Ben Lomond Official Snow Report 

The only Official Snow Report you can rely on!

May 18 2022 

Our snow reports will commence on a weekly basis until we open then it will become daily.

LIFT STATUS

WEATHER

RECREATIONAL ACTIVITY RISK WARNING, ACKNOWLEDGEMENT, WAIVER AND RELEASE DETAILS

 YOU ('Participant')

1. Participation in skiing, snow boarding, ski lift use, snow bikes, snow mobiles, transport and any other free or paid service provided by Ben Lomond Alpine Resort PTY LTD ('the Recreational Activities') supplied by Ben Lomond Alpine Resort PTY LTD ('Service Provider') involves significant risks, including the risk of personal injury and death. Particular risks include, but are not limited to 1.1.Broken bones, fractures, cuts, abrasions, torn muscles or any part of the persons body or possessions. 

2. Before you participate in the Recreational Activities, you should ensure that you are aware of, and properly understand, all of the risks involved in the Recreational Activities, and that those risks will include any particular risks associated with any health condition or pre-existing disability from which you suffer. 

3. By purchasing or obtaining a service provided by Ben Lomond Alpine Resort PTY LTD, whether paid, complimentary, gifted or unpermitted use of any of our assets, you acknowledge, agree and understand that you engage or participate in the Recreational Activities voluntarily and at your own risk in full knowledge of the Risks generally and Particular risks described above.

4.  If obtaining a paid, complimentary, gifted or unpermitted use of any of our assets, this document as a parent, guardian or responsible person performing parenting responsibilities, you acknowledge and agree that you have explained to the participant that the Recreational Activities provided by the Service Provider may involve risks generally; and the Particular risks described above. 

5. By paying, receiving a complimentary, gifted or unpermitted use of any of our assets this document, you also acknowledge, agree and understand that the risk warning above constitutes a formal 'risk warning' for the purposes of the relevant legislation, including for the purpose of: 5.1.Section 5M of the Civil Liability Act 2002 (NSW); 5.2.Section 5I of the Civil Liability Act 2002 (WA); 5.3.Section 48 of the Consumer Affairs and Fair Trading Act (NT); 5.4.Section 43 of the Civil Law (Wrongs) Act 2002 (ACT); 5.5.Section 15 - 20 of the Civil Liability Act 2002 (TAS);
5.6. Section 31 - 39 of the Civil Liability Act 1936 (SA); 5.7. Section 50 of the Wrongs Act 1958(VIC); and/or 5.8. Section 13 - 19 of the Civil Liability Act 2003 (QLD). 

6. Section 139A of Competition and Consumer Act, 2010 (Cth) permits the Service Provider of the Recreational Activities and associated services to ask you to agree that the statutory guarantees under the Australian Consumer Law(Cth) do not apply to you (or a person for whom or on whose behalf you are acquiring the services to engage in the Recreational Activities).

7. You acknowledge, agree and understand that, to the full extent permitted by law (including section 139A of the Competition and Consumer Act 2010 (Cth)):      7.1.Your rights (or the rights of a person for whom or on whose behalf you are acquiring the services) to sue the Service Provider, its servant and agents, in relation to the Recreational Activities if the Recreational Activities or associated services were not provided to you in accordance with any express or implied warranty or guarantee that the services will be provided with reasonable care and skill, are excluded, restricted or modified as set out below; and

      7.2.You (or the person for whom or on whose behalf you are acquiring the services) release the Service Provider, its servant and agents, from all liability for a failure to comply with any express or implied warranty or guarantee that the services will be provided with reasonable care and skill. 

8. You acknowledge, agree and understand that, to the full extent permitted by law, the liability of the Service Provider in relation to recreational services and activities (as that term is defined in the Australian Consumer Law (Cth) and any similar state laws) for any:

      8.1. death; 

      8.2.physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);

      8.3.the contraction, aggravation or acceleration of a disease;

      8.4.the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:

     (i) that is or may be harmful or disadvantageous to you or the community; that may result in harm or disadvantage to you or the community; 

     (ii) that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services or recreational activities is excluded.

(9) You also agree that, to the full extent permitted by law, you (or the person for whom or on whose behalf you are acquiring the services) agree to waive and/or release the Service Provider, its servants and agents, from any claim, right or cause of action which you or your heirs, successors, executors, administrators, agents and assigns might otherwise have against the Service Provider, its servant and agents, for or arising out of your death or physical or mental injury, disease, loss and damage, or economic loss of any description whatsoever which you may suffer or sustain in the course of or consequential upon or incidental to your participation in the Recreational Activities, whether caused by the negligence of the Service Provider, its servant and agents, or otherwise. 

10. You also acknowledge, agree and understand that: 

     10.1. The Service Provider will permit you to participate in the Recreational Activities, and provide you with the associated services, in part in consideration of you signing this document;

     10.2. The Service Provider may rely on this document in any proceedings commenced in any Court by me or by my heirs, executors and assigns;

      10.3.   The laws of Tasmania govern this document. 

11. You do not have to agree to exclude, restrict or modify or waive your rights against, or release, the Service Provider, its servants and agents, from any claims by signing this document, however the Service Provider may refuse to allow you to participate in the Recreational Activities, or to provide you with the associated services, if you do not agree to exclude, restrict, modify or waive your rights against, or release, the Service Provider, its servants and agents, by signing this document. Even if you sign this document, you may still have further legal rights. 

12. You agree that the waivers and releases contained in this document apply for every visit you make to the Service Provider until such time as you withdraw or modify your consent in writing or the Service Provider modifies these terms with your consent by signing a new document. You will not be required to sign future waivers on the understanding that this waiver document shall apply to all your future participation in the Recreational Activities. 

Final terms and conditions: 

^{1- The promoter is: Ben Lomond Alpine Resort PTY LTD Trading as Ben Lomond Ski Lifts, whose registered business Ben Lomond Road, Ben Lomond Tas 7212 Po Box 635 St Leonards Tas 7250}

^{2- The competition is open to residents of Tasmania, Australia, aged 16 years or over except employees of Ben Lomond Alpine Resort Trading as Ben Lomond Ski Lifts and their close relatives, friends and anyone otherwise connected with the business or judging of the competition.}

 ^{3- There is no entry fee and a purchase of a season pass is necessary to enter this competition.}

 ^{4- By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.}

^{5- Instructions for entry for the competition and details of how to enter are via https://www.benlomondskilifts.com.au/}

^{6- Multiple entries will be accepted per person for those who tag more than one friend, and sign up to Ben Lomond Alpine Resort Trading as Ben Lomond Ski Lifts mailing list.}

^{7- Closing date for entry will be 1159pm Sunday 5th of June 2022. After this date the no further entries to the competition will be permitted.} 

^{8- No responsibility can be accepted for entries not received for whatever reason.} 

^{9- The rules of the competition and how to enter are as follows: - LIKE this post - FOLLOW us on Instagram + Facebook - Tag your friends on our INSTAGRAM post that you would love to take to the snow with you!  - Share this post to your Facebook feed or Instagram stories and tag @benlomondskilifts Winner will be selected at random, and must have followed the above steps to win.}

^{10- The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, global health pandemic, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.} 

^{11- The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.} 

^{12- The prize is as follows: A total of 5 season passes will be given away. 5 names will be drawn and a limit of 1 season pass per purchase/customer will given.  Customers who win will have the purchase price (single season pass) refunded back to them within 14 days of contact.  The refund amount is what is paid at the time of purchase, noting the prices may be different after the initial purchase is made.  Bank details such as BSB and account details will be required for the refund. The prize is as stated and no cash or other alternatives will be offered. The prize is not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice. The prize must be claimed within fourteen (14) days of the competition ending. The winner agrees to be filmed for the purpose of promotion on social media (Facebook and Instagram), website, and email marketing.} 

^{13- Winners will be chosen: at random by software, from all entries received and verified by Promoter and or its agents.} 

^{14- The winner will be notified by DM on Facebook/Instagram within 24 hours of the closing date. If the winner cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.} 

^{15- The promoter will notify the winner when and where the prize can be collected / is delivered.} 

^{16- The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.} 

^{17- By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.} 

^{18- The competition and these terms and conditions will be governed by [English] law and any disputes will be subject to the exclusive jurisdiction of the courts of [Australia].} 

^{19- The winner agrees to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current Australian data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.} 

^{20- The winner’s name will be available 28 days after closing date by emailing the following address: admin@blar.com.au or viewed on our website, facebook and instagram pages.}

^{21- Entry into the competition will be deemed as acceptance of these terms and conditions.} 

^{22- This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or any other Social Network. You are providing your information to Ben Lomond Alpine Resort Trading as Ben Lomond Ski Lifts and not to any other party. The information provided will be used in conjunction with the following Privacy Policy found at https://www.benlomondskilifts.com.au/competition-2022-terms-and-conditions}

ALPINE RESPONSIBILITY CODE

There are inherent risks in all snow recreational activities. Common sense, staying in control and personal awareness can reduce these risks. Risks include rapid changes in weather, visibility and surface conditions, as well as natural and artificial hazards such as rocks, trees, stumps, vehicles, lift towers, snow fences and snowmaking equipment. Observe the code and ski and ride with courtesy to others.

1. Stay in control and avoid other people and hazards.
2. Use appropriate protective equipment, especially helmets, to minimise the risk of injury.
3. You must have the ability to use each lift safely. If in doubt ask the lift attendant.
4. Obey all signs and warnings, and keep off closed trails and areas.
5. It is your responsibility to avoid and give way to people below and beside you.
6. Do not stop where you are not visible from above or where you obstruct a trail.
7. Before starting downhill, or merging into a trail, look uphill and give way to others.
8. Use care to prevent runaway snowboards.
9. If you are involved in or see an accident, alert and identify yourself to Resort Staff.
10. Be aware that it is dangerous to ski, board or ride lifts if your ability is impaired by drugs or alcohol.

OBSERVE THE CODE

Regardless of how you enjoy your snow sport, there are inherent risks in all snow recreational activities. While in a alpine environment always show courtesy to others and be aware that common sense, protective equipment and personal awareness can reduce the risks. These risks include rapid changes in the weather, visibility and surface conditions, as well as natural and artificial hazards such as rocks, trees, stumps, vehicles, lift towers, snow fences and snowmaking equipment.Snow sports are lots of fun, but if you do not pay attention to the Code, you could end up hurting yourself or those around you. Observe the Code and share with others the responsibility for a great experience.

Respect gets respect. From the lift line, to the slopes, through the park and the resort.