Terms and Conditions

Terms and Conditions or Entry

The Terms and Conditions of Entry are also available to download:

 

The terms and conditions for entry to the 2017 GT Bike Buller Festival presented by Alpinestars are listed below:

RAPID ASCENT PTY LTD terms and conditions:

The participant acknowledges he has read and agrees to the terms and conditions of entry set out herein prior to registering as a participant in the event.

1. Waiver for Participation in Recreational Activities supplied by Rapid Ascent Pty Ltd ("the supplier")
1.1. The participant acknowledges and agrees that the activity organised or conducted by the supplier is in the nature of an “extreme sport” and as such, has inherent dangers and risks, including risk of injury or death to the participant.
1.2. The participant further acknowledges and agrees that due to the nature of the activity, it would be unreasonable for the supplier to be in any way responsible for any injury to or death of the participant and the participant hereby, to the full extent permitted by law, waives all of his or her legal rights of action against and fully releases the supplier for loss, damages, injury or death howsoever arising out of or in relation to the participation by the participant in the activities conducted or organised by the supplier including without limitation, liability for any negligent or tortuous act or omission, breach of duty, breach of contract or breach of statutory duty on the part of the supplier, its office bearers, directors, employees or agents.
1.3. This waiver, release and discharge shall be and operate separately in favour of the supplier and the Crown in the right of all States and Territories and the Commonwealth, shires, government departments and agencies, persons (including Ministers and statutory office holders), corporations and bodies involved or otherwise engaged in promotion or staging the event or the management of the land or water on which the event is staged and the servants, agents, representatives and officers of any of them
1.4. The participant further acknowledges and agrees that he or she has undertaken the activity freely, voluntarily and absolutely at his or her own risk and with a full appreciation of the nature and extent of all risks involved in the activity. This waiver shall bind the participant and his or her executors.
1.5. The participant has read and understands this waiver of the participant's legal rights.

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012
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 supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. 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 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in 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 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.


2. The participant agrees:
2.1. to the terms and conditions contained in this entry form in consideration of and as a condition of acceptance of the participant's entry in this event, for himself or herself, his or her heirs, executors and administrators.
2.2. to comply with the event rules and regulations stipulated by the supplier.
2.3. that this agreement shall be construed in accordance with the laws of the State of Victoria, Australia and the parties submit to the exclusive jurisdiction of the Courts of that State
2.4. to allow my photograph, video, multimedia or film likeness to be used for any legitimate purpose by the organizers, sponsors or others.

2.5 I consent to receiving any medical treatment including ambulance transportation that the event organisers deem necessary during and after the event.

3. The participant acknowledges:
3.1. he or she has disclosed all information requested in the supplier's entry form and warrants that he or she possesses all qualifications as stipulated by the supplier for the event;
3.2. he or she has sole responsibility for the security and safety of the participant's athletic equipment and other personal belongings during the event and related activities;
3.3. he or she has received advice that it is highly recommended that he or she obtain personal health insurance to cover any accident or injury or other risk incurred during participation in the event;
3.4. additional event rules and regulations stipulated by the supplier may be posted on the supplier's website at http://www.rapidascent.com.au/ or as otherwise advised by the supplier and are expressly incorporated in the terms and conditions of this agreement.

4. The participant warrants he or she is physically fit to compete safely in the event, and the participant has not received medical advice to the contrary.

5. The participant hereby irrevocably consents to receive medical treatment that may be considered by the supplier advisable or necessary in the event of injury, accident and/or illness during the event.

Signature of Participant ................................................................. Date: .....................................

Name of Participant ........................................................................................................................................


COMPETITORS UNDER THE AGE OF 18:

I, ............................................................................................................, being the parent or guardian of the person named in the indemnity above Acknowledgement, Release and Indemnity ("the Indemnity") hereby acknowledge and agree that:
• I have read the whole of this document and understand it and have explained it to the person named in the Indemnity;
• I consent to the person named in the Indemnity participating in the Event; and
• I am aware of the risk, dangers and obligation set out above in the Indemnity.
In consideration of the person named in the Indemnity being accepted to participate in the Event, I agree to release and indemnify the Event organisers, its officers, employees, agents, volunteers, contractors, public bodies, landholders and sponsors, in the same manner and to the same effect and extent as if I were the person named in the Indemnity and the person participating in the Event.

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

For any other information please contact info@rapidascent.com.au

 

Buller SKi Lifts PTY LTD terms and conditions:

IMPORTANT FORM - PLEASE READ
EXCLUSION OF LIABILITY - WAIVER OF RIGHT TO SUE - YOUR ASSUMPTION OF RISK - THESE CONDITIONS AFFECT YOUR LEGAL RIGHTS!

BULLER SKI LIFTS PTY LTD as the supplier of recreational services, sells all tickets and access products for the use of chairlifts and mountain biking in the Mt Buller Alpine Resort (‘the resort’) to me (‘the customer’) including, but not limited to, the use of chairlifts, mountain biking in the resort, mountain bike lessons, rental, repair and maintenance of mountain bikes, use of mountain bike trails, the layout, design and maintenance of mountain bike trails and the presence of people or objects or hazards thereon and any other associated sporting activities or leisure time pursuits (‘recreational activities’) subject to the following conditions:


1. By purchasing a ticket or access product or by participating in any of the recreational activities, the customer and/or the participant agree to be bound by these conditions.

2. Buller Ski Lifts Pty Ltd, its employees, directors and agents (‘the supplier’) are not liable to the customer or the participant, their dependants or legal representatives for personal injury or death suffered by the customer or the participant 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. The customer and the participant acknowledge that the recreational activities are dangerous with many inherent risks and hazards and as a consequence serious personal injury, permanent disability and sometimes death can occur by participating in the recreational activities and the customer and the participant 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 their participation in such activities.

4. WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012
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 & Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law & Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in paragraphs 2 and 3 of 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 & Fair Trading Act 2012 and section 23(3)(b) of the Australian Consumer Law & Fair Trading Act 2012.

5. The customer and the participant agree to pay the cost of and authorise the supplier to take all steps it considers reasonably necessary to protect their well being in the event of personal injury occurring, including the administration of any emergency medical treatment and ambulance transportation.

6. All participants must be in good health and free from any adverse medical conditions.

7. It is compulsory for all participants to wear a full face helmet constructed to approved Australian bicycle riding standards. The wearing of other personal protective equipment such as gloves, body armour designed for mountain biking and protective eyewear are recommended.

8. All tickets and access products remain the property of the supplier and cannot be transferred or resold. They are valid only for the dates issued and void if tampered with.

9. The customer and the participant must comply with the suppliers rules of conduct of mountain biking and all signs or other directions of the supplier and the supplier may suspend or cancel their access to the recreational activities in its absolute discretion for non-compliance with these conditions or for reckless or careless conduct.

10. If the customer purchases a ticket or access product for use of the recreational activities on behalf of another person, the customer and the other person agree that the customer makes that purchase as the authorised agent of the other person so that the other person will be bound by these conditions.

11. These conditions 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 of these conditions should be determined by a court to be illegal, invalid or otherwise enforceable, it shall be deemed deleted and the remaining conditions shall remain and continue to be legally valid, binding and enforceable.

I have read, understood and agree to be bound by the conditions of this agreement.
………………………………………………………… ……………………………………………

Signature of Customer Date
.............................................................................................................................................................
.............................................................................................................................................................
.............................................................................................................................................................

Print Full Name and Address, Contact Telephone Number and Date of Birth
........................................................................................

Motor Vehicle Licence Number

PRIVACY STATEMENT – See website www.mtbuller.com.au for privacy statement
 

 

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