DECLARATION, WARRANT, WAIVER AND RELEASE  

Between the “Host” 

Perisher Blue Pty Limited – ACN 061 232 488 As trustee for The Snow Trust ABN 29 420 214 757 

Falls Creek Ski Lifts Pty Limited ACN 004 843 761 

Mount Hotham Skiing Company Pty Limited ACN 004 294 697 

and 

The event “Participant”  

Competitor name:            ……………………………….. 

The “Event” means the 2024 FIS ANC Ski Cross. 

“Organisers” means Mount Hotham Skiing Company. 

RISK WARNING 

ALPINE RECREATIONAL ACTIVITIES INCLUDING SKIING, SNOWBOARDING, USING LIFTS, SNOWTUBING, TOBOGGANING, AND SNOW PLAY INVOLVE SIGNIFICANT RISKS WHICH MAY RESULT IN PHYSICAL HARM, INCLUDING PERSONAL INJURY, PERMANENT DISABILITY OR EVEN DEATH.  

SUCH RISKS AND HARM MAY RESULT FROM YOUR ACTIONS AND/OR OMISSIONS OR THOSE OF OTHERS. THESE RISKS INCLUDE, BUT ARE NOT LIMITED TO: COLLISIONS WITH ANOTHER PERSON, OBJECTS, SURFACES OR TERRAIN; LOSS OF CONTROL AND/OR DIRECTION AND/OR FALLING WHILE PARTICIPATING IN ALPINE ACTIVITIES OR WHILE USING LIFTS; AND UNEXPECTED CHANGES IN WEATHER AND SNOW CONDITIONS 

IN CONSIDERATION FOR, AND AS A CONDITION OF ENTRY THE PARTICIPANT’S ENTRY IN THIS EVENT, I: 

1. warrant that the Participant is medically fit (including physically and mentally) to participate in the Event and that I or My Child have not been advised otherwise by a medical practitioner; 

2. warrant that I will inspect the Event area and arenas and all fixtures, fittings, equipment, goods, apparatus or other things supplied, provided or otherwise used in or related to the conduct of the Event (‘Event Staging Area’) and agree that the Participant shall not participate in the Event unless I am completely satisfied with the adequacy and condition of the Event Staging Area; 

3. acknowledge the risk warning set out in bold and capitals above and that the warning constitutes a risk warning pursuant to the Civil Liability Act 2002 (NSW), the Wrongs Act 1958 (Vic), the Competition & Consumer Act 2010 (CCA) (Cth), including the Australian Consumer Law, and the common law, and I agree that I assume all risks in connection with the Participant’s participation in the activities and acknowledge that the Event Host is not liable for the breach of any express or implied warranty that services it provides will be provided with reasonable care and skill; 

4. agree that the Participant shall abide by the rules and conditions of the Event, including those in any literature or verbal or written instructions and that I and/or the Participant will at all times comply with the Alpine Responsibility Code (printed overleaf); 

5. agree to wear a helmet approved for snowsports activity while participating in the Event; 

6. acknowledge that I engage in recreational activity at my own risk and except to the extent that the law, including the Competition and Consumer Act 2010 (CCA) (Cth) and the Australian Consumer Law provides that liability cannot be excluded, and agree to waive, release and discharge all and any claim, right or cause of action however arising including from any negligent act or omission of any person, whether or not presently ascertained, immediate, future or contingent, which I and/or the Participant may otherwise have for or arising out of loss of life or injury, damage or loss of any description whatsoever and howsoever caused which I and/or the Participant may suffer or sustain in the course of or consequent upon participation in the Event; 

7. acknowledge that to the maximum extent permitted by the CCA, the Event Host excludes liability to the Participant for:  

1. death; 

2. personal injury;  

3. the contraction, aggravation or acceleration of a disease; and  

4. the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual:  

(i) that is or may be harmful or disadvantageous to an individual or community; or  

(ii) that may result in harm or disadvantage to an individual or community.  

arising out of any failure by the Event Host, its employees or agents to comply with any consumer guarantees applying to the services provided to you by the Event Host, as the term “services” is defined in the Australian Consumer Law, save that, the exclusion of liability outlined in paragraph 7 above shall not apply where the conduct of the Event Host, its employees or agents has been “reckless” in providing the services to the Participant, as that term is defined in section 139A of the CCA. 

8. agree that, to the maximum extent permitted by law, to indemnify the Event Host against any claim, right or cause of action howsoever arising including from any negligent act or omission of any person, 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 the Participant may suffer or sustain in the course of or consequent upon participation in the Event. Where the Event Host’s liability cannot be excluded, I agree to limit the Event Host’s liability to the maximum extent that permitted by law;   

9. agree that the waiver, release and discharge contained in paragraph 6 above and the indemnity contained in paragraph 8 above shall operate in favour of the Event Host and its employees, assigns, sponsors, agents, officers, directors and related bodies corporate (as 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 (including from any negligent act or omission of any person) of any one or more of the Released Persons; 

10. agree that the waiver, release and discharge contained in paragraph 6 above and the indemnity contained in paragraph 8 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.  

11. [if relevant] agree to sign off from my rostered day of work to participate in the Event (Please note that the Event Host employees MUST be signed off work for the day of the Event); 

12. [if relevant] acknowledge and agree that where any of the consumer guarantees under the CCA apply to the services supplied by the Event Host, and the CCA voids or prohibits a provision in a contract excluding, restricting or modifying such consumer guarantees, then, to the fullest extent permitted by law, the Event Host’s liability under or arising out of the supply of services for breach of, or failure to comply with, such consumer guarantees shall be, limited at the option of the Event Host to the re-supply of the relevant services by the Event Host or the payment by the Event Host of the cost of having the services supplied again; and 

13. agree and acknowledge that that performing aerial manoeuvres and specifically, inverted aerial manoeuvres where the head travels below the level of the hips (“Inverts” such as flips or somersaults) is inherently dangerous and carries a high risk of serious personal injury, illness, permanent disability and/or death.  

14. agree and acknowledge that I shall not attempt Inverts and confirm that I do not consent to My Child (who is a minor) attempting Inverts. 

        By ticking this box, I hereby warrant and declare that I shall not to attempt Inverts, and that I do not consent to and will not allow My Child (defined below) to attempt Inverts. 

I HAVE READ CAREFULLY AND UNDERSTAND THIS DECLARATION, WARRANT, WAIVER AND RELEASE, AND HAVING DONE SO, I ACKNOWLEDGE AND ACCEPT VOLUNTARILY. 

Signature of Participant: …………………………………………………...Please print name in full: …………………………………………….…….Date: …………………… 

DECLARATION FOR MINORS 

If you are under 18 years of age on the day this declaration is acknowledged and accepted, the declaration must be acknowledged and accepted by your parent or guardian. I warrant and certify that I am the parent or guardian of the child named below (“My Child”) who will be under 18 years of age on the date of the Event and that he/she has my consent and is capable of participating in the Event.  I confirm that I have read and understand the above declaration, warrant, waiver and release and that I agree on behalf of My Child, to be bound by each of those conditions and having done so, I acknowledge and accept voluntarily. 

Signature of Parent/Guardian: ……………………………………….……………... Please print name in full: ………………..............……………………………………….. 

Name of Minor (Participant): ……………………………………………………….. (My Child) Date: ……………..........................………………………………………………………… 

Relationship of Parent/Guardian to Minor: ………………………………………... Age of Parent / Guardian: ………………………………………………………………… 

PUBLICITY RELEASE    

I unconditionally assign to the Event Host all right title and interest I/My Child may have in any and all audio, audio visual and/or photographic recording of me/My Child and grant to the Event Host permission to use, display, licence, sell and publish or otherwise deal with the audio, audio visual and/or photographic recording of me/My Child, including for the purpose of advertisement, promotion or otherwise.  I further agree that any such recording(s) will remain the exclusive property of the Event Host. 

Signature of Participant or Parent/Guardian if the Participant is a minor: ……………..……………………………. 

MEDICAL RELEASE FOR MINORS 

(A) I permit any authorised the Provider employee to arrange for medical attention for the Child or to transfer the Child to the Perisher Valley Medical Centre, Falls Creek Medical Centre, Mount Hotham Medical Centre (Medical Facility), or to a hospital if, in the opinion of that person, medical attention is needed or is likely to be needed for my Child.  

2. I agree that on transporting the Child to any hospital or Medical Facility the Provider will have no further responsibility for, or in respect of, my Child. 

3. I agree to pay all costs associated with such medical care or attention and for related transportation for the Child and I agree to indemnify and to keep indemnified the Provider for and in respect of any such costs incurred. 

4. I further authorise the Medical Facility, its assigns, employees or agents to render any necessary or emergency medical care or attention to the Child if considered necessary by a medical practitioner employed by the Medical Facility. 

5. I am aware that the practice of medicine in a surgery is not an exact science and I acknowledge that no guarantees have been made to me/the Child as to the result of treatment or examinations at the Medical Facility or a hospital. 

Signature of Parent/Guardian: ……………………………………….………………….. Date: …………………………………………. 

Relationship of Parent/Guardian to Minor: ……………………………………………… Age of Parent / Guardian: ……………………………….. 

YOUR ALPINE RESPONSIBILITY CODE 

There are inherent risks in all snow recreational activities. Common sense, staying in control and personal awareness can reduce these risks. Risks include rapid changes in weather, visibility and surface conditions, as well as natural and artificial hazards such as rocks, trees, stumps, vehicles, lift towers, snow fences and snowmaking equipment. Observe the code and ski and ride with courtesy to others. 

1. Stay in control and avoid other people and hazards. 

2. Use appropriate protective equipment, especially helmets, to minimise the risk of injury. 

3. You must have the ability to use each lift safely. If in doubt ask the lift attendant. 

4. Obey all signs and warnings, and keep off closed trails and areas. 

5. It is your responsibility to avoid and give way to people below and beside you. 

6. Do not stop where you are not visible from above or where you obstruct a trail. 

7. Before starting downhill, or merging into a trail, look uphill and give way to others. 

8. Use care to prevent runaway snowboards. 

9. If you are involved in or see an accident, alert and identify yourself to Resort Staff. 

10. Be aware that it is dangerous to ski, board or ride lifts if your ability is impaired by drugs or alcohol. 

KNOW THE CODE. 

IT’S YOUR RESPONSIBILITY. 

Failure to observe the code may result in cancellation  
of your ticket or pass by Resort Staff.