1. The Parties
The “Organiser” refers to Mike Pearse trading as Powderworks Wintersports.
The “Liaison Person” refers to the designated negotiator for the party requesting services.
The “program” refers to the intended activities, agreed to verbally or in writing.
2. Acceptance of our Terms
By confirming a Powderworks Wintersports program, you agree to be bound by the following Terms and Conditions of Service. You understand, agree and acknowledge that these Terms constitute a legally binding agreement between you and Powderworks Wintersports and that your confirmation of a Powderworks Wintersports program shall indicate your conclusive acceptance of this agreement.
3. Provision of Services
You agree and acknowledge that Powderworks Wintersports is entitled to modify, improve or discontinue any of its services at its sole discretion and without notice to you. Furthermore, you agree and acknowledge that Powderworks Wintersports is entitled to provide services to you through sub contractors or affiliated entities.
4. Proprietary Rights
You acknowledge and agree that Powderworks Wintersports may collect media, which is protected, by intellectual property laws and international intellectual property treaties. Our content may not be sold, reproduced, or distributed without our written permission. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.
5. Termination of Agreement
The Terms of this agreement will continue to apply until receipt of the last instalment of the payment upon completion of the program, if terminated by the liaison officer after confirmation, 20% of the quoted program costs will be payable unless the agreement is terminated less than two weeks prior to the program beginning in which case 50% of the payment will be due, and if cancelled after commencement 100% is payable for loss of profits and opportunity.
You expressly understand and agree to submit to the personal and exclusive jurisdiction (Innsbruck, Tirol) of the courts of the country, state, province or territory determined solely by Powderworks Wintersports to resolve any legal matter arising from this agreement or related to your use of Powderworks Wintersports. If the court of law having jurisdiction, rules that any provision of the agreement is invalid, then that provision will be removed from the Terms and the remaining Terms will continue to be valid.
7. If the Organiser is encumbered he may designate a replacement of equal or better qualification and experience to complete the task.
8. Any changes made or extra requests after the agreement of the program is solely at the discretion of the Organiser.
9. All confirmed services must be paid in full or if not consumed, an agreed compensation.
10. In the event of a mountain closure with no possibility of an alternative program the organisers daily rate must be paid in full, and any additional staff at 50€ per day.
11. Every effort will be made to reduce costs, but due to the fact that these events take place in a mountain environment, extreme weather days, which are more labour intensive, must be budgeted for. This is to minimise the chances of a “No result” or an explosion in costs.
12. The right to program changes are reserved.
13. A non-refundable deposit of 20% of the quoted price is due at least 1 month prior to the quoted program to secure confirmation of all bookings; this can be attained by electronic funds transfer or cash payment.
14. A further non-refundable payment of 30% of the quoted price will be due upon commencement of the agreed program; this can be attained by electronic funds transfer or cash payment.
15. The remaining 50% of the quoted price is due before departure, taking into account any adjustments due to changes in the program; this can be attained by electronic funds transfer or cash payment.
16. The liaison person agrees to furnish the Organiser with a preliminary list of requested services and equipment at least 6 months prior to the intended program start date, and a complete list of requested services and equipment for confirmation at least two months prior to the commencement of the requested program. These services and equipment must be reserved, confirmed and paid for through Powderworks Wintersport. No responsibility will be taken for services and equipment procured through third parties.
17. The liaison person agrees to furnish the organiser with a copy of the military administration instruction less any sensitive data in order to meet expectations.
18. The liaison person agrees to inform the organiser of any relevant changes as soon as they come to light.
19. The liaison person agrees to confirm all competitors have completed and lodged athlete’s declarations and are insured to compete in a mountain environment. Further more the liaison office agrees to organise and pay for any additional insurance required above the standard indemnity insurance required by the organiser under Austrian Law.
20. It is the responsibility of the liaison person to inform all participants of the program, of all booking conditions and general information. The liaison officer shall be primarily liable for all fees for the entire group.
21. Snowboarding is a dangerous sport, the organiser will not be held responsible for any damage to equipment, death or injury while partaking in any program executed by the organiser. By signing these terms or an athlete’s declaration you are accepting this fact.
22. A decision to deviate from any of these conditions lies solely with the Organiser.
23. Confidentiality Agreement IT IS AGREED AS FOLLOWS:
Confidential information includes but is not limited to Prices, Concessions and discounts.
A. In consideration of each of the parties disclosing to the other Confidential Information for the Purpose the parties hereby undertake that they shall:
i. not communicate, disclose or make available all or any part of the Confidential Information to any third party;
ii. not directly or indirectly use, or permit others to use, the Confidential Information other than for the Purpose;
iii. not make any announcement or disclosure in connection with the Confidential Information or the Purpose without the prior written consent of the other party.
B. The obligations of confidentiality and non-use will not apply with respect to any of the following:
i. Information which is generally available to the public at the date of this agreement;
ii. Information already known to the party at the time of disclosure;
iii. Information which is subsequently disclosed by third parties having no obligations of confidentiality;
iv. Information which is or becomes generally available to the public in printed publications through no act or default on the part of the parties or their agents, employees or professional advisers.
C. Without prejudice to the generality of clause 2 information shall not be deemed to be generally available to the public by reason only that it is known to only a few of those people to whom it may be of commercial interest and a combination of two or more parts of the Confidential Information shall not be deemed to be generally available to the public by reason only of each separate part being so available.
D. The parties shall each ensure that all measures necessary are taken to secure the confidentiality of the other party’s Confidential Information.
E. The failure by either party to enforce at any time any one or more of the terms or conditions of this agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this agreement.
F. The parties agree that damages might not be a sufficient remedy to any breach of the terms of this agreement and that as a result injunctive or other equitable relief may be obtained in respect of any breach or anticipated breach.
G. All rights in the Confidential Information are reserved by the party to which it belongs and no rights or obligations other than those expressly set out in this agreement are granted or to be implied from this agreement. In particular no licence is granted directly or indirectly by this agreement relating to any invention, discovery, patent, copyright or other industrial or intellectual property right now or in the future held, made, obtained or licensable by either party.
H. The rights, duties and obligations of the parties and the validity, interpretation, performance and legal effect of this agreement shall be governed and determined by the laws of Austria and the parties hereby submit to the non-exclusive jurisdiction of the Austrian Courts.
24. Entire Agreement
You understand and agree that the above Terms constitute the entire general agreement between you and Powderworks Wintersports. You may be subject to additional Terms and conditions when you use, purchase or access other services or affiliate services.
25. Changes to the Terms
Powderworks Wintersports reserves the right to modify these Terms from time to time at our sole discretion and without any notice. Changes to our Terms become effective on the date they are posted and your continued use indicates your agreement.