I am aware that alpine skiing, snowboarding, x-country skiing, skiboarding, tobogganing and snowshoeing and all other snowsports (“snowsports”) involve inherent risks, dangers and hazards and that personal injury and sometimes death can occur as a result of my participation in these activities.
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 system is no guarantee that the user will not be injured.
SKIBOARDING/USE OF SHORT SKIS: I understand that the boot/binding system for this type of equipment is not designed to release and will not release under normal circumstances. I understand that therefore this system will not reduce my risk of injury during a fall.
RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAIVER OF RIGHT TO SUE AND INDEMNITY
aussieskier Pty Ltd, being the Supplier which supplies and sells all such goods including skiing equipment and services including mounting ski bindings to skis, and adjusting ski bindings to boots, subject to the following conditions:
1. I accept that I, and the user of the Equipment (“the user”) have agreed to and am bound by these conditions.
2. The Supplier is not liable to me, my dependants or legal representatives, or to the user for personal injury or death suffered by me, or by the user, due to the recreational activities not being supplied with due care and skill or not being reasonably fit for their purpose or for breach of any other of the consumer guarantees applied by the Australian Consumer Law (Victoria), or due to the negligence, breach of contract or statute or statutory duty by the Supplier.
3. I acknowledge that the recreational activities are dangerous with many inherent risks and hazards and as a consequence personal injury and sometimes death can occur and I assume and accept all such risks and hereby waive the right to sue the Supplier for any personal injury or death in any way whatsoever caused by or arising from my use of or participation in such activities.
4. 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.
5. This Agreement shall be governed by and construed firstly in accordance with the laws of the State of Victoria and then in accordance with the laws of the Commonwealth of Australia. If any provision of this Agreement should be determined to be void, invalid or otherwise unenforceable, it shall be deemed deleted and the remaining provisions of the Agreement shall remain and continue to be valid, binding and enforceable.
If you choose for us to mount bindings without your boot present, and ship your skis to you, you also agree that:
1. I understand and agree that the ski bindings will be drilled and mounted on to the skis, or in the case of a rail-type binding they will be slid on to the ski, but these will not be adjusted to your boot and ready for immediate use.
2. I understand and agree that although the bindings are on the ski, this does not imply that they have been adjusted and does not imply that they are ready for use.
3. I understand and agree that ski bindings MUST be professionally adjusted by a certified ski technician prior to use.
4. I understand and agree that having the bindings mounted to the skis is separate from having the bindings adjusted to my boots and adjusted according to my skier information. 5. I understand and agree that mounting the bindings to the skis makes the ski sale final and excludes the skis and bindings from our standard return & exchange policy. 6. I understand that skis will be mounted at the manufacturers recommended position/line on the ski unless you specifically request otherwise - contact us if unsure.
I HAVE READ AND I UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SUBMITTING THIS FORM I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I, MY REPRESENTATIVES OR MY DEPENDANTS MAY HAVE AGAINST THE SUPPLIER.