EXCLUSION OF LIABILITY – ASSUMPTION OF RISK
THESE CONDITIONS WILL AFFECT YOUR LEGAL RIGHTS PLEASE READ CAREFULLY
 
1. In consideration of the issue to me (“the Holder”) of a pass by the Lake Mountain Alpine Resort Management Board (the Supplier,) the Holder, agree as follows: -
 
    The Supplier, its employees, agents and contractors shall have no liability whatsoever in negligence, breach of contract or statute or statutory duty (including conditions or warranties implied by Part 2A of the Fair Trading Act 1999) to the Holder, the Holder’s Dependant/s or legal representative for personal injury or death suffered by the Holder arising in any way whatsoever from the supply of recreational services to the Holder, including but not limited to, the mountain bike race event, known as the “Granite Grind” (“the activity”), the condition, layout, construction, design or use of pedestrian areas, roads, trails, buildings or the presence of people or objects thereon or in any way associated with mountainous terrain.
 
    The Holder acknowledge that the activity of mountain bike racing is dangerous with many inherent risks as a result of which personal injury (and sometimes death) and assumes and accepts all risk of personal injury or death in any way whatsoever arising from the activity.
 
    The Holder must comply with the event management plan and signs or other directions of the supplier and the pass may be suspended or cancelled and access denied at the absolute discretion of the Supplier for non-compliance or for reckless or careless conduct.
 
2. If the Holder is in breach of the terms of entry, the Holder agrees to recompense the appropriate party/s for loss and damage (including legal fees) arising out of such breach including any damage to the party/s reputation.
 
3. The Holder attests and verifies that the Holder is physically fit and able to participate in the activity and that the Holder has not been advised by a qualified medical practitioner not to participate.
 
4. The Holder agrees to abide by all the rules, regulations and instructions given from time to time governing the activity.
 
5. The Holder accepts that if the activity is cancelled for any reason whatever the entry fee may not be refunded.
 
6. The event has a privacy policy and the information that the Holder has provided on this form is necessary for the conducting of the activity and will only be used for the purpose of conducting the activity.
 
7. The Holder consents to the publication and/or use in any form of media whatsoever of the Holder’s name, image, voice, statements, or otherwise, without payment or compensation.
 
This Agreement:
 
(a) constitutes the entire agreement between the Holder on the one part and the Supplier on the other part,
(b) is governed by the law of the State of Victoria the Courts of which shall have a exclusive jurisdiction, and if any part or provision is determined by a Court to be invalid or unenforceable, then all other parts and provisions shall still be given full legal force and effect.
 
WARNING UNDER THE FAIR TRADING ACT 1999
Under the provisions of the Fair Trading Act 1999 several conditions are implied into contracts for the supply of certain goods and services. These conditions 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
li>As fit for the purpose for which they are commonly bought as it is reasonable to expect in the circumstances; and li>Reasonably fit for any particular purpose or might reasonably be expected to achieve any result you have made known to the Supplier.