TERMS AND CONDITIONS OF SALE
- In these Terms and Conditions (whether capitalised or not):
- “You” means both the User and the Buyer and “Your” has a corresponding meaning. This means that the Buyer of a Ticket is agreeing to these Terms and Conditions for the Buyer and each User for whom a Ticket is purchased, which may result in personal liability and loss to the Buyer and the User.
- “User” means a person who uses the Facilities or participates in the Activities, including a Minor.
- “Minor” means a person under the age of 18 and any other User without legal capacity.
- “Buyer” means the person who buys a Ticket.
- “Ticket” means a ticket to enter and use the Facilities or to participate in the Activities.
- “We” and similar words such as “Us” and “Our” means Gravity Etc, its owners, officers, employees, contractors and agents.
- “Facilities” means any facilities which we provide for use by customers, including our trampolines and other facilities at Gravity Etc premises.
- “Activities” means any activities which you participate in at our Facilities, whether or not those activities are run or supervised by us or others or are your own invention.
- These Terms and Conditions are binding on you and us, and your and our heirs, permitted assigns and successors in title.
- If you comprise more than one person (i.e. you buy Tickets for more than one User, or the Buyer is a separate person to the User), then the liability of those persons to us is joint and several. This means that each of those persons is wholly liable to us for any liability to us under these Terms and Conditions, regardless of whether we are able to recover that liability from another person.
- If you buy a Ticket for someone else, you:
- are binding that person to these Terms and Conditions;
- are giving up certain rights of that person; and
- may incur personal liability to that person and to us, including in relation to injury or death suffered by that person.
ASSUMPTION OF RISK
- You acknowledge that the Activities are inherently dangerous and may cause significant loss or damage to property, injury or death. You acknowledge that these Terms and Conditions include limitation of your legal rights against us.
- You acknowledge that we would not allow you to use the Facilities if you did not agree to these Terms and Conditions.
- The Activities are a “recreational service” for the purpose of section 139A of the Competition and Consumer Act 2010 (Cth) and section 5J of the Civil Liability Act 2002 (WA).
- You acknowledge and agree that you participate in the Activities and use our Facilities freely, voluntarily and at your own risk, having considered all of the risks of injury and death possible from use of the Facilities and participation in the Activities.
- You acknowledge that the consumption of alcohol and drugs before or while participating in the Activities increases the risk of injury and death. You warrant to us that you are not under the influence of alcohol and drugs when using our Facilities and participating in the Activities, and you accept all increased risk arising in respect of breach of this warranty.
INDEMNITY AND WAIVER
- In these Terms and Conditions:
- “Injury and Death” means the occurrences referred to in section 139A(3) of the ACL, which are death, physical or mental injury (including the aggravation, acceleration or recurrence of an injury) to you, the contraction, aggravation or acceleration of a disease to you and the coming into existence, aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, for of behaviour, course of conduct or state of affairs in relation to you that is or may be harmful or disadvantageous to you or others or which may result in harm or disadvantage to you or others; and
- “Reckless Conduct” means the conduct referred to in section 139A(5) of the ACL, which is our conduct if we are aware, or should reasonably have been aware, of a significant risk that the conduct could result in personal injury to another person, and we engage in the conduct despite the risk and without adequate justification.
- To the extent permitted by law, you release us and waive your legal rights against us in relation to liability (including consequential loss such as loss of income) for Injury and Death except to the extent that such liability was caused by our Reckless Conduct.
- To the extent permitted by law, you indemnify us in respect of liability (including consequential loss such as loss of income) for Injury and Death except to the extent that such liability was caused by our Reckless Conduct.
- Clauses 10 and 11 apply in relation to Injury and Death suffered by any User, including a Minor, and may result in the Buyer being personally liable to us or to a User for liability, loss, Injury or Death suffered by a User (including a Minor).
- In relation to Activities and use of the Facilities to which the Australian Consumer Law does not apply, you release us from liability for any loss, damage, injury or death and any consequential loss (including loss of income) suffered by you in connection with the Activities and use of or attendance at the Facilities. You acknowledge that you are giving up rights against us to claim compensation for loss, damage, injury and death which you (including a User for whom you purchase a Ticket) might suffer, even if we cause or contribute to the loss, damage, injury or death. For the sake of clarity, you release us (on behalf of the Buyer and each User) from liability for loss, cost, injury or death suffered by you (including by the Buyer and each User) caused by our negligence, misconduct, breach of statutory or other duty and breach of contract and from any other cause whatsoever (including causes relating to the condition, design, location, cleanliness, standard of repair, regulation of use, enforcement of rules, supervision, suitability or provision or failure to provide services or facilities).
- To the extent permissible at law and not prevented by or in breach of the Australian Consumer Law, all statutory warranties and representations relating to the provision or supply of the Activities or the Facilities by us to you (including the Buyer and each User) are excluded from these Terms and Conditions and you agree that they do not apply.
- You acknowledge that insurances held by us may not cover you for injury, death, loss or damage suffered as a result of use of the Facilities or participation in the Activities.
- You acknowledge that you have considered the importance of reviewing your own insurance arrangements to ensure that you have personal insurance to cover injury, death, loss and damage which you may suffer as a result of using the Facilities or participating in the Activities.
- You agree to promptly report any injury, accident, loss or damage suffered by you as a result of use of the Facilities or participation in the Activities so that we can comply with reporting obligations in our insurance policies and remove any risk or hazard which we might otherwise not be aware of.
- You agree that, in the event that you require urgent medical treatment in connection with participation in the Activities and use of the Facilities, we can make such judgements as we think are reasonable or necessary in relation to your urgent treatment, for which purpose we may engage medical services and specialists on your behalf (as your agent).
- You agree to indemnify us in relation to the cost of providing medical treatment (including the cost of medical specialists, ambulance services, medical services and hospital attendances) which we provide or engage on your behalf in relation to your participation in the Activities and your use of the Facilities.
- You release us from liability for any loss, damage, injury or death which you suffer as a result of medical services or treatment provided by us or engaged by us on your behalf in relation to your participation in the Activities and your use of the Facilities.
Minimum Age of Use and use by Minors
- You will not use the Facilities or participate in the Activities unless you are over the age of 12 or, if under the age of 12, you are supervised by an adult. Minimum age of use is 3 years of age.
- If you purchase Tickets for a Minor, you agree that you are responsible for supervising the User and ensuring the safety of the User, and pursuant to these Terms and Conditions you are giving up certain rights of, and assuming certain liability for each Minor for whom you purchase a Ticket.
- If we supply you with safety equipment to use while participating in the Activities or using our Facilities, you agree to use the safety equipment for its intended use and in accordance with instructions which we give you. Gravity Etc non slip trampolining socks are available for purchase and must be used on the trampolines and equipment.
- Manufacturers recommendation for maximum weight on any one trampoline is 110 kgs. If you are over 110 kgs you agree not to participate on the trampoline equipment.
- You agree to abide by all Rules which we publish regulating the use of the Facilities and participation in the Activities. You agree and acknowledge that we set the Rules for the purpose of ensuring the safe use of the Facilities and safe participation in the Activities.
- You agree to act at all times in a safe manner while participating in the Activities and using the Facilities.
- You agree not to engage in any anti-social, abusive, derogatory, obscene or criminal behaviour while participating in the Activities or using our Facilities.
- You agree that we may (by way of irrevocable and unconditional licence) make impressions and recordings of your image (including photographs, videos, sound recordings, images and any other form of rendition of your appearance, voice or likeness) including the image of any Minor for whom you purchase a Ticket whilst on at the Facilities or participating in the Activities, and we may use and enjoy (free of royalties) such impressions and recordings for purposes associated with the preservation of safety and security and the promotion of the Facilities and the Activities (including exhibitions, publicity, brochures and advertising), and for the purpose of enforcing our rights in connection with these Terms and Conditions.
- You acknowledge that we operate numerous cameras on the Facilities continuously for the purpose of monitoring and recording the use of the Facilities and participation in the Activities, and we may use such footage for any purpose related to security and the safe use of the Facilities and participation in the Activities, and for the purpose of reviewing, prosecuting or defending any claim, action, demand or proceeding brought by us or against us in relation to any matter or thing.
INDEMNITY FOR BREACH OF TERMS AND CONDITIONS
- You agree to indemnify us in relation to any cost, expense, loss or damage we suffer as a result of your breach of these Terms and Conditions. If you are the Buyer, you give this indemnity on behalf of the Buyer and the User (including any Minor), and such liability of the Buyer and the User/s is joint and several.
GENERAL TERMS AND CONDITIONS
- Tickets to participate in the Activities and to use the Facilities are not transferrable in any circumstances. You agree not to allow or permit any other person to use a Ticket.
- Payments for Tickets or entry to the Facilities or participation in the Activities are non-refundable.
- We reserve the right to cancel or withdraw a Ticket at any time (subject to your rights to receive refund of the price paid), and to require that you leave the Facilities or cease to participate in the Activities at any time, for any reason. We are not required to give a reason to you.
- If a clause in these Terms and Conditions breaches any law, including the Australian Consumer Law, the offending part of a clause is to be severed from the clause and the balance of the clause and these Terms and Conditions is to be given effect to the extent possible.
- These Terms and Conditions supercede any prior agreement and representations made by us in relation to your use of the Facilities and participation in the Activities.
- These Terms and Conditions are governed by the laws of the State of Western Australia and you agree to submit to the jurisdiction of the Courts in the State of Western Australia, to the exclusion of jurisdiction of Courts of other States and Territories of Australia.