Terms and Conditions – Court Hire - Box Hill Indoor Sports
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Terms and Conditions – Court Hire

TERMS & CONDITIONS

Funtech Pty Ltd trading as “Box Hill Indoor Sports Centres” (ABN 44 007 413 498) (“Us”) is the operator of the facilities at Box Hill Indoor Sports Centre, 9 Clarice Road, Box Hill, Victoria 3128 (“the Facilities”).    

You acknowledge that by entering a team, making a booking, using, or allowing a child to use, the Facilities, and as a condition of entry to the Facilities, the following apply:-

  1. In the case of making a booking for a group, you warrant having authority as an agent to bind all members of the group to these terms and conditions.
  • You accept that any payments made by you are non-refundable and non-transferable.
  • If applicable, you are the parent or guardian of the Child, or you are the Child.
  • You and/or the Child (if applicable) are being supplied with a recreational service by Us.
  • You and/or the Child (if applicable) may be injured while using the Facilities.
  • Other people may cause you and/or the Child (if applicable) injury while using the Facilities.
  • Despite the risk of physical harm and injury inherent in using the Facilities you will use, and also agree to the Child using (if applicable), the Facilities at your and/or the Child’s own risk.
  • You agree for yourself, and also agree on the Child’s behalf (if applicable), or agree if you are the Child, that the provisions of the Australian Consumer Law and Fair Trading Act 2012 and any similar Commonwealth legislation are excluded and do not apply to our contract with you and/or the Child in so far as they relate to any liability for death or personal injury from using the Facilities.
  • You agree for yourself, and also agree on the Child’s behalf (if applicable), or agree if you are the Child, to release and hold harmless Us, our servants, employees and agents from and against any liability arising out of any injury, loss, damage or death caused to you and/or the Child or any other person arising from or in connection with use of the Facilities whether such injury, loss, damage or death was caused directly or indirectly by negligence, breach of contract or any way whatsoever other than where the injury, loss, damage or death was caused solely by gross negligence of Us, our servants, employees or agents.
  1. If you are a parent or guardian you agree you must supervise any Child under the age of 12 at all times whilst the Child is using the Facilities, unless we expressly tell you this is not required.
  1. You agree for yourself, and also agree on the Child’s behalf (if applicable), or agree if you are the Child, to comply with all rules and directions made or given by Us in respect to the use of the Facilities.  You acknowledge that in the case of any failure to comply with the rules and/or directions, you and/or the Child may be injured or injure someone else, and you/the Child (if applicable) will not be permitted to continue using the Facilities and no refund will be given.
  1. If you and/or the Child suffer any injury or illness you agree to Us providing or arranging evacuation or ambulance transportation, first aid and medical treatment at your expense.
  1. These terms and conditions shall be governed by the laws in force in the State of Victoria and the Courts of that State shall have jurisdiction.

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012

Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named in these Terms & Conditions is required to ensure that the recreational services it supplies to you:-

  • are rendered with due care and skill; and
  • 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 and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you accept these Terms and Conditions, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in these Terms and Conditions.

NOTE: The change to your rights, as set out in these Terms & Conditions, does not apply if your death 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 or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.ion 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.