Declaration of indemnity and consent between:
Premières Traces is arranging a demo tour and will be lending ski, snowboards and bindings to test participants. The equipment is provided only for testing purposes and is not for release on the general market. The equipment is to be returned to the brand after the tests. By signing this declaration, the test participant confirms that he/she is an adult. The participation of a minor in equipment tests shall be permitted only after prior consent of his/her legal guardian (father, mother, etc.) by signing this declaration. The test participant acknowledges and is aware that:
1. He/she is testing the equipment at his own risk. The test participant declares herewith, snowboarding/skiing entails a risk to body, health and life.
2. Wearing a helmet reduces the risk of head injuries but not all risks (particularly injuries to the head, neck and the spinal cord).
3. Risk of injuries is reduced by taking snowboarding lessons.
4. The test participant declares herewith, that the equipment accepted and described in annex A, which is an inte- gral part of this agreement, has been customised in accordance with the test participant‘s specifications regarding his physical aptitude and snowboarding/skiing level.
5. That he possesses the necessary skills, knowledge and experience in snowboarding and that he has mastered the FIS rules and other behaviour and safety regulations.
6. To adapt his method and style in accordance with his capabilities and to exercise caution as a careful and experienced snowboarder.
7. Not to consume alcohol or other intoxicating substances before or during the test.
Premières traces does not undertake any organisational or monitoring obligations, particularly with respect to verifying whether the test participant possesses the skills and knowledge as mentioned in point 4 and whether the details provided by the test participant in point 5 are true.
Premières traces does not guarantee the quality and the suitability of the equipment provided to the test participant. The test participant shall independently check the equipment and inspect it for defects. The test participant is aware that the equipment is owned by the brands. The equipment is to be handled with care and duly return it undamaged to the brands after use. The test participant is liable to compensate the brands for any damages caused to the equipment. In the event of complete damage, loss, theft, etc. of the equipment, the test participant is liable for the replacement value.
The test participant states that he/she is aware of these conditions and herewith waives the right to all claims with respect Premières traces, its employees agents, institutions and other persons entrusted by Burton, particularly claims for damages that may arise as a result of participating in the equipment tests. Burton is liable only for damages sustained by the test participant or other third parties participating in the equipment test or due to the gross negligence or wilful intent of Burton, its employees, agents, institutions or persons assigned by Burton. Liability for slight negligence shall be excluded. This applies to all property damages and personal injuries, insofar as the exclusion of liability is legally permissible.
The test participant shall indemnify and hold Premières traces harmless with respect to any claim by third parties vis-à-vis his/her conduct during the equipment test. The test participant shall waive the right to claim compensation for defects related to the construction, manufacturing method, selection, setting, repair and maintenance of the equipment, and in the quality of the material, processing or workmanship. Premières traces is not obliged to inform or instruct test participants on the use of the equipment. Premières traces is thus not liable for damages resulting from lack of information, instructions or warning. The liability exclusion under this agreement is transferred to the respective legal successors (heirs, representatives, etc.) of the test participant. France substantive law shall exclusively apply to this agreement.
Declaration of consent for the use of personal data
The test participant herewith explicitly agrees that his personal data may be saved, handled, processed, reproduced and forwarded or distributed by the Office du tourisme de Val d'Isère