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WAIVER OF LIABILITY COVID-19, 2022
(as at March 2022, reviewed regularly in accordance with current restrictions)
1. The Berghutte Ski Club Limited (“the Club”) has put in place a number of preventative measures to reduce the spread of COVID-19. However, the Club cannot guarantee that you, your guests or anyone else will not become infected with COVID-19 whilst staying or visiting the Lodge. Further, attending the Club could increase your risk of contracting COVID-19.
2. The Club has a registered NSW Government COVID-Safety Plan which is amended from time to time due to changes in NSW public health orders and infection prevention and control practices. This document is available at the Lodge and you must review and comply with the COVID-Safe Plan as part of the terms and conditions of your stay at the Lodge.
7. Any breach or non-compliance with any COVID-19 requirements may lead to a direction being issued to you and/or your guests by the Lodge Manager to immediately leave the premises. If such a direction is issued you must comply with it.
8. By signing this form you agree to the above conditions and you also acknowledge the infectious nature of COVID-19 and voluntarily assume the risk that you or your guests may be exposed to or infected by COVID-19 by attending the Club and that such exposure or infection may result in personal injury, illness, permanent disability or death. You further understand that the risk of becoming exposed or infected by COVID-19 at the Club may result from the actions, omissions or negligence of yourself or others including but not limited to Club employees, volunteers, members and guests.
9. You voluntarily agree to assume all of the foregoing risks and to accept the sole responsibility for any illness or injury to you or any of your guests which may experience or incur in connection with attendance at the Club’s premises. You hereby release, discharge and hold harmless the Club, its employees, agents and representatives of and from any claims including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. You understand and agree that this release includes any claims based on acts, omissions or negligence of the Club, its employees, agents and representatives whether the COVID-19 infection occurs before, during or after your attendance at the Club.
10. You agree that all members and guests will undertake testing and receive a negative result for COVID-19 prior to your arrival and at any time during your stay at the Lodge if requested by the Booking Manager. Testing will be at your own expense.
11. You agree that you or your guests are not able to be accommodated at the Lodge if they:
1. Have even the mildest symptoms of COVID-19 or any infectious illness, such as cold, influenza or gastrointestinal symptoms; and / or
2. Have tested positive to COVID-19 within the last 7 days;
3. Have arrived from overseas within the last 7 days;
4. Have been in High Risk or close contact with a person either suspected or confirmed with COVID-19 or other infectious illness during the past 14 days; and /or
5. Are not fully vaccinated for COVID-19 if aged 12 years or over;
6. Are in contravention of any current NSW Public Health Orders.
12. You accept that if you or any party of your booking meet any of the criteria defined in the paragraph above:
1. Prior to your stay, you will not travel to the Lodge and your booking will be cancelled and a credit or refund provided (less administration fee).
2. During your stay, if you become aware that you are a close contact of someone with COVID-19 or develop any symptoms, you agree you will undertake a Rapid Antigen Test immediately. If you test positive, you will immediately vacate the Lodge as soon as it is safe to do so (e.g. if you become unwell in the evening, leave first thing in the morning). You must self-isolate in your room until it is safe for you to leave. If you are too unwell, please contact the managers who may be able to support you in finding alternative accommodation. You agree not to return to the Lodge until you provide evidence of medical clearance at your own expense (e.g. letter from your medical practitioner). A credit or refund will be provided for the balance of your booking from the next day until the end date of your booking.
13. You accept you are responsible for you and your guests adhering to the requirements of:
1. This Waiver of Liability COVID-19 2021
2. Terms and Conditions of Booking; and
3. Berghutte Booking Accommodation Rules and By-Laws; and
4. Berghutte COVID-19 Safety Plan; and
5. NSW Government Public Health Orders and You further accept that if you or your guests breach the requirements of these and any other laws, regulations and rules related to the safe operation of the Lodge which results in a fine, fee or penalty, you will be liable for your own costs and you agree that Berghutte may seek reimbursement from you for any costs incurred by Berghutte as the result of your behaviour and conduct.
14. Berghutte COVID-19 Vaccination all employees, members, guests, contractors and visitors over the age of 12 to be fully vaccinated against COVID-19 (currently two doses and we strongly recommend any required boosters shots) or have appropriate pre-appproved medical exemption as defined in the Policy.
15. You accept that the Lodge Managers and the Board of Directors reserve the right to ask you to leave the Lodge for any reason should we consider that it is not in the best interest of the Berghütte Ski Club. Your remaining accommodation services are non-refundable unless they relate to the COVID-19 infection prevention and control measures outlined in the Terms and Conditions of Booking.
................................................ Signed
................................................ Print name
................................................ Dated
(as at March 2022, reviewed regularly in accordance with current restrictions)
1. The Berghutte Ski Club Limited (“the Club”) has put in place a number of preventative measures to reduce the spread of COVID-19. However, the Club cannot guarantee that you, your guests or anyone else will not become infected with COVID-19 whilst staying or visiting the Lodge. Further, attending the Club could increase your risk of contracting COVID-19.
2. The Club has a registered NSW Government COVID-Safety Plan which is amended from time to time due to changes in NSW public health orders and infection prevention and control practices. This document is available at the Lodge and you must review and comply with the COVID-Safe Plan as part of the terms and conditions of your stay at the Lodge.
- You must comply with any direction from the Board of Directors, the Lodge Manager or their Delegates at all times regarding the health and safety and wellbeing of members, guests, employees and associates of the Club.
- Due to the changing nature of the COVID-19 pandemic, the Club is also reviewing the Terms and Conditions of Bookings and the associated Booking Accommodation Rules and By-Laws on a regular basis. These documents are available on the Berghutte website and you must review and comply with these documents as part of the terms and conditions of your booking and stay at the Lodge.
- You must also comply with all New South Wales Public Health Orders and /or Berghutte COVID-19 Safety Plan including hygiene and sanitation, physical distancing (e.g. 1.5 metres from any other individual who is not a member of your household, required ratios such as one person per 2 or 4 square metres) and any requirements for COVID-19 vaccination, medical exemptions or testing.
7. Any breach or non-compliance with any COVID-19 requirements may lead to a direction being issued to you and/or your guests by the Lodge Manager to immediately leave the premises. If such a direction is issued you must comply with it.
8. By signing this form you agree to the above conditions and you also acknowledge the infectious nature of COVID-19 and voluntarily assume the risk that you or your guests may be exposed to or infected by COVID-19 by attending the Club and that such exposure or infection may result in personal injury, illness, permanent disability or death. You further understand that the risk of becoming exposed or infected by COVID-19 at the Club may result from the actions, omissions or negligence of yourself or others including but not limited to Club employees, volunteers, members and guests.
9. You voluntarily agree to assume all of the foregoing risks and to accept the sole responsibility for any illness or injury to you or any of your guests which may experience or incur in connection with attendance at the Club’s premises. You hereby release, discharge and hold harmless the Club, its employees, agents and representatives of and from any claims including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. You understand and agree that this release includes any claims based on acts, omissions or negligence of the Club, its employees, agents and representatives whether the COVID-19 infection occurs before, during or after your attendance at the Club.
10. You agree that all members and guests will undertake testing and receive a negative result for COVID-19 prior to your arrival and at any time during your stay at the Lodge if requested by the Booking Manager. Testing will be at your own expense.
11. You agree that you or your guests are not able to be accommodated at the Lodge if they:
1. Have even the mildest symptoms of COVID-19 or any infectious illness, such as cold, influenza or gastrointestinal symptoms; and / or
2. Have tested positive to COVID-19 within the last 7 days;
3. Have arrived from overseas within the last 7 days;
4. Have been in High Risk or close contact with a person either suspected or confirmed with COVID-19 or other infectious illness during the past 14 days; and /or
5. Are not fully vaccinated for COVID-19 if aged 12 years or over;
6. Are in contravention of any current NSW Public Health Orders.
12. You accept that if you or any party of your booking meet any of the criteria defined in the paragraph above:
1. Prior to your stay, you will not travel to the Lodge and your booking will be cancelled and a credit or refund provided (less administration fee).
2. During your stay, if you become aware that you are a close contact of someone with COVID-19 or develop any symptoms, you agree you will undertake a Rapid Antigen Test immediately. If you test positive, you will immediately vacate the Lodge as soon as it is safe to do so (e.g. if you become unwell in the evening, leave first thing in the morning). You must self-isolate in your room until it is safe for you to leave. If you are too unwell, please contact the managers who may be able to support you in finding alternative accommodation. You agree not to return to the Lodge until you provide evidence of medical clearance at your own expense (e.g. letter from your medical practitioner). A credit or refund will be provided for the balance of your booking from the next day until the end date of your booking.
13. You accept you are responsible for you and your guests adhering to the requirements of:
1. This Waiver of Liability COVID-19 2021
2. Terms and Conditions of Booking; and
3. Berghutte Booking Accommodation Rules and By-Laws; and
4. Berghutte COVID-19 Safety Plan; and
5. NSW Government Public Health Orders and You further accept that if you or your guests breach the requirements of these and any other laws, regulations and rules related to the safe operation of the Lodge which results in a fine, fee or penalty, you will be liable for your own costs and you agree that Berghutte may seek reimbursement from you for any costs incurred by Berghutte as the result of your behaviour and conduct.
14. Berghutte COVID-19 Vaccination all employees, members, guests, contractors and visitors over the age of 12 to be fully vaccinated against COVID-19 (currently two doses and we strongly recommend any required boosters shots) or have appropriate pre-appproved medical exemption as defined in the Policy.
15. You accept that the Lodge Managers and the Board of Directors reserve the right to ask you to leave the Lodge for any reason should we consider that it is not in the best interest of the Berghütte Ski Club. Your remaining accommodation services are non-refundable unless they relate to the COVID-19 infection prevention and control measures outlined in the Terms and Conditions of Booking.
................................................ Signed
................................................ Print name
................................................ Dated