GENERAL CONDITIONS OF PARTICIPATION FOR SKI TESTS
These General Terms and Conditions of Participation apply to ski test events (“Ski Test”). By participating in the Ski Test, the participant accepts these General Conditions of Participation and accepts them in full.
1. The information provided by the participant in the test or registration form is
correct and complete. In particular, the information regarding skiing ability, weight, height, age and shoe size is correct. The participant agrees that the setting of the binding of the skis given to him for the ski test (“Test Skis”), is performed visually on the setting window based on the data provided by him. The participant is 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. The participant agrees not to perform any ad-justments on the binding of the Test Skis.
2. 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.
3. The Test Skis will be given to the participant for test purposes. The loaned skis are used at the user’s 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.
4. The participant confirms that he 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.
5. 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.
6. 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.
7. 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.
8. The participant will not give the Test Skis to a third party. In the event that the
partici-pant gives the Test Skis to a third party, he is liable for all – even incidental – damages that would not have occurred if the skis had remained with the borrower.
9. For Alpine Test Skis:
9.1 The participant confirms that the values set in the binding system of the
Test Skis match the Z value specified by him.
9.2 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.
10. 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.
11. Liability The participant is aware that skiing involves hazards and in particular 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. With the knowledge of the above, I agree to indemnify and hold harmless, the owners, manufacturers and dealers of the test equipment provided by THE FACTION COLLECTIVE SA, 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).