and all other Snowsports involve inherent risks, dangers and hazards and that personal injury (and sometimes death) are a common and ordinary occurrence of participating in these activities;
9. ALPINE SKIING: I understand that the ski boot/binding system will not release at all times or under all circumstances, that it is not possible to predict every situation in which the system will release, and that the existence and operation of the system is no guarantee that the user will not be injured in the event of a fall or collision;
10. SNOWBOARDING/X-COUNTRY/SKI BOARDING/SNOWSHOEING/USE OF SHORT SKIS: I understand that the boot/binding system for this equipment is not designed to release and will not release under normal circumstances and I understand that therefore this system will not reduce the users risk of injury in the event of a fall or collision;
11. HELMETS & WRIST GUARDS: I accept that Helmets & Wrist guards may provide limited protection against head, brain or wrist injuries in slow speed collisions/accidents but that they are unlikely to provide any protection in higher speed collision/accidents.
EXCLUSION OF LIABILITY, ASSUMPTION OF RISK, WAIVER OF THE RIGHT TO SUE AND INDEMNITY
12. I have read all the proceeding clauses and agree that the Supplier, its employees, directors and agents, are not liable to me, my dependents or legal representatives, for personal injury or death suffered by me due to the negligence, breach of contract or statute or statutory duty of the Supplier, including but not limited to any liability for Recreational Services not being rendered with due care and skill or not being reasonably fit for any purpose which I made known, expressly or by implication, to the Supplier or because they failed to achieve any result reasonably expected by me which I, expressly or by implication, made known to the Supplier or for breach of any other consumer guarantee of the Australian Consumer Law (Vic) or of the Australian Consumer Law (Cth);
RISK WARNING AND WAIVER TO SUE
13. I acknowledge that Recreational Services and associated recreational activities are dangerous with many risks and hazards and as a consequence personal injury (including serious personal injury) and sometimes death can occur and I assume and accept all such risks and hereby waive the right to sue the Supplier, its employees, directors and agents, for any personal injury or death suffered by me in any way whatsoever caused by or arising from my use of such services or my participation in such activities;
14. I acknowledge that the Supplier strongly recommends that all skiers and snowboarders wear accredited helmets and recommends that all snowboarders wear wristguards which are available for rent from the Supplier;
15. These Conditions are to be governed by and construed first in accordance with the laws of the Commonwealth of Australia and secondly in accordance with the laws of the State of Victoria. If there is any inconsistency, the laws of the Commonwealth prevail. The courts of Victoria have exclusive jurisdiction. If any provision is determined to be void, illegal, invalid or otherwise unenforceable it shall be deemed to be deleted and the remaining provisions shall remain and continue to be valid, binding and enforceable;
RENTAL ON BEHALF OF ANOTHER PERSON
16. If I rent any equipment from the Supplier on behalf of another person, I agree that I rent that equipment as the agent of that other person who is also bound by these Conditions and by using or making use of the Recreational Services or of the equipment, such person acknowledges and agrees to the Conditions as if that person had read this agreement and then rented the equipment. I warrant that I have that person's authority to so bind them, unless I rent equipment from the Supplier on behalf a child (under 18 years) in which case I agree to fully indemnify the Supplier for all loss and damage it may suffer due to any legal proceedings being brought by or on behalf of that child against the Supplier, its employees, directors and agents, for any personal injury or death suffered by that child caused by or arising from his/her use of the equipment, Recreational Services or participation in recreational activities.
PRIVACY STATEMENT – See Website: www.mtbuller.com.au for privacy statement.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING IT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I, MY REPRESENTATIVES OR MY DEPENDANTS MAY HAVE AGAINST THE SUPPLIER