FCAR Snowmobile Manual means the manual attached to these conditions in the Schedule.Permit means a permit issued pursuant to r.11 of the Alpine Resorts (Management) Regulations 2020.Regulations 2021 Policy means the Falls Creek Alpine Resort Oversnow Policy attached to these conditions in the Schedule, Resort means the Falls Creek Alpine Resort established under the
Alpine Resorts Act 1983 (Vic).
Season means the declared snow season under r.8 of the Alpine Resorts (Management) Regulations 2020. Vehicle means the vehicle specified in the Application Form. Village means the Falls Creek Alpine Resort Village 2. The Board may, in its absolute discretion, issue a permit to you if you: Complete and sign this application form to the reasonable satisfaction of the Board; and pay the nominated fee to the Board. 3. You acknowledge and agree that any permit issued to you:Applies to the vehicle and may not be used in respect of any other vehicle;only valid for the snow season specified in the Application Form; andnot transferrable to any other person or vehicle.4. This permit may be cancelled at any time by the Board if: Any of the provisions of the Act or any regulations under that Act (including without limitation the Alpine Resorts (Management) Regulations 2020 (Vic) are not met by you or any person driving the Vehicle; or The Board determines in its reasonable opinion that the permit should be cancelled due to non-compliance with the Policy or the FCAR Snowmobile Manual.5. At the end of the season, the vehicle must be removed from the Village roads & footpaths, including any trailers or attachments. 6. INDEMNITY: I agree to indemnify and hold harmless the Board, its employees, agents, directors, officers and contractors from and against any and all claims, losses, damages, expenses, costs or liabilities (whether in tort or contract, under statute or otherwise) howsoever suffered or incurred by the Board, its employees, agents, directors, officers and contractors in connection with this permit.7. You agree:To comply with the provisions and requirements of the
Road Safety Act 1986 (Vic) and any regulations under that act at all times when driving the Vehicle;To comply with all requirements documented in the Policy and FCAR Snowmobile Manual; That the permit is issued strictly on the basis that it will only be used for business purposes and not for private or recreational purposes (note that permit issued for emergency services purposes are restricted to emergency services official training and emergency operations only); That you may not use the vehicle for purposes of plying for hire or carriage of persons or goods for hire or reward unless the Board agree to you doing so in writing;To ensure that any other person driving the Vehicle is aware of these Conditions (including the Policy and FCAR Snowmobile Manual), has a valid drivers licence at all times he or she operates your vehicle, has been trained and is fully qualified to operate your vehicle, and strictly complies with such conditions. You agree that you will be liable for any failure of such persons to strictly comply with these conditions (including the documents contained in the schedule); To affix the permit to the vehicle at all times while the vehicle is within the Village; andIf the Vehicle is a snowmobile or all terrain vehicle (ATV), that the driver and any passenger must wear a properly fitted safety helmet, in compliance with the FCAR Snowmobile Manual, at all times that the vehicle is in operation. 9. The Board need not:a) suffer any loss or incur any cost before enforcing its right in respect of the above indemnity; orb) mitigate its loss. The Board holds the benefit of the above indemnity for itself and on trust for each of its employees, agents, directors, officers and contractors.10. RELEASE: I agree to release and forever discharge the Board, its employees, agents, directors, officers and contractors from and against any claim, loss, damage, expense, cost or liability (whether in tort or contract, under statute or otherwise) howsoever suffered or incurred by me in connection with this permit.The Board holds the benefit of this release for itself and on trust for each of its employees, agents, directors, officers and contractors.11. PRIVACY: I understand that any personal information collected about me as set out on the Application Form will be subject to the Board’s Privacy Policy BP2.3 which can be provided on request.
