Important Notice Exclusion of Liability and Waiver
Note: These terms and conditions affect your legal rights, including those under the Australian Consumer Law (Vic) (the “Act”). It is important that you read and understand them before participating in any recreational activities at Air Inflatables at Frankston Indoor Sports Centre. Air Inflatables at Frankston Indoor Sports Centre is a supplier of recreational services (as defined in section 22 of the Australian Consumer Law and Fair Trading Act 2012). The recreational services include participation in Inflatable Obstacles, Nerf Gun Battles, Indoor Sports activities such as Netball, Cricket and Beach Volleyball, similar leisure-time pursuits and “recreational activities”. By purchasing a ticket for the use of the Air Inflatables facilities at Frankston Indoor Sports Centre, you agree that the supply of Air Inflatables recreational services and participation by you in the recreational activities is subject to the following terms and conditions: 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 on this notice 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.

NOTE: The change to your rights, as set out in or on this notice, 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.

1. You acknowledge that the recreational activities are dangerous with many inherent risks and hazards and as a consequence personal injury and sometimes death can occur and you assume and accept all such risks and waive the right to sue Air Inflatables at Frankston Indoor Sports Centre for any personal injury or death in any way whatsoever caused by or arising from participation in such activities.

2. Air Inflatables at Frankston Indoor Sports Centre, its employees, directors and agents are not liable to you, your dependants or legal representatives for personal injury or death suffered by the customer due to the recreational activities not being supplied with due care and skill or not being reasonably fit for their purpose or for breach of any other of the consumer guarantees applied by the Australian Consumer Law (Victoria), or due to the negligence, breach of contract or statute or statutory duty by Air Inflatables at Frankston Indoor Sports Centre.

2. Air Inflatables at Frankston Indoor Sports Centre, its employees, directors and agents are not liable to you, your dependants or legal representatives for personal injury or death suffered by the customer due to the recreational activities not being supplied with due care and skill or not being reasonably fit for their purpose or for breach of any other of the consumer guarantees applied by the Australian Consumer Law (Victoria), or due to the negligence, breach of contract or statute or statutory duty by Air Inflatables at Frankston Indoor Sports Centre.

3. Children under (13) years of age are not permitted to participate in activities with out constant supervision at all times. You cannot participate in the recreational activities if you are under (13) unless you are supervised at all times by a parent or responsible guardian. By allowing a child under (13) to participate in activities at Air Inflatables at Frankston Indoor Sports Centre you agree that no level of supervision by the staff at Air Inflatables at Frankston Indoor Sports Centre or yourself can ensure their complete safety.

4. ‘The weight limit for an individual user is 90 kg’s. Air Inflatables at Frankston Indoor Sports Centre recommends that if you have weight-related concerns you should consult your health services provider and receive medical clearance before engaging in jumping at Air Inflatables at Frankston Indoor Sports Centre.

5. You agree to pay the cost of and you authorise Air Inflatables at Frankston Indoor Sports Centre to take all steps it considers reasonably necessary to protect your welfare in the event of personal injury, including the administration of any emergency medical treatment and ambulance transportation.

6. If you purchase a ticket for the use of the Inflatable facilities at Air Inflatables at Frankston Indoor Sports Centre on behalf of another person, you agree that you make that purchase as an authorised representative of that person and accept responsibility for ensuring they are aware of these terms and conditions prior to participating in any of the activities at Air Inflatables at Frankston Indoor Sports Centre.

7. All tickets remain the property of Air Inflatables at Frankston Indoor Sports Centre and cannot be transferred, altered or resold. They are valid only for the date shown and are void if tampered with. Tickets must be presented to Air Inflatables at Frankston Indoor Sports Centre’s authorized personnel upon request 8. You must comply with all signs or other directions of Air Inflatables at Frankston Indoor Sports Centre. Air Inflatables at Frankston Indoor Sports Centre may suspend or cancel your access to recreational services in its absolute discretion for non compliance with these conditions, or for reckless or careless conduct. In particular, you agree that:

Air Inflatables at Frankston Indoor Sports Centre Terms & Conditions of Entry

(a) mobile phones and Go Pro type camera’s must not be used whilst engaged in the recreational activities; .

(b) you must only use socks approved by Air Inflatables at Frankston Indoor Sports Centre .

(c) food or drink must not be consumed whist engaging in the recreational activities .

(d) smoking, consumption of alcohol and chewing gum is only permitted in the designated areas .

(e) you will not be allowed to participate in any recreational activities if reasonably considered by Air Inflatables at Frankston Indoor Sports Centre to be under the influence of alcohol or drugs or a mind altering substance which may impair your judgement or physical ability to safely participate in the activities offered by Air Inflatables at Frankston Indoor Sports Centre.

(f) you are aware of recommended warnings concerning forces & actions that could aggravate physical conditions such as pre-existing medical conditions, circulatory conditions, heart or lung conditions, recent surgeries, back or neck conditions, high blood pressure, spine, musculoskeletal, head injury, or pregnancy.

9. You authorise Air Inflatables at Frankston Indoor Sports Centre to take photographic and visual images of you or anyone in your legal care while in the venue and utilising the venue facilities which may be used for promotional purposes. 10. All prices/transactions are processed in Australian Dollars (AUD) and include GST.

11. Bookings for parties or general entry are non-refundable once paid. In the event you are unable to attend your booking time you may reschedule your booking to another day or time (subject to availability) given you have provided no less than 24 hours notice. Air Inflatables at Frankston Indoor Sports Centre at times may need to cancel your booking for unforeseen circumstances such as extreme weather. If this should occur you will be offered the choice to reschedule your booking or a full refund.

12. To the maximum extent permitted by law, but subject to the non-excludable consumer guarantees implied pursuant to the Australian Consumer Law, in no event will Air Inflatables at Frankston Indoor Sports Centre or its employees, directors and agents be liable in respect of any claim for any indirect or consequential loss or damage including without limitation personal injury, financial loss (such as loss of profits or use of capital or revenue or otherwise),or for any punitive, exemplary, special or incidental loss or damage whether such liability arises in contract, tort (including negligence), equity, breach of statute or statutory duty or breach of any consumer guarantee.

13. (a) (b) (c) agreement between you and Air Inflatables at Frankston Indoor Sports Centre. These terms and conditions: are governed by the laws which apply in Victoria supersede any and all previous oral or written promises, representations or agreements and, together with the non-excludable guarantees set out in the Australian Consumer Law, comprise the entire

PARENTS OR LEGAL GUARDIAN’S ADDITIONAL INDEMNIFICATION

(Must be completed for participants under the age of 18) In consideration of the below mentioned minor/s, being permitted by Air Inflatables at Frankston Indoor Sports Centre to participate in its activities and to use their equipment and facilities, I further agree to indemnify and hold harmless Air Inflatables at Frankston Indoor Sports Centre from any and all claims which are brought by, or on behalf of the below Minor/s, and which are in any way connected with such use or participation by the below Minor/s.

By signing this document, I have provided information showing that I am over 18 years of age, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Air Inflatables at Frankston Indoor Sports Centre on the basis of any claim from which I have released them herein, I have read the RULES in the posted SAFETY COMMITTMENT and I have also explained the rules to the minors listed above, I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.