Desert Skis Demo Hire Agreement & Waiver
This Agreement is made between Desert Skis Pty Ltd (“Desert Skis”) and the hirer ( “the Hirer”). The Hirer by signing this agreement understands the information contained therein and warrants, agrees and accepts the information provided by them is true and correct.
1. Hire Period and Equipment
The Hirer agrees to hire the ski equipment listed below for the agreed period, from the date and time of collection to the return date and time.
Rental Fees and Payment - The Hirer agrees to pay Desert Skis the following Demo rental fees:
- Daily Hire Rate: $100 per day and $50 per day thereafter
- Total Rental Fee: $200 (3 day max)
Payment is due at the time of hire. The Hirer agrees that Desert Skis may charge the Hirer’s credit card for any additional costs arising from late return, loss, or damage of equipment.
2. Liability and Indemnity
By signing this agreement, the Hirer acknowledges and agrees to the following:
Assumption of Risk: The Hirer understands that snow sports involve inherent risks, including injury, death, and property damage, which cannot be eliminated entirely. The Hirer voluntarily assumes these risks.
Indemnification: The Hirer understands, warrants, agrees and accepts that there are inherent risks of injury involved in using the equipment hired and where such injury arises the Hirer will indemnity and keep indemnified Desert Skis, its employees, affiliates and agents from all actions, suits, claims, claim for damage and demands for personal injury, loss or damage sustained by the Hirer or any person named on this schedule or any third party.
No Guarantee of Safety: The Hirer further understands, warrants, agrees and accepts that the ski binding system equipment will not release at all times or under all conditions and in all circumstances and that Desert Skis, its employees, affiliates or agents cannot and will not guarantee or indemnify the safety of the hirer or any third party. All snow sports carry the risk of injury and damage to property, and that risk is reduced but not eliminated by correct bindings, the use of wrist guards and an approved helmet.
Personal Injury: The Hirer confirms, understands, acknowledges and accepts that in the event where personal injury, loss or damage to either the Hirer or any third party arising out of the use of such equipment occurs, it is the responsibility of the Hirer to make good such personal injury, loss or damage.
Binding System Adjustment: The Hirer understands that the ski boot-binding system has been adjusted based on the information provided by the Hirer. The Hirer acknowledges that the binding system may not release under all conditions or circumstances.
3. Damage, Loss, or Theft
The Hirer agrees to reimburse Desert Skis for any loss, theft, or damage to the equipment during the hire period, including, but not limited to:
Loss or theft: If the equipment is lost or stolen, the Hirer agrees to reimburse Desert Skis for the full replacement cost of the equipment.
Damage: If the equipment is damaged beyond normal wear and tear, the Hirer agrees to reimburse Desert Skis for the cost of repair or replacement, at Desert Skis’ discretion.
4. Return of Equipment
The Hirer agrees to return all hired equipment by the agreed date and time. Late returns may incur an additional fee of $150 per day. If the Hirer fails to return the equipment within a week after the agreed return time, the Hirer agrees to pay the full replacement cost of the equipment.
5. Insurance
Desert Skis recommends that the Hirer obtains appropriate personal injury and equipment insurance for the duration of the hire period. Desert Skis does not provide insurance for injuries or damages caused during the use of the hired equipment.
6. Age Requirement
The Hirer confirms they are 18 years of age or older. If the Hirer is under 18 years old, a parent or legal guardian must sign this agreement on their behalf.
7. Entire Agreement
This Agreement constitutes the entire understanding between Desert Skis and the Hirer. Any amendments or modifications must be in writing and signed by both parties.
Hirer’s Declaration
The Hirer by signing this Agreement has read, understands and agrees to accept and be bound by the above terms and conditions of the hire agreement.
