Terms & Conditions

Privacy Policy

Falls Creek Alpine Resort (FCAR, we, us, our) is bound by the Australia Privacy Principles in the Privacy Act 1988 (Cth) (Privacy Act). We understand the importance of, and are committed to, protecting your personal information (as that term is defined in the Privacy Act). This Privacy Policy explains how we manage any of your personal information we collect from you, including our obligations and your rights in respect of our dealings with your personal information. The privacy values embodied in this Privacy Policy are reflected in and supported by FCAR’s corporate behaviour.

How we collect your personal information

We will collect and hold your personal information in a fair and lawful manner, and not in an intrusive way. Where it is reasonably practical to do so, we will collect your personal information directly from you. We may collect the personal information you directly give us through some of the following means:

(a) when you make a booking, place an order or make an inquiry via our website;
(b) in administering and performing any contracts with service providers;
(c) when you contact us via telephone or facsimile;
(d) from correspondence (whether in writing or electronically);
(e) while conducting customer satisfaction and market research surveys;
(f) when administering any of our services; and
(g) as otherwise required to manage our business.

In certain cases we may collect personal information from publically available sources and third parties, such as suppliers, recruitment agencies, contractors, our clients and business partners. If we collect personal information about you from a third party we will, where appropriate, request that the third party inform you that we are holding such information, how we will use and disclose it, and that you may contact us to gain access to and correct and update the information.

Our Website

When you place an order / make a booking via our website, you will be asked for the following personal information: your name, email address, mailing address, delivery address and phone number. We may share this information, and only that information which is absolutely necessary, with those third parties that are involved in the processing of your order or booking; for example, the financial institution that issued your credit card and shipping carrier for delivery of your order.

We do not share, sell, rent or barter any identifiable personal information to any third party without your permission. We do not store your credit card details. When you submit feedback or questions via email, we will request your name and email address. We use this information solely to respond to your inquiries.

Types of personal information we collect

The type of personal information we may collect can include (but is not limited to), your name, postal address, email address, phone numbers and billing/credit card information . Where you do not wish to provide us with your personal information, we may not be able to provide you with requested goods or services.

Our purposes for handling your personal information

As a general rule, we only process personal information for purposes that would be considered relevant and reasonable in the circumstances. In accordance with FCAR's responsibilities, the services and functions which FCRM provide relate primarily to the areas of management and planning for the development, promotion and use of the Falls Creek Alpine Resort in accordance with the objects of the Alpine Resorts (Management) Act 1997 (Vic).

We collect, hold, use and disclose personal information to:

(a) offer and provide you with our goods and services (including to process booking inquiries and any other inquiries);
(b) carry out our statutory functions;
(c) carry out planning, funding, monitoring and evaluating services and functions (but where practicable, remove identifying details from information used for these purposes);
(d) manage and administer any goods and services we provide to you including account keeping procedures;
(e) communicate with you, including (but not limited to), emailing you tax invoices, dispatch and tracking information, returns and exchange authorisations;
(f) comply with our legal and regulatory obligations; and
(g) otherwise to manage our business.

We will not use or disclose your personal information for any other purpose unless you have consented to that use or disclosure.

We may disclose personal information between our organisations or to third parties such as our suppliers, booking agents and or property owners or managers where we are processing an accommodation inquiry for you, organisations that provide us with technical and support services, or our professional advisors, where permitted by the Privacy Act. If we disclose information to a third party, we generally require that the third party protect your information to the same extent that we do.

Protection of personal information

We will hold personal information as either secure physical records, electronically on our intranet system, in cloud storage, and in some cases, records on third party servers . We maintain appropriate physical, procedural and technical security for our offices and information storage facilities so as to prevent any loss, misuse, unauthorised access, disclosure, or modification of personal information. This also applies to disposal of personal information. We further protect personal information by restricting access to personal information to only those who need access to the personal information do their job. Physical, electronic and managerial procedures have been employed to safeguard the security and integrity of your personal information.

We will destroy or de-identify personal information once it is no longer needed for a valid purpose or required to be kept by law. We only retain information for the period authorised by the Public Records Act 1973 (Vic).

Direct marketing

Like most businesses, marketing is important to our continued success. We therefore like to stay in touch with you and to let you know about new opportunities and activities we are conducting. We may provide you with information about new products, services and promotions either from us, or from third parties which may be of interest to you.

We will not disclose your personal information to third parties for marketing purposes without your consent.

You may opt out at any time if you no longer wish to receive commercial messages from us. You can make this request by contacting our Privacy Officer.

Accessing and correcting your personal information

You may contact our Privacy Officer to request access to the personal information that we hold about you and/or to make corrections to that information, at any time. On the rare occasions when we refuse access, we will provide you with a written notice stating our reasons for refusing access. We may seek to recover from you reasonable costs incurred for providing you with access to any of the personal information about you held by us.

We are not obliged to correct any of your personal information if we do not agree that it requires correction and may refuse to do so. If we refuse a correction request, we will provide you with a written notice stating our reasons for refusing. We will respond to all requests for access to or correction of personal information within a reasonable time.

Overseas transfers of personal information

As at the date of this Privacy Policy, we are not likely to disclose your personal information to overseas recipients. If in future we do propose to disclose personal information overseas, we will do so in compliance with the requirements of the Privacy Act. We will, where practicable, advise you of the countries in which any overseas recipients are likely to be located. If you do not want us to disclose your information to overseas recipients, please let us know.

Resolving personal information concerns

If you have any questions, concerns or complaints about this Privacy Policy, or how we handle your personal information, please contact our Privacy Officer:

The Privacy Officer
PO Box 50, Falls Creek Vic 3699 Australia
Telephone: 03 57581200
Facsimile: 03 57583415
Email: [email protected]

We take all complaints seriously, and will respond to your complaint within a reasonable period.

If you are dissatisfied with the handling of your complaint, you may contact the Office of the Australian Information Commissioner:

Office of the Australian Information Commissioner
GPO Box 5218
Sydney NSW 2001 Australia
Telephone: 1300 363 992
Email: [email protected]

Changes

We reserve the right to change the terms of this Privacy Policy from time to time, without notice to you. An up-to-date copy of our Privacy Policy is available on our website. The last update to this document was 13/05/2015

Resort Entry Season Vehicle Permit 2025

RESORT ENTRY VEHICLE SEASON PERMIT 2025

Important Conditions of Purchase

These terms and conditions of purchase (Conditions) apply to permits purchased for general resort entry to the Falls Creek, Mt Buller, Mt Stirling, Mt Hotham, Mt Baw Baw or Lake Mountain Alpine Resort Crown Land Reserves available for purchase online at each of the following resort websites (Websites):

A Resort Entry Vehicle Season Permit (Permit) can be used during the 'snow season' as declared by Alpine Resorts Victoria pursuant to the Alpine Resorts (Management) Regulations 2020 (Declared Snow Season).

Alpine Resorts Victoria seeks to ensure that all vehicles entering one of its resorts pay the appropriate resort entry fee. Under Part 19, section 1 of the Alpine Resorts (Management) Regulations 2020 it is an offence to enter the resort without paying the fee, with some exceptions as outlined in the Alpine Resorts (Management) Regulations 2020 that includes vehicles transiting Mt Hotham resort WITHOUT STOPPING.

Vehicles transiting the Mt Hotham resort without stopping do not require a Permit. Transiting the resort is defined as entering the resort from one point (Buckland Gap or Mother Johnson) and exiting from the other within the allowable transit time and without stopping. The allowable transit time is determined by the weather and traffic conditions at the time of transit.

If one of the events in Condition 19 occurs, the Permit Holder will be entitled to apply for a refund as follows:

a) a full refund of the price of the Permit if the Permit Holder has not had access to the Resort within the Declared Snow Season; or

b) a proportionate refund of the price of the Permit will be provided in accordance with the pro-rata refund Schedule below:

Number of Days Permit Used at the Resort	Refund percentage (of purchase price)
1 day	90%
2 days	80%
3 days	70%
4 days	60%
5 days	50%
6 days	40%
7 days	30%
8 days	20%
9 days	10%
10 days +	0%

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012

If you sign or otherwise accept 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
are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier
might reasonably be expected to achieve any result you have made known to the

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.

All Resorts Season Permit 2025

Important Conditions of Purchase

These terms and conditions of purchase (Conditions) apply to permits purchased for general resort entry to the Falls Creek, Mt Buller, Mt Stirling, Mt Hotham, Mt Baw Baw and Lake Mountain Alpine Resort Crown Land Reserves (together the Resorts and each a Resort) available for purchase online at each of the following Resort websites (Websites):

An All Resorts Entry Vehicle Season Permit (Permit) can be used during the 'snow season' as declared by the Alpine Resorts Victoria pursuant to the Alpine Resorts (Management) Regulations 2020 (Declared Snow Season).

Each Permit issued by Alpine Resorts Victoria (Supplier) is subject to the following
Each Permit entitles the relevant holder of the Permit (Permit Holder) to access the Resorts during the Declared Snow Season.
The Resort through which the Permit Holder purchased the Permit is the Permit Holder's principal Resort (Principal Resort). The Principal Resort assumes responsibility for management of the Permit, including administration, and associated fees and refunds (where applicable under these Conditions)
The price of the Permit can be found on any of the Websites as well as the Alpine Resorts Victoria website located here: https://www.alpineresorts.vic.gov.au/. No Permit will be issued unless and until the Supplier has received payment of the price in full. A Permit Holder must ensure that the Permit is affixed to the lower driver’s side of the front windscreen of the vehicle listed on the Permit and with the expiry date clearly visible before entering into the Resort – Regulation 20(4) Alpine Resorts (Management) Regulations 2020. A Permit Holder may be refused entry to the Resort if the Permit cannot be shown at the time of entry and/or receive a fine for failure to display the permit as prescribed under the Alpine Resorts (Management) Regulations 2020 (Vic).
The Permit is only available in respect of privately registered motor vehicles (less than 10 seating capacity), excluding commercial motor vehicles. Commercial motor vehicles include any motor vehicles which are used or intended to be used for carrying passengers for hire or reward. In relation to trailers:

- a) For Falls Creek Alpine Resort, a Permit Holder who has a trailer must stop at Howman’s Gap Ticket Box to purchase a separate Permit for the trailer, which will attract an additional fee in accordance with these Conditions. Trailer access will be determined by the Supplier and are subject to road and access conditions. For the avoidance of doubt, trailers must not enter the Resort during the Declared Snow Season without express permission from the Supplier; and
- b) For all other Resorts, trailers are not permitted when chains are being fitted as per the Resorts declaration.

Village Access

- a) For the sake of clarification, the Permit only entitles the Permit Holder access to the Resorts' car parks. However, subject to clause 6.b, where these car parks are in the Resort village (Mt Hotham), village access is not restricted.
- b) Falls Creek Alpine Resort: The Permit does not allow village access other than in instances of low or no snow on the village roads in which case the Supplier may determine (in its absolute discretion) to allow access for a maximum 30 minute baggage drop off..

Where a vehicle with a Permit is sold, damaged or the windscreen broken, the Permit must be removed and the Permit (or as much of the Permit that remains intact, which if possible, should include the Permit number) returned to the Supplier for a replacement. For the avoidance of doubt, a Permit is not subject to a refund in such an event. A replacement Permit will only be issued to a vehicle registered in the same name as the original Permit and proof of ownership via registration papers must be produced. The fees for Permit replacement are set by the Principal Resort and can be found on the Resorts’ Websites.
The Permit:

- a) remains the property of the Supplier, is not transferable and cannot be resold;
- b) is valid only for the date/s shown on the Permit and, subject to clause 7, in respect of the vehicle shown on the Permit (note that the registration number on the Permit must not be altered);
- c) is void if the seal is broken; and
- d) will be delivered to the Permit Holder, or must be collected by the Permit Holder from the Principal Resort (during the operating hours set out on the relevant Website), as specified on the relevant Website during checkout.

The Supplier may at its discretion withdraw or cancel any Permit or refuse entry to any or all of the Resorts if it determines, in its reasonable opinion, that a Permit Holder has breached any of these Conditions in a material respect.
The Permit Holder acknowledges and agrees that due to the nature and location of the Resorts, access to any or all of the Resorts during the Declared Snow Season may be impacted from time to time by weather and access conditions which are outside of the Supplier's reasonable control. Subject to Conditions 13 and 29, the Supplier will not be liable to any Permit Holder for any loss or damage (including, but not limited to, indirect or consequential loss or damage, for example, but not limited to, travel and accommodation costs) suffered as a result of or arising from the closure of a Resort for any reason) including but not limited to road closures.
Except as set out in Condition 13, and subject to Condition 29, the Supplier will not be liable to refund payments made for Permits under any circumstances, including, but not limited to:

- a) the Permit Holder's change of mind;
- a Force Majeure Event (other than as outlined in Condition 13) including:
  - i) fire or explosions;
  - ii) earthquake or major earth tremor;
  - iii) tempest, hurricane or cyclone;
  - iv) flood;
  - v) avalanche or landslide;
  - vi) lightning strike;
  - vii) industrial strike;
  - viii) sabotage, vandalism and malicious damage;
  - ix) war and hostilities and civil war; and
  - x) anything else outside of the Supplier's reasonable control, whether similar to the matters above or not;
- c) poor snow conditions;
- d) other facilities within a Resort not operating or open (for example the village shuttle service not operating);
- e) where the lift service is not operational (other than as set out in Condition 11.b); or
- f) any other circumstance beyond the reasonable control of the Supplier.

Subject to Condition 13, the Supplier is excused from performing its obligations under these Conditions to the extent caused by a Force Majeure Event (as set out in Condition b).
Subject to Conditions 14 to 17 (inclusive), the Supplier will refund Permit Holders for payments made for Permits only in the following limited circumstances:
- a) where the Supplier is required by law to provide a refund, in which case such refund will be provided in accordance with those laws;
- b) if the Supplier chooses to close at least three of the Resorts at any time during the Declared Snow Season, which must include the Principal Resort (Applicable Resorts) for operational, safety or maintenance reasons;
- c) if the Applicable Resorts are forced to close at any time during the Decclared Snow Season due to a Government Directive;
- d) if the Victorian Government has issued "stay at home orders" or the Permit Holder has been required by law to isolate at any time during the Declared Snow Season;
- e) if the lift operators at the Applicable Resorts make the determination not to operate the lifts for an extended period of time at any time during the Declared Snow Season due to COVID19 and / or a Government Directive; or
- f) if direct access to the Applicable Resorts is closed to the general public due to a directive from state government or emergency declaration at any time during the Declared Snow Season. For the avoidance of doubt this does not include closures due to an accident, bad weather or the like.

If one of the events in Conditions 13.b - 13.f occur, the Permit Holder will be entitled to apply for a refund as follows:

a) a full refund of the price of the Permit if the Permit Holder has not had access to any Resorts within the Declared Snow Season; or

b) a proportionate refund of the price of the Permit will be provided in accordance with the Pro rata refund Schedule below:

Number of Days Permit Used at any Resort	Refund Percentage (of purchase price)	Online Refund
1 day	93%	$891
2 days	86%	$840
3 days	79%	$770
4 days	72%	$704
5 days	65%	$633
6 days	58%	$567
7 days	51%	$497
8 days	44%	$429
9 days	37%	$360
10 days	30%	$292
11 days	23%	$224
12 days	16%	$156
13 days	9%	$87

14 days +

0%

$0

The payment of a refund to Permit Holders under Condition 14 is conditional on the Permit Holder:

- a) applying for a refund by 19 October 2025 via the channel advised on the Website of the Permit Holder's Principal Resort;
- b) providing proof of purchase of the Permit;
- c) returning the Permit to the Supplier via registered post (at its cost) within two weeks of receiving confirmation by the Supplier that the Purchaser has met the refund conditions; and
- d) if Condition 13.d applies, providing a statutory declaration confirming that the Permit Holder was subject to a stay at home order or was required by law to isolate during any period of the Permit (if requested by the Supplier).

For the avoidance of doubt, refunds will not be automatically processed if an event described in Condition 13.d occurs. All Permit Holders seeking a refund must apply for the refund in accordance with the process in Condition 15 above (unless otherwise required by law).
Refunds will only be processed by the Supplier on receipt of the returned Permit as required under Condition c (and provided Conditions 13 and 15 have been met). Refunds can take up to 14 business days to show in an account. Refunds will not be provided for fees such as third- party service and delivery fees, postal charges, bank fees and other third party charges. Interest will not be payable in respect of any monies refunded. No refunds will be made for Permits which, for any reason, were provided free of charge.
At all times while in the Resort, the Permit Holder must comply with:
- a)

- the Alpine Responsibility Code which is available at www.fallscreek.com.au/AlpineResponsibilityCode;
- b) the Alpine Resorts (Management) Act 1997 and associated regulations;
- c) Alpine Resorts (Management) Regulations 2020;
- d) any directive made under the Public Health and Wellbeing Act 2008 (Vic); and
- e) all signs (including during hours of darkness) or other directions of the Supplier or any of its employees and agents.

Permit Holders acknowledge and agree that:

- a) ski lifts at the Resorts may be owned and operated by the Supplier or by an independent third party;
- b) purchasing a Permit does not guarantee that ski lifts will be operational or that ski lift passes will be available for purchase;
- c) subject to clause 29, the Supplier will have no liability to the Permit Holder for any unavailability of ski lift passes or inability to use the ski lifts.

- a) the Permit Holder may not be admitted to the Resorts; and
- b) the Supplier may not be able to provide the Permit Holder with information about products and services that the Permit Holder may want, including information about discounts, sales or special promotions and / or notification about Resort closure or accessibility (as applicable) as set out in Condition 21.
  The Supplier may disclose the personal information it collects to its employees, related bodies corporate, contractors and service providers (including, but not limited to, research, marketing and promotional organisations). The Supplier is not likely to disclose the information to overseas recipients.
  
  The Supplier's privacy policy in respect to each Resort can be found on the Resort’s Website and contains more details about:

- - i) the personal information it collects and how that information is dealt with;
  - ii) how a Permit Holder may access the personal information which the Supplier holds about them and seek correction of that information; and
  - iii) how a Permit Holder may complain about a breach of the Australian Privacy Principles and how the Supplier will deal with such a complaint.

Alternatively, to find out more about how the Supplier collects and uses personal information, contact our Privacy Officer at 19 Highett Street Mansfield 3722, or email [email protected].
Unless a Permit Holder advises the Supplier to the contrary, the Permit Holder consents to receiving future promotional and marketing material from the Supplier and its related entities, including, but not limited to, via electronic messages (e.g. email, SMS etc). If a Permit Holder does not wish to receive promotional and marketing material, they should select the unsubscribe option where applicable or contact the Privacy Officer using the details set out in Condition 25.
Permit Holders acknowledge and agree that any part or parts of these Conditions which contravene the law of a relevant jurisdiction and are not enforceable may be read down and are severable and do not invalidate the remaining conditions.
These Conditions are governed by the laws in force from time to time in Victoria. The parties submit to the exclusive jurisdiction of the courts of Victoria.
The Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) (Australian Consumer Law) provides Consumers (as that term is defined in the Australian Consumer Law) with a number of protections and Consumer Guarantees that cannot be excluded or limited (Non-Excludable Rights). Other than as set out in Condition 33 and 34, these Conditions, and in particular any limitations of liability set out in these Conditions, are therefore subject to, and will not apply to the extent that they limit or exclude, such Non- Excludable Rights
Subject to Condition 29, the Supplier excludes:

- a) any term, condition or warranty that may otherwise be implied into these Conditions;
- b) any liability for loss, death or personal injury incurred as a result of or in connection undertaking activities at any Resort, except to the extent caused by the Supplier;
- c) any liability for damage to a Permit Holder's property as a result of or in connection with undertaking activities at any Resort, except to the extent caused by the Supplier; and
- d) any liability for indirect or consequential loss (such as loss of profits, loss of revenue and loss of opportunity).

Permit Holders indemnify the Supplier, its personnel, contractors, and any associated entities (Indemnified Parties) against all loss, liability, damage or expense incurred by any of the Indemnified Parties in connection with undertaking activities at any Resort, to the extent caused by the Permit Holder. However, the Permit Holder's liability under this clause 31 will be reduced to the extent the loss, liability, damage or expense is caused or contributed to by an Indemnified Party. The Supplier holds the benefit of this indemnity on its own behalf and on behalf of each Indemnified Party.
Permit Holders consent to receive and agree to pay for any medical or hospital treatment (including without limitation, ambulance transportation) which is considered in the opinion of the Supplier or its personnel to be advisable while at the Each Permit Holder indemnifies and will keep indemnified on demand the Supplier for all costs associated with any medical treatment required.

33. RISK WARNING – Alpine Resort Conditions

- a) To the maximum extent permitted by law, parking of vehicles at any Resort is at your own risk. The Supplier accepts no liability for damage or loss that may occur to your vehicle while parked at any Resort (except, subject to Condition 33.b, where such loss or damage is directly caused by the Supplier).
- b) Resort operations involve heavy snow clearing machinery operating in difficult conditions. Incidental damage to vehicles can occur from time to time if vehicles are not parked correctly or Permit Holders do not follow the directions of the Supplier. In such circumstances the Supplier will not be responsible for any loss or damage that occurs during this process (except where such loss or damage is a result of the Supplier's negligence or wilful misconduct).
- c) Condition of roads and road surfaces is highly dynamic based on weather, visibility, snow clearing, treatment and surface integrity. The Supplier does not make any guarantee as to the suitability of the roads and car parks for specific vehicles nor guarantee levels of hazard reduction. All Permit Holders must follow any directions provided by the Supplier, including directions regarding the fitting of chains. Permit Holders acknowledge and agree that such directions are necessary to manage and mitigate risks based on the circumstances and conditions at the time.
- d) Where circumstances arises such that the Supplier forms the view that there is a risk to you or other Permit Holders (e.g. if a vehicle falls off a road, becomes trapped or is otherwise located in a position that poses a risk to you or other Permit Holders), the Supplier or a nominated third party may move your vehicle or take any other action that it considers reasonably necessary at the time in order to remove or mitigate such risk. The Supplier will not be responsible for any loss or damage that occurs during this process (except where such loss or damage is a result of the Supplier's negligence or wilful misconduct).
- e) Walking within an alpine village has inherent risks due to the prevalence of snow and ice. The Supplier does not make any guarantee as to the hazard status of public access areas that are highly impacted by weather conditions. Permit Holders must use extreme caution and take appropriate hazard reduction measures (such as boot chains) to ensure you can safely navigate these areas.
- f) Resort roads are shared zones with over snow machinery, skiers and walkers. Permit Holders must use extreme caution at all times when navigating these areas.

1. RISK WARNING – Recreational Activities

This risk warning applies in relation to any activity undertaken at a Resort in connection with the Permit, including but not limited to skiing, snowboarding, using ski lifts, snow tubing, tobogganing and snow play (Recreational Activities).

- a) 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, and any associated entities (the Released Entities and each a Released Entity) from all liability arising in relation to: death;
- b) the physical or mental injury of an individual (including the aggravation, acceleration 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.

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012

If you sign or otherwise accept 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:

a) are rendered with due care and skill; and
b) are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
c) might reasonably be expected to achieve any result you have made known to the

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.

Windy Corner Toboggan Park

All Participants:

Participants must have a valid booking confirmation and have acknowledged terms and conditions prior to entry of the Toboggan Park
Participants are required to present their booking confirmation at the Toboggan Park entry.
Participants must follow all Safety Guidelines of the Toboggan Park as outlined in these terms and conditions, signage at the Toboggan Park and on https://www.fallscreek.com.au/tobogganing/
Use of the toboggan slope and magic carpet at Windy Corner is free, however all users must make a booking before entering the Windy Corner toboggan park via https://fallscreek.com.au/toboggan-booking-form. Booking times are in 50-minute slots and riders must exit the park promptly to allow for the following group of users o enter the park.
To ensure a safe park, usage is limited to 50 people per session.
Guests should arrive 10 minutes prior to their allocated time slot. Guests arriving after 15 minutes of their allotted timeslot are not guaranteed access and allocations may be given to another user.
All children 13 years or under must be accompanied by a supervising guardian aged 16 or older. This guardian must be present in the Toboggan Park.
Participants must adhere to specific requirements around the type of toboggan able to be used. The only crafts allowed are moulded plastic toboggans, approved by Falls Creek Alpine Resort (FCAR). These do not include:

9. Always obey signs and the direction and requirements of Toboggan Park staff.

10. Toboggans are strictly limited to one person on the toboggan at a time, unless a child under 135cm is being accompanied by an adult.

11. Do not form toboggan trains (linking people on other toboggans)

12. Riders must always toboggan feet first and always remain in control of your craft to avoid contact with other users in the toboggan area.

13. FCAR recommends the use of helmets and protective clothing whilst in the toboggan park.

14. When the Magic Carpet is in operation users should always use the magic carpet to get back up the slope and not walk back up the slope to avoid accidents. Users must remain standing on the magic carpet at all times.

15. In the event of poor weather or unsafe snow coverage, the toboggan park may be closed at the discretion of FCAR. Guests with affected bookings will be notified by email and refinded accordingly.

16. Entry to the park is via the signed entrance from Bogong High Plains road, above the magic carpet.

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.

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.

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:

death;
the physical or mental injury of an individual (including the aggravation, acceleration or recurrence of such an injury of the individual);
the contraction, aggravation or acceleration of a disease of an individual;
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;
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.

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.

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.
Children accessing the toboggan slope must have an adult accompany them if they are less that 100cm in height or under 3 years of age. The adult must also book and pay for the same session.
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.
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.
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.
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

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.

Social Media House Rules

Falls Creek Alpine Resort ABN 33 432 219 067 ("FCAR", "we", "us") uses its websites and various social media channels, including Facebook and LinkedIn, to publish information about our organisation and to engage with our stakeholders and the community.

We encourage you to visit and use our social media pages and interactive parts of our websites ("social media channels") to provide us with feedback and engage in discussion with other users on matters that relate to our organisation or the subject matter of the relevant social media channel.

We have developed these house rules to explain how we manage our social media channels.

By using our social media channels and/or groups moderated by us on any of these channels you agree to comply with these rules.

Rules for using our social media channels/and or groups moderated by us on any of these channels

When you post or comment, you must:

be honest and genuine about any opinions you express;
represent your own views - in particular, you must not:
- impersonate or falsely represent any other person, organization or group that you are not authorised to represent; or
- misrepresent or misleadingly conceal any relevant affiliation that you have with any group or organisation;
be polite and respectful in your interactions with other users; and
comply with applicable laws in Australia and any other relevant country, including by ensuring that you have all necessary rights and permissions to any content or information that you choose to post.

We do not permit any comments or posts (or any other uses of our social media channels) that:

are factually inaccurate or misleading (whether deliberately or unintentionally);
deliberately spread misinformation that is unproven or unsupported;
involve trolling or other deliberately disruptive or inflammatory behaviour (including the use of insulting, provocative or hateful language);
constitute spam or are otherwise repetitive in nature (including where a user makes repeated posts expressing the same view or opinion);
are not relevant to our organisation or the subject matter of the social media channel;
are discriminatory in any way (including on the grounds of race, sex, religion, nationality, disability, religion or belief, sexual orientation or age);
constitute bullying or are likely to harass, upset, alarm, disrupt, or cause distress;
are insulting, offensive, abusive, violent, defamatory, slanderous or threatening to any individual, organisation or group of people;
make unproven or unsupported allegations against an individual, organization or group of people;
contain or link to spam, viruses or harmful code or sexually explicit, obscene, indecent or otherwise objectionable content;
reveals private information about an individual, or confidential information of any person or organisation, without their consent;
infringes the rights (including intellectual property rights or privacy rights) of any other person or entity;
breaches any applicable laws, rules and regulations, or the terms of use and policies of the relevant social media platform;
contain promotional, sales, marketing, fundraising or advertising material for any other business that we have not approved; or
promote political campaigns or involve overtly political content.

We also do not permit the use of bots to engage with our social media channels and we reserve the right to block bot accounts and delete any comments or posts from bot accounts.

Our social media channels are public forums. If you are concerned about the visibility of any of your posts or comments we encourage you to use the privacy settings available to you on the relevant social media platform.

Posting details of any conversations you have had with others outside of the social media channel (for example, in offline discussions or email correspondence) is prohibited unless you have the prior written consent of all relevant parties to those conversations/correspondence to do so.

We reserve the right to:

treat any comments or posts on our social media channels as non-proprietary and non-confidential; and
collect, use, disclose and reproduce such comments and posts for our general business purposes, commercial or otherwise, without any requirement to provide attribution or compensation to you.

Our content moderation policy

While we welcome your opinions and encourage you to engage in robust discussion, we reserve the right to review and moderate any content that is posted to our social media channels and/or groups moderated by us on any of these channels, including comments and replies.

We may (with or without prior notice to you):

temporarily or permanently hide, remove or delete your comment or post if it breaches these rules, is factually inaccurate or is otherwise unlawful or objectionable;
refuse to approve your post or comment (if the post or comment is subject to a pre-approval requirement); or
restrict or block you (or otherwise suspend or terminate access) if you repeatedly or seriously breach these rules or infringe the rights of others.

We also reserve the right to investigate any reported or suspected breach of these rules (or any other use of our social media channels that is objectionable or unlawful) and take such actions as we consider appropriate following the investigation, including (but not limited to):

providing your identity and/or contact details to another user who has made credible allegations that you have defamed them or otherwise infringed their rights; and
reporting any unlawful conduct to the appropriate authorities and otherwise taking appropriate legal action.

If we consider that a particular conversation or topic is not relevant or appropriate for our social media channel (or has become repetitive), we reserve the right to remove the relevant posts and comments and ask the relevant users to move their conversation to a different forum. We are not responsible for resolving disputes between you and other users.

Please contact our social media team (using the details below) if you wish to complain about a post or comment, or if you think we've made a mistake about a particular content moderation decision. However, we reserve the right to make the final decision on all content moderation issues.

Our social media team checks our social media channels periodically, as we consider necessary and appropriate. However, we do not guarantee that our social media pages will be monitored or moderated continuously or during any particular hours.

How to contact us

If you have any questions, concerns or complaints you can contact our social media team at: [email protected].

If you are making a complaint about a particular post or comment, we ask that you identify the relevant post or comment and explain the reason for you complaint. We may ask you to provide further details to help us with assessing your complaint.

Our social media team aims to respond to all complaints and queries in a timely manner.

Other matters

When using our social media channels, please be aware of the following:

Social media platform terms. The social media platforms that we use have their own terms and conditions, content moderation policies and privacy policies. We encourage you to familiarise yourself with these terms and policies, as they will apply in addition to our social media house rules. We are not responsible for any content moderation decisions or other actions taken by the platform provider.
Content posted by other users. The views expressed by other users in their posts and comments are the views of those users, and should not be assumed to reflect our views or have our endorsement. We do not guarantee that any information posted by other users is accurate, complete, reliable or up-to-date.
Following and sharing. If our social media account responds to your post, comment or account on the platform (e.g. a "like", share, follow, re-tweet etc), this should not be assumed to constitute our endorsement.
Third party content and links. Our social media channels may display content from third parties or contain links to websites operated by other organisations and individuals which have been posted by us or other users. This does not constitute our endorsement, approval or recommendation of the third party content or website.
Privacy Policy. Your use of our social media channels is also subject to our Privacy Policy, which is available on our website https://www.fallscreek.com.au/privacy-policy/).

Changes to these rules

We may revise these rules at any time by publishing the amended version on our website at www.fallscreek.com.au.

We encourage you to periodically check back for changes and, if you do not agree with any of the changes, cease using or accessing our social media channels. By continuing to use our social media channels after such changes are published, you agree to comply with the updated rules.

Version Date: August 2022

Newsletter Subscriptions

When requesting a free subscription to the Falls Creek newsletter, information collected will not be provided to any third party except authorised FCAR representatives. Information is used to send newsletters and may be used from time to time to send other marketing and promotional material about Falls Creek. Users are able to opt out of receiving information by unsubscribing their contact details at any time.

Website Terms and Conditions and Accommodation Enquiry/Booking Requests

Website Statistics

FCAR tracks some visitor information such as the number of times users visit pages within the website, the length of time spent within the website and other relevant information to assist in statistical collection for analysis. Information collected in this manner is used in aggregate form only and no data which may identify individuals is collected. This information is used in decision making around the management and strategic direction of the website.

Surveys & Competitions

At various times FCAR may conduct online competitions or surveys to assess specific issues, for example guest satisfaction. The type of survey questions asked may change however may include information such as age bracket, usual postcode of residence and ratings of various service levels, activities or events. All information provided remains confidential and will not be sold to third parties. High level aggregate data or non-personally identifiable information (for example guest feedback) may be shared with interested parties. Any contact information or personally identifiable data collected to verify or validate survey responses remains confidential unless otherwise agreed between FCAR and the individual concerned.

Contacts

Copyright Notice

This website and all it’s components (including images, audio, video and text) are subject to the provisions of the Copyright Act 1968. When you access the information, images, products and services contained in the website, you agree to retrieve, download or print out for your personal, non-commercial use only and cannot modify, copy or reproduce this information without written permission from Falls Creek Alpine Resort Management Board.

All requests and enquiries regarding reproduction rights should be directed to:

Falls Creek Alpine Resort
PO Box 50
Falls Creek Vic 3699
Phone: 03 5758 1200
Fax: 03 5758 3415
Email: [email protected]

Merchandise Refund Policy

Falls Creek Alpine Resort (FCAR)

This Refund Policy ("Policy") applies to the following purchases: Falls Creek Alpine Resort Merchandise

(1) CUSTOMER SATISFACTION IS OUR PRIORITY

At Falls Creek Alpine Resort (FCAR), customer satisfaction is our priority.

We offer refunds, repairs and replacements in accordance with the Australian Consumer Law and on the terms set out in this Policy.

Any benefits set out in this Policy may apply in addition to consumer's rights under the Australian Consumer Law.

Please read this Policy before making a purchase, so that you understand your rights as well as what you can expect from us in the event that you are not happy with your purchase.

(2) AUSTRALIAN CONSUMER LAW

(a) Under the Australian Consumer Law:

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

(b) We offer refunds, repairs, and replacements in accordance with the Australian Consumer Law.

(c) The Australian Consumer Law provides a set of Consumer Guarantees which protect consumers when they buy products and services.

(d) If the Australian Consumer Law applies, then we cannot avoid the Consumer Guarantees which it provides. If there is an inconsistency between this Policy and the Australian Consumer Law, the Australian Consumer Law will prevail.

(e) Further information about the Australian Consumer Law and these Consumer Guarantees is available from the website of the Australian Competition and Consumer Commission.

(f) If a product or service which you purchased from us has a major failure (as defined in the Australian Consumer Law) then you may be entitled to a replacement or refund. You may also be entitled to compensation for any reasonably foreseeable loss or damage resulting from that major failure.

(g) If a product or service which you purchased from us has a failure which does not amount to a major failure (as defined in the Australian Consumer Law) then you may still be entitled to have the goods repaired or replaced.

(3) PURCHASE LIMITS

Purchase limit of maximum (4) pieces of the one item.

(4) CHANGE OF MIND

We do not offer any refund if you simply change your mind, or find the same product or service cheaper elsewhere.

(5) EXCEPTIONS

Notwithstanding the other provisions of this Policy, we may refuse to provide a repair, replacement or refund for a product or service you purchased if:

(a) You misused the said product in a way which caused the problem.

(b) You knew or were made aware of the problem(s) with the product or service before you purchased it.

(c) You asked for a service to be done in a certain manner, or you asked for alterations to a product, against our advice, or you were unclear about what you wanted.

(d) Any other exceptions apply under the Australian Consumer Law.

(6) SHIPPING COSTS FOR RETURNS

(a) In the event that a product you purchased fails to meet one or more Consumer Guarantees under the Australian Consumer Law we will bear any costs of shipping the said product (the "Returned Product") back to us, as well as any costs of shipping any replacement product to you.

(b) If the Returned Product can easily be posted or returned, then you are responsible for organising for the Returned Product to be returned to us. If the Returned Product is eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law) then we will reimburse you for the reasonable postage, shipping or transportation costs for the Returned Product.

(c) If the Returned Product is too large, too heavy, or otherwise too difficult to be removed and returned by you, and is believed to be eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law), then we will organise for the postage, shipping, transportation or collection of the Returned Product, at our cost.

(d) In the event that we organise and pay for the inspection, postage, shipping, transportation or collection of a Returned Product, and it turns out not to be eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law), then you will be required to pay the costs of any inspection, postage, shipping, transportation or collection of the Returned Product.

(7) REFURBISHED PRODUCTS

Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.

(8) ASSISTANCE FROM MANUFACTURERS

(a) In some cases, manufacturers may provide assistance in relation to their products, and they may be able to resolve your issue more quickly.

(b) In some cases, manufacturers may provide warranties for their products, which go beyond the Consumer Guarantees under the Australian Consumer Law or any other rights which you may have under this Policy.

(c) You are not obliged to contact the manufacturer directly in order to seek a repair, replacement or refund. However, you may do so if you wish.

(9) RESPONSE TIME

We aim to process any requests for repairs, replacements or refunds within 30 days of having received them.

(10) HOW TO RETURN PRODUCTS

(a) You may contact us to discuss a return using the details at the end of this Policy.

(b) We will pay any refunds in the same form as the original purchase or to the same account or credit card as was used to make the original purchase, unless otherwise determined in our sole discretion.

(c) You must provide proof of purchase in order to be eligible for a refund, repair or replacement.

(d) You may be required to present a government issued identification document in order to be eligible for a refund, repair or replacement.

(e) You may return products to the following address:

Falls Creek Alpine Resort
1 Slalom Street
Falls Creek VIC 3699

(11) CONTACT US

If you wish to speak to us about this Policy or about any refund, repairs or replacements, you may contact us at:

[email protected] or call 03 5758 1200

Child Protection Policy

Wifi Hotspot Access

Falls Creek Alpine Resort (FCAR) Location Where Used Wi-Fi Hotspot

Terms and Conditions

The Falls Creek Alpine Resort Hotspot End User Terms and Conditions (“Terms”)

This is a free Hotspot wireless internet service (the “Service”) provided by Falls Creek Alpine Resort (“FCAR”) for use by the public. The SSID for this service is FCAR-##########

FCAR may change these Terms at any time. By accessing the Service you accept the terms and conditions below.

You acknowledge and agree that:
1. you are responsible for providing your own wireless enabled device capable of accessing the Service with its own power source. FCAR is not obliged to provide power, advice or assistance for the Service;
2. the Service may be withdrawn, changed or your access blocked at any time without notice. Sessions may be terminated without notice at the discretion of FCAR;
3. session time, IP details and web usage tracking apply to your use of the Service. Your device IP may be recorded. How this information is used by FCAR is its absolute discretion and without notice to you;
4. the Service may not be used for commercial or business purposes. The Service may only be used for temporary internet access for searching for Falls Creek information, leisure and entertainment. You may not sell or re-sell the Service;
5. You are responsible for the security, privacy and backing up of your information transmitted using the Service;
6. you are responsible for all consents, royalties and fees related to third party materials used via the Service;
7. you must be at least 18 years of age to use the Service, and FCAR is entitled to request you to provide photographic ID as proof of age at any time; and
8. your use of the Service must:
8.1. not interfere with the normal operation of the Service or equipment used in providing the Service;
8.2. be in accordance with all applicable laws and;
8.3. not expose any minor to material that is unsuitable for minors.

FCAR’s liability
9. Your use of the Service is entirely at your own risk. FCAR excludes:
9.1. all liability to you in contract for consequential or indirect damages arising out of or in connection with the Service even if FCAR was aware they were possible or otherwise foreseeable including, without limitation, lost profits and damages suffered as a result of claims by any third person; and
9.2. all liability to you in negligence for acts or omissions of FCAR or its employees, agents or contractors arising out of and in connection with the Service;
10. without limiting FCAR’s rights to do so, FCAR is not obliged to supervise, edit or control the content accessed through the Service, but may choose to do so. FCAR disclaims all liability for material you access via the Service that You or any other reasonable person would find offensive (e.g. pornography), upsetting, defamatory or unsuitable for minors. You agree to take reasonable steps to avoid such content while using the Service; and
11. you agree to indemnify FCAR from any losses, costs or liability FCAR may incur as a result of:
11.1. your use of the Service, including any material that you access or make available using the Service;
11.2. any breach of any aspect of these Terms and use of the Service by you (or permitted by you) involving offensive or illegal material or activities that constitute copyright infringement.

Community Gym

When you sign this Agreement you are entering into a legally binding contract with us.

This Agreement sets out your rights to use our Facilities and Services and the responsibilities you have to comply with as a Member. These responsibilities, including payment of Membership Fees, do not depend on how often you use our Facilities and Services.

What is set out in this Agreement overrides any statements made by you or us before you signed it so you should read through it fully to make sure it reflects your expectations. If you are unsure whether any particular statements that you have relied on are part of this Agreement, or if you have any queries regarding this Agreement, please ask us before you sign.

Words in Bold type and capitalised first letters are defined in clause 1 of the attached Terms.

THIS AGREEMENT IS SUBJECT TO A 7 DAY COOLING OFF PERIOD FOR SEASON AND ANNUAL MEMBERSHIPS

SUMMARY OF SOME KEY TERMS

Some of the key terms of this Agreement are summarised below. You must refer to the noted clause or provision for full details:

Cooling Off: You can cancel this Agreement within 7 days from the Start Date by giving us written notice. (See Details and clause 3).

Your Safety: You agree to give us all relevant health and fitness information before or during any exercise. Each time you use the Facilities and Services, you must ensure you are in good physical condition and know of no medical or other reason why you should not exercise. If unsure, you should seek medical guidance (see clause 5).

Access and Reciprocity: When you join as a Member you can access and use our Facilities and Services.

Cancelling for Medical Reasons: You can cancel your Membership if you sustain a serious illness or a permanent physical incapacity which is confirmed by a doctor. We reasonably agree to you paying the Administration Fee which is 10% of the Membership Fees (see clause 8).

Attachment A

TERMS AND CONDITIONS

You may be required to participate in a Member orientation to familiarise you with the Facilities and Services before you use them.

Proper Use of Equipment

You promise to take care to use the Facilities and Services safely and properly. If you are ever not sure how to operate any equipment properly, you agree to ask FCAR staff first.

FCAR Community Gym Rules
- Rules apply to everyone using the Facilities and Services. They are usually displayed in the Gym.
- Rules form part of this Agreement so you must make sure you read, understand and follow them at all times.
- If you break any of the Rules we will respond in a way we consider fair and appropriate.
- You acknowledge that the distribution or use of illegal or performance enhancing drugs is prohibited and promise that you will not use or distribute these substances in or near the Facilities and Services.
Illegal performance enhancing or other illicit substances

You acknowledge that the distribution or use of illegal or performance enhancing drugs is prohibited and promise that you will not use or distribute these substances in or near the Facilities and Services.

Commercial Activity

You acknowledge that engaging in any commercial or business activities in the Facilities and Services, such as offering training services or selling goods in the Gym is prohibited unless we grant you written permission to do so. If we do give you written permission, we can revoke this at any time.

Action for inappropriate conduct

If you behave in a risky or seriously inappropriate way, for example, if you threaten or harass others, damage equipment, distribute or use illicit substances, or train other Members without our authorisation, appropriate action will be taken. Your Membership may be immediately suspended or cancelled (with a Cancellation Fee potentially applying), you may be banned from joining the Facilities and Services and/or we may refer the matter to appropriate authorities. If your conduct causes us or another person costs, loss or damages you agree to pay for these.

Security
- The Gym may have CCTV security cameras recording 24-hours a day (except in bathrooms) and may have remote video guarding services. This system is used for security purposes but does not guarantee against harm. You should contact FCAR staff if you have questions on this.
- Emergencies

Call 000 in the event of an emergency.

Be cautious

You must be cautious when entering, leaving the Gym and using the Facilities and Services. For example, ensure you have a fully-charged mobile phone with you.

Following Directions

You agree to follow any reasonable direction of FCAR staff relating to health, safety or security matters or related matters.

Privacy
- Your personal information

From when you apply for Membership, you will need to provide us with, and we will have access to personal information about you, including information relating to your health and finances.

General consent

By signing this Agreement, you consent to us collecting, using, disclosing and dealing with your personal information in accordance with our Privacy policy.

Up to date contact information

You must tell us promptly if you change your contact details or if there is a change to other relevant personal information, including anything that may affect health or safety.

Consent to use your image

You understand that photos, films, videos or audio recordings are sometimes taken of Members for promotional purposes. Your permission will first be obtained if this is done.

Other

As noted in clause 6.1, CCTV camera recording may be used in the Gym (except in bathrooms).

Members and guests are not allowed to take photos and/or videos in Gym unless specific permission is granted by the FCRM.

When you can end this Agreement
- If you need to notify or tell us anything in writing under this clause:
  - you can give this to us in person, by e mail or post;
  - it would be useful to provide your Membership number (if you know it);
  - you must also attach any required proof such as a medical certificate.
- Cancelling for medical reasons
  - You can cancel your Membership at any time by telling us in writing if you cannot use the Facilities and Services because you have contracted a serious illness or a permanent physical incapacity during the term of your Membership. This must be certified in writing by a medical practitioner. We may contact the doctor or other professional for verification purposes.
  - If you cancel under clause 8.2(a), we can charge you the Administration Fee.
- Cancelling for reasons other than medical
  - There will be no refund of the Membership Fees.
- When can we end this Agreement
  - In addition to our other rights under this Agreement, we may cancel your Membership if you breach any obligation under this Agreement that can’t be fixed or if you breach an obligation that can be fixed but you choose not to in a reasonable time.
  - If we cancel your Membership under clause 1, you will be liable for Fees incurred, ie the Administration Fee and the Fob Key Fee. We may also recover costs, loss or damages caused by your breach.
- Fees
  - General
    - The Fees you pay for your Membership and access to the Facilities and Services are outlined in the Membership Application Form.
    - The Fees are due upfront to enable you access to the Facilities and Services.
  - Administration Fee

The Administration Fee will be incurred when your Season or Annual Membership is cancelled without any certified medical evidence of an illness or permanent injury. The Administration Fee is 10% of the Season or Annual Membership Fee.

Fob Key Fee

This is the Fee charged to buy a Fob Key and is not refundable except in accordance with clauses 3 and 8.2. If you need a replacement Fob Key a Replacement Fob Key Fee will apply.

Membership Fee

Membership Fees are outlined in the Membership Application Form.

Cancellation Fee

There is no refund for Membership Fees if you cancel your Membership for reasons other than medical that are evidenced by a certified medical practitioner.

Other Services
- There may be other services, including personal training services, offered at the Gym by us, contractors, licensees and others which are offered separately and/or in addition to services provided under this Agreement. You will need to pay applicable fees directly to the providers of the services and agree to separate terms and conditions.
- We are not responsible for these third party provided services including fees or any associated costs, claims or refunds, unless they are provided by us.
Changes to your Agreement
- We may sometimes be required to make changes to the Agreement, including our Rules. If we do this, we, will try to do so fairly and by giving you a chance to cancel your Membership if you are adversely affected by the change and do not agree to it.
- We will make reasonable efforts to tell you of any change in advance and when it will take effect.
Our Liability to You
- Statutory Guarantees
  - Under the ACL we guarantee that the Facilities and Services we supply are:
    - provided with due care and skill; and
    - reasonably for any purpose you have told us you are using the them for;
  - Under certain legislative provisions, however, we can ask you to accept some limitations to the ACL
  - If you sign this Agreement, you agree, to the extent allowed by section 139A of the CCA, to exclude or modify our liability to you for death or injury from our failure to comply with ACL
  - This exclusion does not apply if your death or injury is caused by our “reckless conduct” (as defined in the CCA).
- State based notices (Victoria)

The ACL Exclusion Notice: “Warning Under the ACL and Fair Trading Act 2012” applies if attached to this Agreement and signed by you (Attachment B).

Other implied terms

Nothing in this Agreement excludes, restricts or modifies any terms, conditions, warranties, guarantees, rights or remedies which cannot lawfully be excluded, restricted or modified. Otherwise, unless expressly included in this Agreement, all implied terms, conditions, warranties, guarantees, rights or remedies that can be lawfully excluded are excluded. In particular, but subject to clause 13.1 and 13.2, we are not liable for death or injury caused by our negligence or breach of implied terms that services will be provided with reasonable care and skill at common law. This does not exclude our liability for reckless conduct.

Loss of property

You promise not to unnecessarily bring valuables into the Gym and agree that it is not the obligation of FCAR to look after unattended property.

Your responsibility for damage

You agree to pay for any loss or damage to FCAR of the Facilities and Services caused by you or your guests through a wilful, wrongful or negligent act or as a result of your, or their, breach of the Agreement.

Closures
- We may need to close the Facilities and Services for a period of time, for example, due to an emergency, and special event, or if required by a court order or by law.
- If we close the Facilities and Services for less than 15 consecutive days, the Membership Fees will still apply. If the Facilities and Services are closed for longer than 15 consecutive days, the Membership will be extended by the same amount of days exceeding the first 15 consecutive days.
- We will endeavour to inform you of any closures at the earliest opportunity.
Complaints and Feedback
- If you have any concerns about the Facilities and Services or anything else in relation to your Membership, you should first raise it with FCAR
- If you are uncomfortable about approaching, or do not wish to approach FCAR staff in person, or are not happy with the response given, you may send a complaint to the FCAR Head Office at PO Box 50, Falls Creek VIC 3699, or by email to [email protected].
- Complains will be dealt with in accordance with the Complaints policy.
General Legal Matters
- Unexpected events

We are not responsible if Members cannot use our Gym because of an event caused by a natural force (such as a fire or a flood) or a road or building closure or something similar beyond our reasonable control. If this continues for more than 30 days, then either you or we may cancel this Agreement immediately by written notice. No Fee will apply.

Severability

If a court decides that any part of this Agreement is or becomes illegal, void or unenforceable, that part is deleted and this does not invalidate the rest of this Agreement.

Waiver

If we do not enforce our rights under this Agreement at any time, it does not mean that we may not do so in future.

Entire agreement

You agree that we have not made any representations or promises that you have relied that are not in this Agreement.

Applicable law

The law of the State of Victoria applies to this Agreement.

- END -

Attachment B

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012

Australian Consumer Law and Fair Trading Regulations 2012
Regulation 6, Schedule 3

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 supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. 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 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in 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.

Terms & Conditions

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