PROGRAMS WAIVER
BOUNCEinc
IMPORTANT NOTICE – PLEASE READ
EXCLUSION OF LIABILITY – WAIVER OF RIGHT TO SUE – YOUR ASSUMPTION OF RISK
THESE CONDITIONS AFFECT YOUR LEGAL RIGHTS!
Bounce Australia Pty Ltd (ACN 154 220 569), trading as BOUNCEinc as the supplier of recreational services, sells all tickets and supplies all recreational services and facilities to you (the customer) including, but not limited to trampolining, trampolining lessons, use of the wall, foam pit, 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 associated sporting activities or similar leisure time pursuits (recreational activities) in the BOUNCEinc venue subject to the following conditions:
1. By purchasing a ticket for or by using any of the facilities at any BOUNCEinc venue, the customer agrees to be bound by these conditions.
2. BOUNCEinc, its employees, directors and agents are not liable to the customer, your dependants or legal representatives for personal injury or death suffered by the customer 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, statute or statutory duty by BOUNCEinc.
3. The customer acknowledges that the recreational activities are dangerous with many inherent risks and hazards and as a consequence personal injury and sometimes death can occur and the customer assumes and accepts all such risks and hereby waives the right to sue BOUNCEinc for any personal injury or death in any way whatsoever caused by or relating to the customer’s participation in such activities.
4. RISK WARNING: The use of trampolines, the wall, foam pit, bag jump or any other equipment at any BOUNCEinc venue involves a significant risk of participants suffering personal injury including the possibility of serious injuries, permanent disability or death. All participants who engage in such recreational activities do so at their own risk.
5. WARNING: If you participate in these activities your rights to sue the supplier under the Australian Consumer Law & 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 sign (paragraphs 2 and 3).
6. NOTE: The change to your rights, as set out in or on this sign, 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 & Fair Trading Regulations 2012 and section 23(3)(b) of the Australian Consumer Law & Fair Trading Act 2012.
7. The customer agrees to pay the cost of and authorises BOUNCEinc to take all steps it considers reasonably necessary to protect his/her welfare in the event of personal injury, including the administration of any emergency medical treatment and ambulance transportation.
8. Children must be at least 3 years of age to use the facilities at any BOUNCEinc venue and when less than 12 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 supervise them at all times.
9. Participants must be in good health and free from any adverse medical conditions. For safety reasons, pregnant women, customers with pre-existing health issues or wearing casts are not permitted on the trampolines, the wall, foam pit, bag jump or any other equipment. If in doubt please seek medical advice.
10. While in any BOUNCEinc venue you consent to images and video being taken for security or promotional purposes of yourself, your children or of children for whom you are responsible.
11. All tickets remain the property of BOUNCEinc and cannot be refunded, transferred or resold. They are valid only for the date shown and are void if tampered with.
12. The customer and all participants must comply with all signs or other directions of BOUNCEinc and it may suspend or cancel the customer’s and a participant’s access to recreational activities at any BOUNCEinc venue in its absolute discretion for non-compliance with these conditions, or for reckless or careless conduct.
13. If you purchase a ticket for the use of the trampolines or any other equipment or facilities at any BOUNCEinc venue on behalf of another person, you and that other person both agree that you make that purchase as the authorised agent of that other person so that he/she will be bound by these conditions.
14. These conditions shall be governed by and construed firstly in accordance with the laws of the State in which your purchase is made (the courts of which shall have exclusive jurisdiction) and then in accordance with the laws of the Commonwealth of Australia. If any of these conditions should be determined to be void, invalid or otherwise unenforceable, such conditions shall be deemed deleted and the remaining conditions shall remain and continue to be valid, binding and enforceable.
PRIVACY STATEMENT – See Website: www.bounceinc.com.au for privacy statement