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 “Volunteer”

Volunteer name:            ………………………………..

School name:             ………………………………..

The “Event” means the Snow Australia Children's Championships 2024: Volunteer Waiver.

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

In consideration for, and as a condition of my volunteering for the Event, including without limitation, marshalling, gatekeeping and performing various duties during the Event and participating in any or all pre or post-Event activities and social events, and/or my being permitted to officiate, observe, work for or in any manner participate in the Event or its staging, I:

1. warrant that I am over 18 years of age, medically fit (including physically and mentally) to volunteer in the Event and that I 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 used in or related to the conduct of the Event (‘Event Staging Area’) and agree that I will not volunteer for 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 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 I will abide by the rules and conditions of the Event including those in any literature or verbal or written instructions and that I will at all times comply with the Alpine Responsibility Code (printed overleaf);
5. agree to wear a helmet approved for snowsports activity while volunteering for 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) and the Australian Consumer Law, provides that liability cannot be excluded, I 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 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 volunteering in the Event;
7. acknowledge that to the maximum extent permitted by the CCA, the Event Host excludes liability to me 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 Me 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 Me, 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 I may suffer or sustain in the course of or consequent upon my volunteering 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 is 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; and
11. [if relevant] agree to sign off from my rostered day of work to volunteer in the Event (Please note that Perisher, Falls Creek and/or Mount Hotham employees MUST be signed off work for the day of the Event).
12. acknowledge and agree that where any of the consumer guarantees under the CCA apply to the services supplied by the Event Hosts and the Sponsors to Me, 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 Hosts’ and the Sponsors’ 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 Hosts and/or Sponsors to the re-supply of the relevant services by the Event Hosts and/or Sponsors or the payment by the Event Hosts and/or Sponsors of the cost of having the services supplied again; and
13. agree that, without limitation to the waiver, release and discharge contained in paragraph 6 above and the indemnity contained in paragraph 8 above, the liability of an Event Host will be limited to that part of the Event which is located at or held on its premises and an 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.

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

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

PUBLICITY RELEASE  

I hereby unconditionally assign to the Event Host all right title and interest I may have in any and all audio, audio visual and/or photographic recording of me 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, including for the purpose of advertisement, promotion or otherwise.  I further agree that any such recording(s) shall remain the exclusive property of the Event Host.

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.