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Conditions for Snowsports Lessons

Last Updated 1 March 2022

Risk Warning

RECREATIONAL ACTIVITIES (INCLUDING SKIING, SNOWBOARDING, USING LIFTS, MOUNTAIN BIKING 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.

Issued by Kosciuszko Thredbo Pty Ltd (referred to throughout as ‘us’, ‘we’, ‘our’) as operator of the Thredbo Alpine Resort (‘Resort’).

By using your Snowsports lesson product or lift pass or accessing the Resort you acknowledge that you have read and understood, and agree to be bound by, these Terms and Conditions of Use. Any adults who are parents or guardians of children who are unable to accept these Terms and Conditions of Use in their own capacity, do so on their behalf and must ensure they comply with them. Separate and additional terms and conditions may apply to the use of some of our facilities, equipment and services.

These Terms and Conditions of Use refer to various rights that may be exercised in our discretion, and the discretion of our staff. Mountain based recreational activities can be dangerous, and as a result we need the right to do so. We will, however, endeavour to ensure those rights are exercised in accordance with all applicable laws, and having regard to the need to protect staff, customers, property and equipment.

General provisions:

  1. You must observe our COVID-19 Safety Policy and (for skiing or snowboarding) the Alpine Responsibility Code (both as set out below, and as updated in our discretion by notices displayed throughout the Resort) and conduct yourself in a safe, responsible and controlled manner at all times.
  2. The use of any snow or mountain sport equipment or devices, whether recreational or otherwise, other than skis or snowboards during our snow season (and mountain bikes when permitted, or other equipment we approve in our discretion) are not permitted within the Resort boundary. Tobogganing and general snow-play is also not permitted within the Resort boundary.
  3. You must read and comply with all signs and follow all directions given by us and our staff, and by any public health official or law enforcement officer.
  4. You acknowledge that the risks associated with mountain based recreational activities are not always prominent, conspicuous or physically observable and you accept those risks nonetheless.

Limitations and exclusions of liability:

  1. This section contains limitations and exclusions on our liability. Those limitations and exclusions are not intended to apply in any circumstances where the law does not permit us to do so, whether under the Competition and Consumer Act 2010 (Cth), the Civil Liability Act 2002 (NSW) or otherwise.
  2. You engage in any recreational activity at your own risk, and you acknowledge that except to the extent that the law provides that liability cannot be excluded, we are not liable for breach of any warranty that services we provide will be rendered with reasonable care and skill.
  3. Where we provide “recreational services” as defined in the Competition and Consumer Act 2010 (Cth) (which include sporting activities or similar leisure time pursuits), to the maximum extent permitted by that legislation we exclude all liability to you for personal injury (as defined below) arising out of any failure by us (or our employees or agents) to comply with any consumer guarantees applying under that legislation (including those set out in the Australian Consumer Law).  For these purposes, “personal injury” means:
    a) death;
    b) any physical or mental injury of an individual (including the aggravation, acceleration or recurrence of such an injury);
    c) the contraction, aggravation or acceleration of a disease of an individual; and
    d) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual:
    i.  that is or may be harmful or disadvantageous to an individual or community; or
    ii. that may result in harm or disadvantage to an individual or community.
  4. Where liability cannot be excluded, we limit our liability to the maximum extent permitted by law.
  5. We make no warranties in relation to the services to be provided. Without limiting paragraph 2 above, all warranties, representations or conditions relating to the services we provide (whether express or implied and whether arising out of contract, at common law or under statute) are to the maximum extent permitted by law expressly excluded and you acknowledge that our liability under any statutory right or any condition or warranty implied by the Competition and Consumer Act 2010 (Cth) which cannot be excluded, is limited at our option to the resupply of the services or the payment of the cost of having the services supplied again.
  6. Except to the extent that the law, including the Competition and Consumer Act 2010 (Cth) provides that liability cannot be excluded, you acknowledge that we are not liable to you for any Personal Injury or death, which includes loss, damage, injury to you or any persons and any incidental, indirect, special, consequential or economic loss or damage to you or any persons (including loss of opportunities, exemplary or punitive damages) whether arising from default, negligence, misconduct or otherwise by us, our employees or our agents and you indemnify us against all such claims.
  7. However nothing limits our liability for representations or other communications (either oral or written) made by us, where by law such liability cannot be excluded.
  8. The term “including” in these Terms and Conditions of Use is not a term of limitation.

This product:

  1. Entitles the participant to access Thredbo Snowsports School lessons for the duration of the period specified to you or selected by you on purchase of the Snowsport Lesson access;
  2. Snowsports lessons include:
    a. Private Lessons
    b. Group Lessons
    c. Full Day Programs
  3. Remains the property of Kosciuszko Thredbo Pty Ltd (‘KT’) at all times and must not be resold, transferred or altered in any way – and a breach of this condition will result in the confiscation of the pass;
  4. Will not be refunded if any facilities are not operating for any reason or if any portion of the lesson or program is unused;
  5. Will not be refunded or transferred for failure to arrive at the selected lesson start time prior to lesson departure;
  6. Expired and unused lessons are non-refundable and cannot be transferred to another date, person or season;
  7. Does not entitle you to provide or receive ski or snowboard instruction except where provided by KT, its employees or agents;
  8. May be cancelled at any time KT considers appropriate to protect its staff, customers, property and equipment, or if KT considers that the participant’s actions or behaviour are disrupting or negatively impacting the Thredbo Snowsports Lessons.
  9. Where you are the parent or guardian of a child participant you must collect your child within 15 minutes of notification of cancellation; and
  10. The participant must have valid lift access assigned for the duration of the lesson or program.

Product Amendments:

  1. Where Thredbo Flexibility Insurance is purchased for $10.00 in conjunction with your snowsports lesson and you request an amendment to the product type, duration, start date or person associated (provided the change is to a product of equal or greater value):
    a) Your snowsports lesson can be amended without incurring any additional fees and you will retain the benefit of any discount received through advance purchasing.
    b) Where amended to a different price, product or duration, may require additional payment or MyMoney credit, due to the best available rate for the amended date being higher or lower.
    c) For group lessons and full day programs, requests can be made up to 4.30pm the day prior to the selected product start date.
    d) For private lessons, requests can be made up to 4.30pm 2 days prior to the selected product start date.
  2. Where Thredbo Flexibility Insurance is not purchased in conjunction with your snowsports lesson and you request an amendment to the product type, duration, start date (provided the change is to a product of equal or greater value):
    a) Your snowsports lesson can be amended upon payment of the required fee. The amendment fee is $20.00 per change request per person per product. Amendments may also incur loss of advanced purchase discounts;
    b) Where amended to a different pricing season, may require additional payment or MyMoney credit, due to the best available rate for the amended date being higher or lower.
    c) Requested time for Private Lesson changes may not be available.
    d) Change of person is not available when Thredbo Flexibility Insurance is not purchased.

Medical release from parents and guardians of child participants:

  1. I authorise KT and its employees and agents to arrange for medical attention of my child or to transfer my child to the Thredbo Medical Centre or to a hospital if, in the opinion of that person, medical attention is needed or is likely to be needed for my child. I am aware that the practice of medicine in a surgery is not an exact science and I acknowledge that no guarantees have been made to me as to the result of treatment or examination at the Thredbo Medical Centre.
  2. I agree that on transporting my child to any hospital or medical facility KT shall have no further responsibility, for, or in respect of, my child.
  3. I agree to pay all costs associated with such medical care or attention and for related transportation for my child and I agree to indemnify and to keep indemnified KT for and in respect of any such costs incurred.
  4. I further authorise KT and its employees and agents to render any necessary or emergency medical care or attention to my child if considered necessary by a medical practitioner employed at the Thredbo Medical Centre.

THREDBO CANCELLATION POLICY:

Please refer to https://www.thredbo.com.au/terms-conditions/ for terms and conditions in relation to cancelling a Thredbo product or service.

COVID-19 SAFETY POLICY:

Please refer to www.thredbo.com.au/about-thredbo/covid-19-update for the most up to date information.

ALPINE RESPONSIBILITY CODE

  • Know your ability and always stay in control and be able to stop and avoid other people or objects. It is your responsibility to stay in control on the ground and in the air.
  • If you wish to take lessons, do so only from our trained staff, who are qualified to do so.
  • Use appropriate protective equipment to minimise the risk of injury.
  • Before using any lift you must have the knowledge and ability to load, ride and unload safely and always use the restraining devices.
  • Observe and obey all signs and warnings. Keep off closed trails or runs.
  • Give way to people below and beside you on the hill. It is your responsibility to avoid them.
  • Do not stop where you are not clearly visible from above. Look uphill and give way to others when entering/exiting a trail or starting downhill.
  • Always ensure your equipment is in good condition and use suitable restraining devices to avoid runaway skiing/boarding equipment.
  • Do not ski, board, ride a lift or undertake any other alpine activity if your ability is impaired by drugs or alcohol.
  • If you are involved in, or witness an accident or collision, alert Ski Patrol, remain at the scene and identify yourself to the Ski Patrol.
  • Skiers/snowboarders must observe the Alpine Responsibility Code and ski/ride in a safe manner at all times. Failure to do so may result in forfeiture of skiing/snowboarding privileges.

THREDBO DRONE POLICY:

To maximise safety for staff, customers, property and equipment, we prohibit the unauthorised operation or use of any remotely piloted aircraft or any form of aerial drones (whether by recreational or commercial users) within the Resort area without our approval.

PUBLICITY RELEASE

I hereby unconditionally consent and authorise KT to use any and all audio, audio visual, and/or photographic recording of me / my Child relating to Snowsports Lesson programs (unless otherwise specified by the parent/guardian).

PRIVACY POLICY

We collect, store and use the personal information which you provide to us in accordance with our Privacy Policy available at https://www.thredbo.com.au/privacy-policy/

 

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