Bill's Trips Release and Indemnity Form

Important: This document contains terms which affect your rights under any contract with Bill’s Trips. Please read this document carefully prior to acceptance. Please read the information below then fill out the information at the end of this document.

BILL’S TRIPS PTY LTD ACN 142 773 448 trading as Bill’s Trips of 11 Oak Avenue, Lake Tabourie in the State of New South Wales 2539.

I agree to release and indemnify Bill’s Trips Pty Ltd ACN 142 773 448, its principals, directors and agents (collectively defined as “Bill’s Trips”) in accordance with the terms and conditions set out in this Release and Indemnity Form.

Warning Notice

Prior to travelling to Kashmir and participating in Snow Skiing and/or Snow Boarding, Bill’s Trips requires that you:

1. Obtain Travel Insurance to the satisfaction of Bill’s Trips.
2. Visit www.smarttraveller.gov.au, the online internet site for the Australian Government Department of Foreign Affairs to obtain an understanding of political conflicts within the area.
3. Obtain at your own expense the requisite travel visa and ensure your passport is valid.
4. Disclose relevant information to Bill’s Trips as set out in this Release and Indemnity.

Liability of any kind resulting from your failure to perform any of the above will not be borne by Bill’s Trips in accordance with this Release & Indemnity Form.

Definitions

“Activities” means visiting Gulmarg Kashmir for the purpose of snow sports and all incidental activities. “Expressly Released Events” includes but is not limited to, cancellation fees & lost deposits, overseas emergency medical assistance, hospital cash allowance, death, permanent disability, loss of income, travel documents, credit cards & travellers cheques, theft of cash, luggage, luggage delay, travel delay, alternative transport expenses, personal liability, emergency rescue, piste closure, bad weather and avalanche closure, acts of war or terrorism, death or injury caused by any act of war or terrorism, traffic accidents, collisions with visible and hidden obstacles, avalanches, collisions with other skiers or boarders, attacks from animals. “Risks” means all risks identified in this Release and Indemnity.

Acknowledgement

1. I acknowledge that I have read the contents of this document and I understand the meaning and effect of its provisions.
2. I acknowledge that the conditions set out in this document are contractual in nature, are intended to have legal effect and are not merely a warning or recital.
3. I acknowledge that snow sports are dangerous and may cause or contribute to injury, death, damage or loss.
4. I acknowledge the risks of political conflicts in China, India and Pakistan and the danger of travelling to an area which such conflicts affect.

Disclosure

5. I will, in addition to the separate Medical Questionnaire, disclose to Bill’s Trips all information in my possession, knowledge or control which may in any way contribute, cause any injury, death, loss, damage, claim or otherwise being relevant to the Risks including (but not limited to) the following:(a) health problems;
   (b) medication requirements; or
   (c) prior skiing and boarding injuries.

Release & Indemnity Conditions

6. I personally and voluntarily assume all the Risks for any harm, trauma, injury or damage that I ay suffer to my person or my property whether foreseen or unforeseen in connection with the ctivities or Expressly Released Events.
7. I unconditionally release and discharge Bill’s Trips from all liabilities, claims and causes of action hat may arise from any act, omission, default, failure or error on the part of Bill’s Trips (including any negligent act, omission, default, failure or error) occurring wholly or partially during the course of the Activities or Expressly Released Events.
8. I agree to indemnify and keep indemnified Bill’s Trips from any liability, claim or causes of action that may be brought against Bill’s Trips as a result of or in connection with any act, omission, default, failure or error on the part of Bill’s Trips (including any negligent act, omission, default failure or error) occurring wholly or partially during the course of the Activities or Expressly Released Events.
9. I agree that Bill’s Trips will not be liable for and I waive any right to claim any loss or damage, personal injury, death, economic loss or consequential loss whether in tort, in contract, under statute or otherwise, for any default, failure, negligence or error on the part of Bill’s Trips.

Liability

10. Bill’s Trips does not accept any liability of whatever nature, whether in contract, tort or otherwise, or the acts, omissions or default, whether negligent or otherwise, of third party providers over whom it has no direct control.
11. Bill’s Trips does not accept any liability in contract, tort or otherwise for any injury, damage, loss (including consequential loss), delay, additional expense or inconvenience caused directly or indirectly by force majeure or any other event which is beyond its control and which is not preventable by reasonable diligence on its part.
12. Bill’s Trips shall not be liable, including in negligence, for any damage or harm suffered by me.
13. Where a term of this Release and Indemnity is invalid at law or otherwise, this does not invalidate this document as a whole.
14. The Jurisdiction for determining the validity of this Release and Indemnity Form, or otherwise determining liability of Bill’s Trips shall be the State of New South Wales in Australia.
15. I will do all things necessary to reduce, mitigate, avoid or otherwise prevent liability that I may suffer to myself or my property where that liability is payable by Bill’s Trips for whatever reason.

Final declaration

16. I have signed this document of my own free will and without any representation or inducement by Bill’s Trips.
17. Where this document is signed by the parent or guardian of a minor (being a person under the age of 18 years) then:
    (a) the parent/guardian warrants that the information contained in this document is true and correct and personally covenants in terms of this Release and Indemnity.
    (b) I acknowledge that I (or my parent/guardian) have read and understood the matters set out in this document and are legally competent to give this Release and Indemnity.
18. I declare that there is no information in my possession, knowledge or control other than that already provided to Bill’s Trips as required by this Release & Indemnity in relation to Disclosure.
19. I declare that I currently have or will arrange travel insurance prior to leaving for Kashmir with Bill’s Trips on terms to the satisfaction of Bill’s Trips.

Declaration

Please read the above information then fill out the form below.