Funtech Pty Ltd (ABN 44 007 413 498) trading as Pumped Up Inflatable Sports (“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 making a booking or allowing a Child to use, or by using, the Facilities and as a condition of entry to the Facilities:-
- You are the parent or guardian of the Child or you are the Child.
- The Child is being supplied with a recreational service by Us.
- The Child may be injured while using the Facilities.
- Other people may cause the Child injury while using the Facilities.
- Despite the risk of physical harm and injury inherent in using the Facilities you agree to the Child using the Facilities at his/her own risk.
- You agree on the Child’s behalf, 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 the Child in so far as they relate to any liability for death or personal injury from using the Facilities.
- You agree on the Child’s behalf, 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 the Child or any other person arising from or in connection with the Child using 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.
- 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 and you agree on the Child’s behalf, 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 if the Child fails to comply with the rules and/or directions the Child may be injured or injure someone else and that the Child will not be permitted to continue using the Facilities and no refund will be given.
- You agree if the Child suffers any injury or illness you agree to Us providing or arranging evacuation or ambulance transportation, first aid and medical treatment at your expense.
- 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.