TERMS & CONDITIONS
These terms and conditions are incorporated into and form part of the agreement between:
Sky Zone Australia Pty Ltd, (referred to as “SKYZONE” or “we/us”) and You (also referred to as “the Guest”).
You acknowledge that:
We provide you with entry into this facility (“the SKYZONE premises”) and provide you with the facilities in order for you to take part in the sporting or leisure activities (whether related to trampolining or otherwise) that is conducted at the SKYZONE premises (“the recreational activity”). Some of the recreational activities can be inherently dangerous, such that it can result in serious personal injury and death. Particular risks include twists, sprains, broken bones, spinal injury, paralysis, physical injury and/or death.
Before you participate in the recreational activities you should ensure that you are aware of and properly understand all of the risks involved in the recreational activities and that those risks will include any particular risks associated with any health condition from which you suffer. By participating in the recreational activities you acknowledge, agree and understand that the risk warnings contained above constitute a ‘risk warning’ for the purposes of the relevant legislation, including for the purpose of section 5M of the Civil Liability Act 2002 (NSW).
THE BELOW LIMITS YOUR LEGAL RIGHTS AND REMEDIES!
WE ARE THE SUPPLIER OF RECREATIONAL SERVICES AS DEFINED IN SECTION 139A OF THE COMPETITION AND CONSUMER ACT 2010.WARNING: IF YOU PARTICIPATE IN THESE ACTIVITIES YOUR RIGHTS TO SUE THE SUPPLIER UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 IF YOU ARE KILLED OR INJURED BECAUSE THE ACTIVITIES WERE NOT SUPPLIED WITH DUE CARE AND SKILL OR WERE NOT REASONABLY FIT FOR THEIR PURPOSE, ARE EXCLUDED, RESTRICTED OR MODIFIED IN THE WAY SET OUT IN THIS AGREEMENT.
NOTE: THE CHANGE TO YOUR RIGHTS, AS SET OUT IN THIS AGREEMENT, DOES NOT APPLY IF YOUR DEATH OR INJURY IS DUE TO RECKLESS CONDUCT ON THE SUPPLIER'S PART. THE SUPPLIER'S CONDUCT IS "RECKLESS CONDUCT" IF THE SUPPLIER IS AWARE OR SHOULD REASONABLY BE AWARE OF A SIGNIFICANT RISK THAT THE CONDUCT COULD RESULT IN PERSONAL INJURY OF ANOTHER PERSON AND ENGAGES IN THE CONDUCT DESPITE THE RISK AND WITHOUT ADEQUATE JUSTIFICATION.
You agree that:
- By making payment for or by using any of the facilities at the SKYZONE premises you are required to comply with these Terms & Conditions and those other rules and conditions displayed throughout the SKYZONE premises (“the Additional Rules”). If you agree to these Terms & Conditions on behalf of somebody else, then you are considered to be that person’s authorised agent and that other person will be bound by these Terms & Conditions and the Additional Rules.
- If you are agreeing to these Terms & Condition in respect of or on behalf of a child younger than 18 mental disability, lacks the capacity to understand these Terms & Conditions and risk warning), you warrant that you:
- are the parent or legal guardian of the child or incapable person, or
- have authority from the parent or legal guardian of the child or incapable person to accept these Terms & Conditions and enter into a legally binding agreement on behalf of the child or incapable person; and
- acknowledge and understand the risks set out in these Terms & Conditions apply to the child or incapable person.
- Subject to the provisions herein contained and to the extent permitted by law, you release and discharge SKYZONE, its employees, agents, directors and representatives from all liability, obligation and responsibility of any nature whatsoever (including pursuant to guarantees under the Australian Consumer Law relating to the supply of services) arising from SKYZONE's recreational services within the meaning of section 139A of the Competition and Consumer Act 2010 for:
- death; or
- a physical or mental injury of an individual (including the aggravation, acceleration or recurrence of such an injury of the individual); or
- the contraction, aggravation or acceleration of a disease of an individual; or
- the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual:
- that is or may be harmful or disadvantageous to the individual or community; or
- that may result in harm or disadvantage to the individual or community.
- The release and waiver in clause 3 above does not apply to significant personal injury suffered by a person that is caused by the reckless conduct of SKYZONE, its employees, agents, directors or representatives. In this clause, reckless conduct means conduct that SKYZONE, its employees, agents, directors or representatives:
- are aware, or should reasonably have been aware, of a significant risk that the conduct could result in personal injury to another person; and
- engages in the conduct despite the risk and without adequate justification.
- To the extent permitted by law, you release and, discharge and forever hold harmless SKYZONE, its employees, agents, directors and representatives from all liability, obligation and responsibility of any nature whatsoever arising from:
- SKYZONE's services that are not recreational services within the meaning of section 139A of the Competition and Consumer Act 2010; or
- the mere use of SKYZONE's premises.
- The release and waiver in clause 3 above is valid for a period of 12 months from the date of agreeing to these Terms & Conditions.
- SKYZONE will rely on this release and waiver for all uses of the facilities at SKYZONE's premises by You, and any child or incapable person for whom you agreed to these Terms & Conditions, during the 12 month period of validity referred to in clause 6 above.
- To the extent permitted by law, we will not be liable for indirect or consequential loss or damage of any kind, loss of revenue, loss of profits, failure to realise expected profits or savings, overhead costs or other economic losses, in contract, tort (including negligence) under any statute otherwise arising out of or in any way connected to SKYZONE's services or premises.
- You affirm that you understand the scope, nature and extent of the risks involved in the recreational activity covered by these Terms & Conditions and the Additional Rules and that you are not pregnant or under the influence of any drugs, alcohol, illegal substances or anything else which may impair your ability to safely engage in the recreational activity.
- You acknowledge and are aware that the physical exertion required to engage in the recreational activity and/or to participate in the activity can activate or aggravate a pre-existing physical condition.
- You voluntarily, freely and expressly choose to incur all risks associated with engaging in the recreational activity and understand that those risks may include personal injury, property damage, and/or death to you or others.
- You agree to pay the cost of and you authorise SKYZONE to take all steps it considers reasonably necessary to protect your welfare and the welfare of those in your custody or control in the event of personal injury, including the administration of any emergency medical treatment and ambulance transportation.
- Children younger than 12 years of age, must be supervised by a responsible adult. Where you are responsible for such children, you agree that you will directly supervise them at all times.
- SKYZONE may, in its absolute discretion, suspend or cancel your participation in any recreational activity for non- compliance with these Terms & Conditions or the Additional Rules.
- You acknowledge and agree that upon entering the SKYZONE premises you or those children for whom you are responsible may be photographed and/or videoed for promotional purposes.
- All tickets that you purchase to enter the SKYZONE premises may not, without our prior written consent, be resold or offered for resale at a premium or used for advertising, promotion or other commercial purposes either by you as the original purchaser or any subsequent bearer.
- These Terms & Conditions are to be governed by the laws of the State or Territory in which the SKYZONE facilities you attend are located, the Courts of which shall have exclusive jurisdiction to govern the entire agreement between you and SKYZONE. If any part or provision of these Terms & Conditions is determined by a Court to be invalid or unenforceable, all other parts and provisions shall still be given full legal force and effect.