Demo Booking Terms & Conditions
RISK WARNING: RECREATIONAL ACTIVITIES (INCLUDING SKIING, SNOWBOARDING, USING LIFTS AND TO A LESSER DEGREE HIKING) INVOLVE A SIGNIFICANT RISK OF PHYSICAL HARM OR PERSONAL INJURY INCLUDING PERMANENT DISABILITY AND/OR DEATH TO PARTICIPANTS. ANY SUCH INJURY MAY RESULT NOT ONLY FROM YOUR ACTIONS BUT FROM THE ACTION, OMISSION OR NEGLIGENCE OF OTHERS.
Demo Ski Equipment Rental Agreement & Liability Waiver
This agreement is entered into between the undersigned (the “Renter” or “I”) and Phoenix Leisure Group Pty Limited ABN. 37 073 884 983 (“PLG”), relating to the temporary rental of demo ski equipment.
1. Acknowledgment of Risk
I understand and acknowledge that skiing and snowboarding are hazardous activities that involve risk of injury or death. I understand that the use of demo equipment, whether new or used, carries additional risks including but not limited to mechanical failure, improper fit, or unfamiliar performance characteristics.
I understand and acknowledge that a ski-binding-boot system on skis may not release at all times or under all conditions where release may prevent injury or death, nor is it possible to predict every situation in which it will release, and it is, therefore, no guarantee of safety.
2. Release of Liability
In consideration of being permitted to rent and use demo ski equipment from PLG, I hereby voluntarily agree to release, waive, and discharge Phoenix Leisure Group Pty Ltd., its owners, employees, affiliates, and agents from any and all liability, claims, demands, actions, or causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me or any third party while using the rented equipment, regardless of whether such loss is caused by the negligence of PLG or otherwise.
3. Assumption of Responsibility
I agree to assume full responsibility for the proper use, care, and return of the rented demo equipment. I understand that I am responsible for any damage beyond normal wear and tear, and that I am responsible for the loss or theft of the equipment during the rental period.
I acknowledge that this Agreement is personal to me and shall not be assigned to any other person and no equipment rented may be lent, sub-rented, transferred or otherwise dealt with in any manner whatsoever.
4. No Warranties
I understand that the demo equipment is provided “as-is” without any warranty, express or implied, including but not limited to fitness for a particular purpose or condition. I acknowledge that all equipment rented and used is at my own risk and that no condition, warranty or representation of safety, suitability or fitness is expressed or implied by Phoenix Leisure Group or by its employees or agents.
I have inspected the equipment carefully before renting and that the equipment rented has been supplied and adjusted as required as per the information provided by me; and is in good repair and free of defects.
5. Indemnification
I agree to indemnify and hold harmless Phoenix Leisure Group Pty Ltd., its employees and agents from any claims, actions, suits, or demands, including legal fees, resulting from or in any way in connection with my use of the rented equipment or participation in skiing or related activities, including loss, damage or injury to any other person (or their death).
I agree to compensate Phoenix Leisure Group for its loss (up to the full reinstatement value of the equipment) if I do not return the rented equipment (whether due to loss, theft or any other reason) or if the equipment suffers abnormal damage during the period of rental, whether such damaged occurred while it was in my possession or not.
6. Rental fee
The Rental equipment fee is non-refundable. No refund, or part thereof, will be given for the early return of goods. Late return of return equipment may incur additional rental fees. If you decide to purchase your skis after your demo session, the cost of your demo session will be deducted from the total purchase price. This is only applicable if purchased in the Thredbo Rossignol Demo store on the day of returning your skis.
7. Governing Law
This waiver shall be governed by and construed in accordance with the laws of New South Wales, and any legal action shall be brought exclusively within that jurisdiction. I acknowledge that any breach of these conditions may invoke police action.
Know the Code. It’s your responsibility.
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.
- Stay in control and avoid other people and hazards.
- Use appropriate protective equipment, especially helmets, to minimise the risk of injury.
- You must have the ability to use each lift safely. If in doubt ask the lift attendant.
- Obey all signs and warnings, and keep off closed trails and areas.
- It is your responsibility to avoid and give way to people below and beside you.
- Do not stop where you are not visible from above or where you obstruct a trail.
- Before starting downhill, or merging into a trail, look uphill and give way to others.
- Use care to prevent runaway snowboards.
- If you are involved in or see an accident, alert and identify yourself to Resort Staff.
- Be aware that it is dangerous to ski, board or ride lifts if your ability is impaired by drugs or alcohol.
Observe the Code
Regardless of how you enjoy your snow sport, there are inherent risks in all snow recreational activities. While in an alpine environment always show courtesy to others and be aware that common sense, protective equipment and personal awareness can reduce the risks. These risks include rapid changes in the 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.