Gravity Jindabyne
1. AGREEMENT – In consideration of your hiring this equipment to me, I/we enter into an agreement with you, Gravity Ski & Bike Pty Ltd.to be bound by the following terms and conditions of hire. 2. AGENCY - I enter into this agreement with you both personally and on behalf of and as the authorized agent of each user that I have signed for. 3. ACCURACY OF USER PARTICULARS - We certify that the details of participants as recorded on the Gravity Jindabyne Hire Registration Form as to the height, weight, age, experience and ability of each user is complete and accurate. We understand and accept that you rely upon the accuracy of those particulars in determining the suitability of equipment to be hired and also to determine setting for bindings. 4. USE AND RETURN OF EQUIPMENT - I/we agree that: (a) We are fully responsible for the equipment during the term of this Equipment Hire Agreement; . (b) Before receiving the equipment from you we have the opportunity to personally examine it and verify it to be in good order and condition; (d) If we return the equipment after the agreed time of return we must pay an additional hiring charge, calculated at your daily rate. We authorise you to charge the credit card details that you hold as security for the hire. 5. DAMAGE TO AND LOSS OF EQUIPMENT - We understand that general wear and tear of the equipment is covered in your rental prices. Repairable damage beyond general wear and tear will be charged to our credit card at the usual ski service rates. We understand that we are responsible for the replacement, at no more than full retail value or as negotiated with Gravity Ski & Bike Pty ltd Management, of any equipment irreparably damaged, lost or not returned to Gravity Ski & Bike Pty ltd at the end of our hire term. 6. ACKNOWLEDGEMENT AND ACCEPTANCE OF RISK - Both personally and on behalf of each user, I/we acknowledge that all snow sports (skiing, snowboarding and tobogganing) carry the risk of injury and damage to property. Also that a) The risk of injury in snow sports is reduced but not eliminated by correct setting of bindings, the use of wrist guards and an approved helmet. b) The tension of bindings can and should be adjusted to reflect the experience of the user and the snow conditions to be encountered and are designed to release under load. Even when correctly fitted by an experienced technician, ski bindings are designed to release under load, which carries an inherent risk of injury for the user. c) Persons who are inexperienced in the use of snow sports equipment should obtain professional coaching as to the safe use of the equipment and should only use the equipment in areas certified as suitable for beginners. GRAVITY SKI & BIKE PTY LTD HIRE TERMS & CONDITIONS 2 7. EXCLUSION OF LIABILITY To the maximum extent permitted by law, both personally and on behalf of each user: (a) We release you and indemnify you against all liability including liability for negligence and all injury loss or damage loss arising out of or connected with the use of the equipment; and (b) We indemnify you and agree to hold you harmless in respect to any claim howsoever arising for death, personal injury, loss and/or damage and/or property damage, loss or destruction. 8. REFUND We agree that you are not obligated to make a refund to us in any circumstances whatsoever. 9. LAW The law in the State of New South Wales governs our agreement. If we have a dispute it must be conducted in the Courts of the State of New South Wales . 10. DEFINITIONS In this equipment hire agreement: “Equipment” means the equipment supplied to users as particularised on the Gravity Ski & Bike Pty Ltd Rental Receipt. “we” means the persons named hereunder as the customer/hirer and also my/our heirs, executors, administrators or anyone else who might have claim on my behalf; “Snow Sports” means, but is not limited to, skiing, snowboarding and tobogganing; “User” means each and all of the persons whose surname and initials are recorded on the Gravity Ski & Bike Pty Ltd Registration Form and/or Rental Receipt. “You” means Gravity Ski & Bike Pty Ltd, and its servants, agents, representatives, successors and assigns
