Terms and Condition
IMPORTANT NOTICE – PLEASE READ EXCLUSION OF LIABILITY – WAIVER OF RIGHT TO SUE – YOUR ASSUMPTION OF RISK THESE CONDITIONS AFFECT YOUR LEGAL RIGHTS!
EXCLUSION OF LIABILITY AND WAIVER
1.
Gravity Shack (Aus) Pty Ltd (ABN 12677965089) and trading as Gravity Shack as the supplier of recreational services, sells all tickets and supplies all recreational services and facilities to you (“Customer”) including, but not limited to trampolining, trampolining lessons, use of the wall, bag jump, equipment rental and maintenance, the condition, layout, construction, design, maintenance and use of trampolines, the presence of people or objects thereon, the surrounding areas and any other sporting or leisure time pursuits (“Recreational Activities”) in the Gravity Shack venue subject to the following conditions outlined below:
2.
By purchasing a ticket for, wearing a wristband, accepting a discounted or complimentary pass, or by using any of the facilities at any Gravity Shack venue, the customer agrees to have understood and be bound by these conditions.
3.
Gravity Shack, its staff, management, directors, consultants and agents are not liable to the Customer, your dependants or legal representatives for personal injury, disability or death suffered by the Customer whatsoever because the Recreational Activities were not supplied with due care and skill or were not reasonably fit for their purpose or because of the negligence, breach of contract, stature or statutory duty by Gravity Shack.
4.
The Customer acknowledges that the Recreational Activities are dangerous with many inherent risks and hazards and as a consequence personal injury, disability and sometimes death can occur and the Customer assumes and accepts all such risks and hereby waives the right to sue Gravity Shack for any personal injury, disability or death in any way whatsoever caused by or relating to the Customer’s participation in the Recreational Activities.
5.
WARNING: The use of trampolines, the wall, bag jump or any other equipment at any Gravity Shack venue involves a significant risk of Customers suffering personal injury including the possibility of serious injuries, permanent disability or death. All Customers who engage in such Recreational Activities do so at their own risk.
6.
WARNING UNDER THE AUSTRALIAN COMSUMER LAW AND FAIR TRADING ACT 2012 (VIC): Under the Australian Consumer Law (VIC), several statutory guarantees apply to the supply or certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you. *are rendered with due care and skill; *are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and *might reasonably be expected to achieve any result you have made known to the supplier. Under section 22 of the Australian Consumer Law & Fair Trading act 2012 (VIC), the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law & Fair Trading Act 2012 (VIC) if you are killed or suffer serious injuries or permanent disability because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form (paragraphs 3 and 4 above).
7.
NOTE: The change to your rights, as set out in this form, does not apply if your death, permanent disability or injury is due to gross negligence on the supplier’s part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act of omission. See regulation 5 of the Australian Consumer Law & Fair Trading Act 2012 (VIC) and section 23(3)(b) of the Australian Consumer Law & Fair Trading Act 2012 (VIC).
8.
The Customer agrees to pay the cost of and authorises Gravity Shack to take all steps it considers reasonably necessary to ensure the protection of his or her welfare in the event of personal injury, including but not limited to the administration of an emergency medical treatment and ambulance transportation.
9.
Children must be at least eighteen (24) months of age to use the facilities at any Gravity Shack venue and when less than seven (7) years of age be supervised by a responsible adult. Where you are responsible for such children you agree to be bound by these conditions on their behalf and you will directly always supervise them.
10.
Customers must be in good health and free from and adverse medical conditions. For safety reasons, pregnant woman, Customers with pre-existing health issues or wearing casts are not permitted on the trampolines, the wall, bag jump or any other equipment. If unsure, please seek medical advice.
11.
The weight limit for Customers is 120kg. It is advised by Gravity Shack that before engaging in any Recreational Activity, a customer with weight concerns should seek approval from their medical practitioner.
12.
While in any Gravity Shack venue you consent to images and video being taken for security or promotional purposes of yourself, your children or any children for whom you are responsible.
13.
Upon entering the Gravity shack Trampoline Park venue, you agree to protect and hold safe any of your personal belongings. Gravity Shack is not held in any way responsible for any articles that may have been lost or stolen on the course of entering the Gravity Shack venue.
14.
All tickets remain the property of Gravity Shack and cannot be refunded, transferred or resold. They are valid only for the date shown and are deemed void if tampered with.
15.
The Customer must comply with all signs or other directions of Gravity Shack and it may suspend or cancel the Customer’s access to Recreational Activities at any Gravity Shack venue in its absolute discretion for non-compliance with these conditions, or for reckless or careless conduct, aggressiveness and any other behaviour deemed to be unsuitable by us.
16.
The Customer acknowledges that smoking, the consumption of alcohol or the use of any unlawful drugs or stimulants is strictly forbidden and your participation in the Recreational Activities will not be allowed should a member of staff from Gravity Shack suspects that you are involved in the above.
17.
If you purchase a ticket for the use of the trampolines or any other equipment or facilities at any Gravity Shack venue on behalf of another person, you and that other person both agree that you make that purchase as the authorized agent of that other person so that he or she will be bound by these conditions.