EXCLUSION OF LIABILITY - ASSUMPTION OF RISK
THESE CONDITIONS WILL AFFECT YOUR LEGAL RIGHTS PLEASE READ CAREFULLY!
This ticket is purchased from the Mt Baw Baw Alpine Resort Management Board (the supplier) for the use in the Mt Baw Baw Alpine Resort Crown Land Reserve subject to the following conditions: -
1 - The supplier, its employees and agents shall have no liability whatsoever in negligence, breach of contract or statute or statutory duty (including conditions or warranties implied by Section 74 of the Trade Practices Act 1974 or by Part 2A of the Fair Trading Act 1999) to the Customer, their Dependant/s of legal representative for personal injury or death suffered by the Customer arising in any way whatsoever from the supply of recreational services, including but not limited to, skiing, snowboarding, rail jam snowboarding, rail jam skiing, tobogganing, mountain boarding, mountain boarding lessons, skiing or snowboarding lessons, the use of ski lifts, the use of the terrain parks, use of the ride parks, the use of rails and jumps, all ski area services and facilities including snow clearing, operations of the ski patrol, the condition, layout, construction, design or use of pedestrian areas, roads, car parks, buildings, ski runs or slopes or the presence of people or objects thereon or any associated sporting activities or similar leisure time pursuits associated in any way whatsoever with being in snow affected terrain.
2 - The customer acknowledges that these activities are dangerous with many inherent risks as a result of which personal injury (and sometimes death) are common and ordinary consequences and assumes and accepts all risk of personal injury or death in any way whatsoever arising from such activities.
3 - WARNING: If you participate in these activities your rights to sue the supplier under the Fair Trading Act 1999 if you are killed or injured because the activities were not supplied with due care and skill or were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in or on this notice. NOTE: The change to your rights, as set out in or on this notice, 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.
4 - This ticket must be worn on the upper part of the body and be clearly visible. It remains the property of the supplier, is not transferable and cannot be resold. It is valid only for the date/s shown. No replacement or refund will be made for its loss or in the event of poor snow conditions if any lift service or other facility is not operating or open. It is void if the seal is broken. The customer shall comply with the Alpine Responsibility Code and signs or other directions of the supplier and the ticket may be suspended or cancelled and access to lifts, services and other facilities denied at the absolute discretion of the supplier for non-compliance or for reckless or careless conduct. Using lifts without a valid pass is an offence.
5 - The customer consents to the taking of photographs by the supplier and agrees that any photographs taken may be used for promotional purposes associated with the Mount Baw Baw Alpine Resort.
