Exclusion of liability, waiver of right to sue, and assumption of risk. These conditions will affect your legal rights.

ASSUMPTION OF RISKS

I am aware that Alpine Skiing, snowboarding, ski boarding and snow play involves risks, dangers and hazards (sometimes including severe injuries and/or death and that injuries are a common and ordinary occurrence of these sports including injuries arising from collisions with other people and with infrastructure and buildings, and from being hit by snow sport equipment. I agree that if I participate in snow sport activities my rights to sue the supplier are excluded, restricted or modified in the way set out in or on this notice under the Fair Trading Act if I am killed or injured even if the equipment and/or their activities were not supplied with due care and skill or were not reasonably fit for their purpose. The supplier, and 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, the Fair Trading Act and any other applicable statutes. They also acknowledge and agree that other snow sports participants may not comply with the Alpine Responsibility Code and I acknowledge it has been recommended to me that I wear a helmet and have ambulance cover.

DUE DILIGENCE:

I have made all necessary enquiries relating to all aspects of snow sports and risks associated with the equipment used therein and rely solely upon my own information and beliefs.

ALPINE SKIING. I understand that the ski boot binding system may not release or retain at all times or under all circumstances, so that it is not possible to predict every situation in which the system will release or retain, and that the system is no guarantee that the user will not be injured.

SNOWBOARDING/SKI BOARDING/SNOWBLADING. I understand that the boot binding system for the equipment is not designed or intended to release and will not release under normal circumstances. I understand that as the boot binding system is a non-release system, this system will not reduce the risk of injury during a fall and will increase the risk of not surviving an avalanche.

HELMETS & WRIST GUARDS: I have made my own personal decision on whether or not to wear a helmet and/or wrist guards.

I FREELY ACCEPT & FULLY ASSUME ALL RISKS, DANGERS & HAZARDS ASSOCIATED WITH THE USE OF THE EQUIPMENT, and freely sign this RELEASE OF LIABILITY, and WAIVER OF CLAIMS & INDEMNITY AGREEMENT.

In consideration of the rental of the Equipment, I hereby agree as follows:

1. TO WAIVER ANY AND ALL CLAIMS that I have or may have against the ski shop and all of its owners, staff and operators and the manufacturer and distributor of the Equipment, and all of their respective Directors, Officers, employees, agents, representatives, successors and assigns (all of whom are herein under collectively referred to as the Releasees*) and TO RELEASE THE RELEASES from any and all liability for any loss, damage, expense or injury, including death, that I may suffer, or that my next of kin may suffer resulting from or arising out of any respect of my using the Equipment DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, BREACH OF STATUTE OR BREACH OF WARRANTY ON THE PART OF THE RELEASEES in respect of the design, manufacture selection, installation, maintenance or adjustment of the Equipment, or in respect of the provision of or the failure to provide any warnings, directions, instructions or guidance as to the use of the Equipment.
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASES from any and all liability for any damage to property of or personal injury to any third party, resulting from my use of the Equipment.
3. THIS DOCUMENT IS A LEGALLY BINDING CONTRACT which supersedes any other agreements or representations by or between the parties, which is binding upon and ensures to the benefit of the heirs, assigns and estates of the parties and their beneficiaries, and which is intended to be as broad and inclusive as is permitted by law, but it is not intended to assert any claims or defences which are prohibited by law. The specific rights of the parties may vary, and parts of this agreement may not be enforced by courts in some States. If any part of the Contract is found to be invalid or unenforceable, the remainder shall be given full force and effect.

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT.

BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE, PLEASE READ CAREFULLY

RENTAL AGREEMENT

1. I accept full responsibility for the care of the rental equipment (the Equipment") listed on this form and I agree to pay for any damage to the Equipment and replace at full retail value any Equipment not returned by the due date. I authorise you to debit my credit card for any such charge.
2. (DOWNHILL SKI EQUIPMENT ONLY) I/we have accurately represented our/my height, weight, age and skier type (This information is required in order to properly adjust the ski boot/binding settings). I agree to verify that the settings appearing in the visual indicator windows on the bindings correspond with the settings to be recorded on this form.
3. I am familiar with the proper use of the Equipment. I understand that the rental technicians are able to answer any questions I may have as to the proper use of the equipment but I have not relied on any advice or representation.
4. I also agree to return the Equipment in a clean condition to avoid any additional charges. I authorise you to debit my credit card for any such cleaning charge.
5. I acknowledge that Paul's Ski Shop Pty Ltd or the releasees will not be liable for any accident or damage resulting from hire of vehicle wheel snow chains.
6. Once I have signed this agreement and take delivery of the goods and equipment, you are not obliged to give me any refund under any circumstances whatsoever.
7. I agree to immediately notify Paul's Ski Shop PTY LTD if the binding DIN setting on the Ski Bindings differ in any way from those stated overleaf. I undertake not to use the skis until the binding DIN settings have been reset to accord with those stated overleaf.
8. I understand that I am responsible for all equipment hired under my name and authorise Paul's Ski Shop PTY LTD to debit my credit card for all extra costs owed for good not returned on time and in good order.
9. Where I am hiring equipment for third parties, I agree to keep Paul's Ski Shop PTY LTD fully indemnified against any and all claims whatsoever by any such third party (including their heirs and their estates).
10. I agree to pay all cost incurred by Paul's Ski Shop PTY LTD in recovering or attempting to recover the outstanding amount, including legal, debt collection costs.