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These General Terms and Conditions of Participation apply to ski test events (“Ski Test”). By participating in the Ski Test, the participant (the “Participant” or “You”) accepts these General Conditions of Participation (the “GCP”) and accepts them in full. Please read these GCP carefully before participating in the Ski Test. If you do not agree to the GCP, you may not participate in the Ski Test.
The Ski Test is performed by Amer Sports Austria GmbH, a company established under austrian law with place of business under the following address: A-5082 Grödig, Göllstraße 24 (the “Organiser”). The Organiser is an affiliate of Amer Sports Group.
1. The information provided by the Participant in the respective test or registration form shall be correct and complete. In particular, the information regarding skiing ability, weight, height, age and shoe size shall be correct. You agree that the setting of the binding of the skis given to you for the ski test (“Test Skis”), is performed visually on the setting window based on the information provided by you. You are aware that incorrect information can lead to an incorrect setting of the binding of the Test Skis and is associated with an increased risk of accident and injury. You agree not to perform any adjustments on the binding of the Test Skis.
2. The Ski Test is open for persons aged 16 years or above. If the Participant is younger than 18 years but at least 16 years old, such Participant may only participate in the Ski Test with the consent of his/her legal representatives. Such consent can only be given by the legal representatives through presenting their valid ID card.
3. Before accepting the test skis, the Participant must deposit, as a security, an official photo ID (ID card, driver’s licence, etc.) or another security, which is given back to him after proper return of the Test Skis. Organizer will produce a copy of the official photo ID including an image of the Participant for identification of the Participant during Ski Test.
4. The Test Skis will be given to the Participant for test purposes. The loaned Test Ski are used at Your own risk. The Participant will adapt his/her skiing behaviour to his/her ability, take into consideration all other ski slope users and avoid any danger. The Participant will refrain from skiing in a fatigued condition or under the influence of alcohol or medication. In addition, the Participant will observe the warnings in the respective ski area and familiarise himself with the respective slope conditions and possible obstacles.
5. The Participant confirms that he/she has accepted the Test Skis, including binding, in an undamaged, proper and usable condition. The Participant agrees to treat the skis carefully and to provide compensation for damages or loss. The skis can only be used within the designated premises for the event. The Participant will under no circumstances use the skis on a sandy, rocky, concrete or similar substrate.
6. The Participant was informed about the use of the binding of the Test Skis. Ski bindings reduce the risk of injury but cannot completely exclude them. The Participant is aware that
no binding will release under all conceivable situations with complete safety.
He is also aware that the brake effect of the integrated ski brake is not sufficient when skiing in deep snow.
7. If the Test Skis or the binding of the Test Skis do not work properly during use, the Participant will return the Test Skis immediately.
8. The Participant must return the Test Skis immediately upon request. Otherwise, the Participant agrees to return the Test Skis, at the latest, by the return time noted in the test form.
9. The Participant shall not give the Test Skis to a third party. If the Participant gives the Test Skis to a third party, he/she is liable for all – even incidental – damages that would not have occurred if the Test Skis had remained with the borrower.
10. For Alpine Test Skis:
10.1 The Participant confirms that the values set in the binding system of the Test Skis match the Z value specified by him/her.
10.2 Binding settings above the value Z-12 do not correspond to the standard and are therefore only set upon express written request of the participant and at his own risk.
11. For Touring Test Skis
The binding system for the Touring Test Skis is set to “M” by default. A different setting is only made at the express written request of the participant.
12. Liability
The Participant is aware that skiing involves hazards and can lead to INJURIES and DEATH.
The Participant voluntarily agrees to expressly accept all risks of death and injury that could arise due to engaging in this type of sport or in any way with his participation in a Ski Test.
THE PARTICIPANT UNDERTAKES TO TAKE ALL NECESSARY PRECAUTIONS NOT TO PLACE HIMSELF OR OTHERS IN SITUATIONS LIKELY TO COMPROMISE HIS SAFETY OR THAT OF THIRD PARTIES. IN THIS REGARD, THE PARTICIPANT UNDERTAKES IN PARTICULAR TO:
- WEAR PROTECTIVE EQUIPMENT,
- COMPLY WITH ANY SAFETY RULES THAT MAY BE APPLICABLE TO THE PRACTICE OR THE ENVIRONMENT.
In addition, the Participant undertakes to comply with the instructions given to him by the Organizer during the Ski Test.
With the knowledge of the above, You agree to indemnify and hold harmless, the owners, manufacturers and dealers of the test equipment provided, including SALOMON SAS, ATOMIC Austria GmbH, affiliated companies, especially in Austria, Denmark, Finland, France, Germany, Italy, Norway, Sweden, Switzerland, vicarious agents and representatives, legal representatives and legal successors (hereinafter referred to as the “Providers”) from any liability for injury, death, financial damage and other damages resulting from my participation in the test and/or the use of the test products. This waiver of liability does not apply if the Providers act with intentional or gross negligence, or for damages resulting from injury to the life, body or health which is based on a negligent breach of duty of the Provider. The above limitation of liability does not apply in cases of mandatory legal liability (especially in accordance with the applicable product liability law).
13. It is recommended that the Participant has valid and sufficient insurances including personal guarantee (including medical expenses, disability pension or capital, repatriation, hospital, etc.), repatriation if necessary and civil liability as regards to third parties.
14. Privacy
Personal data is controlled by the Organiser. The privacy policy of the Organizer is available at https://www.atomic.com/en/privacy-policy ("Privacy Policy").
By participating in the Ski Test, you agree to the Privacy Policy and accept that all personal data, including but not limited to Participant’s name, address, size, weight, copy of ID, image, copy of signature etc. submitted in connection with the Ski Test is registered and processed by the Organizer and/or a third party acting on behalf of the Organizer. Personal data will be processed for the purpose of administrating the Ski Test and may be shared with third parties to the extent necessary in order to carry out the Ski Test.
Subject to your consent, the Organizer may also use your personal data in order to send you promotional information and offers by e-mail, text messages, or other digital messages. If personal data is shared with third parties outside the EEA, the Organizer will ensure adequate protection of data in compliance with the applicable mandatory legislation.
Inquiries concerning the processing of personal data, including the withdrawal of the consent, details on the information stored, as well as requests on the correction or erasure of personal data may be sent to the email address consumerservice-at-de@atomic.com.
15. Miscellaneous
To the extent not prohibited under applicable mandatory law, these GCP shall be governed by the laws of Austria.