Patron Terms & Conditions of Purchase and Use:
Tobogganing can be a dangerous activity & riding incorrectly can cause serious injury. Your safety is your responsibility. Falls Creek Alpine Resort accepts no liability for injury.

• All toboggan passes are non-refundable with the exception of the toboggan slope is closing due to poor weather conditions, lack of snow or other operational issues.
• Toboggan passes (wristbands) are non-transferrable once the guest has begun their session
• If you are unable to make your booked session time, please see a member of staff and they will do their best to move you to a new timeslot. This may not always be possible if future timeslots are fully booked.
• If you are late for your session time it cannot be extended. If you are more than 20 minutes late you may not be permitted into the area.
• Failing to follow the instructions of staff; or using your toboggan in any area outside designated toboggan parks will result in refusal of service.
• When the magic carpet is in operation, patrons cannot use the toboggan park area without a valid toboggan session pass
• Children 3 and under or under 125cm in height must be accompanied by an adult on the magic carpet
• Only use approved plastic moulded “sit-in” toboggans. Inflatable objects, snow bikes and non-standard toboggans are prohibited.
• Toboggans with pointed ends and over 2.5kg are unacceptable.
• Do not have more than one person in the toboggan at any one time.
• Do not form toboggan trains (linking people of separate toboggans).
• Remain seated with feet first at all times while tobogganing.
• Ensure there are no people in your path and remain in control of the toboggan.
• Once you have finished your run, move to the edge of the slope or magic carpet to return to the top.

EXCLUSION OF LIABILITY - WAIVER OF RIGHT TO SUE - YOUR ASSUMPTION OF RISK - THESE CONDITIONS AFFECT AND RESTRICT YOUR LEGAL RIGHTS.

Alpine Resorts Victoria trading as Falls Creek Alpine Resort (ABN 33 432 219 067) (the Supplier) offers you use of recreational activity (Recreational Activities) at Falls Creek Alpine Resort (the Resort) on the terms and conditions (the Conditions) set out in this form.

The Recreational Activities are all activities undertaken at the resort, including but not limited to skiing, snowboarding, using ski lifts, snow tubing, tobogganing and snow play.

1. EXCLUSION OF LIABILITY
You may accept this offer by booking a session and wristband for Windy Corner Toboggan Slope access, or using or making use of any of the Recreational Activities. If you do any of these things, you have accepted this offer and are bound by the Conditions.

You must purchase a wristband for the session in which you wish to enter toboggan slope. Even if you fail to purchase a wristband, or to pay an applicable fee, if you use any of the facilities at the Resort or make use of any of the Recreational Activities, by such use you agree to and will be bound by these Conditions.

2. EXCLUSION OF LIABILITY
To the extent permitted by the law and in respect of any Recreational Activities, Permit Holders hereby release and discharge each of the Supplier, its personnel, contractors, 4 Site Australia Pty Ltd and any associated entities (the Released Entities and each a Released Entity) from all liability arising in relation to:
a. death;
b. the physical or mental injury of an individual (including the aggravation, acceleration or recurrence of such an injury of the individual);
c. the contraction, aggravation or acceleration of a disease of an individual;
d. the coming into existence, 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 that is or may be harmful or disadvantageous to the individual or community or that may result in harm or disadvantage to the individual or community;
e. any failure to comply with the provisions of Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law.
however it may be caused and even if caused by negligence or lack of due care and skill of the Released Entities, arising from or connected with the Recreational Activities, except to the extent that any significant personal injury suffered by, or death of, a person is caused by the reckless conduct (or any other form of gross negligence) of a Released Entity.

3. RISK WARNING AND WAIVER TO SUE.
You acknowledge that Recreational Activities and associated recreational activities are dangerous with many risks and hazards and as a consequence personal injury (including serious personal injury) and sometimes death can occur and you assume and accept all such risks and hereby waive the right to sue the Supplier, its employees, directors and
agents, for any personal injury or death suffered by you in any way whatsoever caused by or arising from your use of such services or your participation in such activities.
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012
If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 are excluded, restricted or modified in the way set out in this form, if you are killed or injured because the services provided were not in accordance with the statutory guarantees outlined below.

Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees 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
• are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
• might reasonably be expected to achieve any result you have made known to the supplier.

Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the exclusion of these statutory guarantees is brought to your attention by this form.

NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.

4. You must comply with the Alpine Responsibility Code and all signs or other directions of the Supplier. It may suspend or cancel your wristband and access to Recreational Activities at the Resort in its absolute discretion for noncompliance with the Code, these Conditions, or for reckless or careless conduct.
5. Children accessing the toboggan slope must have an adult accompany them if they are less that 135cm in height or under 3 years of age. The adult must also book and pay for the same session.
6. You must have your wristband on your wrist at all times when you are in the toboggan slope area which must be presented to the Supplier’s agent upon request.
7. No wristbands can be resold, transferred or altered in any manner. They are valid only for the date and session time purchased. The Supplier will not refund or replace any wristband if you suffer any illness or injury.
8. These Conditions may be varied from time to time. The variations will be displayed on signs at the Resort and posted on the Supplier’s Website.
9. These Conditions are to be governed by and construed first in accordance with the laws of the Commonwealth of Australia and secondly in accordance with the laws of the State of Victoria. If there is any inconsistency, the laws of the Commonwealth prevail. The courts of Victoria have exclusive jurisdiction. If any provision is determined to be void, illegal, invalid or otherwise unenforceable it shall be deemed to be deleted and the remaining provisions shall remain and continue to be valid, binding and enforceable.

PURCHASES ON BEHALF OF ANOTHER PERSON AND INDEMNITY
10. If you purchase a wristband and access for a Recreational Activity from the Supplier on behalf of another person, you make that purchase as the agent of that other person who is also bound by these Conditions and by using or making use of the Recreational Activity such person acknowledges and agrees to the Conditions as if that person had read this sign and then made the purchase. You warrant that you have that person's authority to so bind them
unless you purchase the wristband, or Recreational Activity from the Supplier on behalf a child (under 18 years) in which case you agree to fully indemnify the Supplier for all loss and damage it may suffer due to any legal proceedings being brought by or on behalf of that child against the Supplier, its employees, directors and agents, for any personal injury or death suffered by that child caused by or arising from his/her use of Recreational
Activity or participation in recreational activities.

PRIVACY STATEMENT – See www.fallscreek.com.au for the privacy statement.

TryBooking is an online system for organisations and community groups that has been designed to look after the entire event ticketing and registration needs.

All issues relating to the sale of tickets and the hosting of their associated event(s) are the responsibility of the “Event Organiser” and not that of TryBooking Pty Ltd (Australian Business Number 71126987915).

Please visit https://www.trybooking.com/info/customer-terms-and-conditions for our terms and conditions.