Lorne Sea Baths Privacy Policy

Purpose:

The purpose of this policy is to outline Lorne Sea Baths’ use of the information it collects about its customers and the procedures in place to protect this information. Lorne Sea Baths respects the privacy of its customers and places the highest importance on its protection, in accordance with its own principles and with legal requirements.

Lorne Sea Baths acts in compliance with the Information Privacy Principles and National Privacy Principles contained in the Privacy Act 1988 (Cth).

Collection of information

The information collected by Lorne Sea Baths may include, but is not limited to, personal information including name, date of birth, contact details (including phone numbers and postal and email addresses), occupation and driver’s license number. For the purpose of membership fee transactions Lorne Sea Baths may collect financial information, including credit card details.

All of the above details are gathered only when provided by the customer, usually when applying for membership of the Lorne Sea Baths facilities. The information may be gathered as an application form or questionnaire or in personal dealings over the telephone or by email. You may also apply for membership via our website, and supply your personal details online.

We will collect personal information from you by lawful and fair means and not in an unreasonably intrusive way.

 

Purpose of collection of information

The primary purpose for the collection of personal information is to provide customers with the products and services they have requested. It also ensures we have the ability to contact you, should any matter of you membership require discussion.

Your contact details may be used to send you, either via post or email, newsletters and promotional material. You will have the ability to opt out of such communications.

 

Protection of personal information

We use information you provide only for purposes consistent with the reason you provided it, or for a directly related purpose.

Your personal information will not be shared with any third parties unless we have either your implied or express consent, if it is required or permitted by law, or if it is in the public interest (e.g. where a crime is committed or suspected).

There may be other occasions where it will be necessary for Lorne Sea Baths to disclose your personal information to third parties, in order to provide the service you have requested: for example, if you purchase a membership online, Lorne Sea Baths will need to disclose your personal information to third parties in order to bill and deliver your products.

Lorne Sea Baths employs appropriate technical, administrative and physical procedures to protect personal information from unauthorised disclosure, loss, misuse or alteration. Personal information is kept only as long as it is required by business purposes or by law. Our billing company is PCI-DSS  compliant (Payment Card Industry - Data Security Standards)  and provides secure encrypted portals for any uploading of information.

Website security and privacy

There are several ways in which you may interact with Lorne Sea Baths online, including through online membership applications, and through contacting us via online request.

You may have concerns about the security of personal information collected online.

Accordingly, we operate secure data networks that are designed to protect your privacy and security Industry standard encryption software is used...

Software programs are also employed to monitor network traffic in order to identify unauthorised attempts to upload or change information. Unauthorised modification or misuse of information stored in this system will be investigated and may result in criminal prosecution.

In those instances where we secure your personal information in transit to us and upon receipt, we use the industry standard encryption software, Secured Socket Layer (SSL) 128 bit encryption. The URL in your browser will change to "HTTPS" instead of "HTTP" when this security feature is invoked. Your browser may also display a lock symbol on its bottom task bar line to indicate this secure transmission is in place.

 

Your rights and choices

You have the right to request access to the personal information you provide, and to correct or update your personal information.

You may instruct Lorne Sea Baths to remove any previous consent you provided to receive marketing communications.

 

Further information

If you have any queries or concerns about the collection, use or protection of your personal information, please contact us:

Lorne Sea Baths

Lorne Foreshore

81 Mountjoy Parade, Lorne

Victoria, Australia

3232

P: +61 3 52892077

F: +61 3 52891977

E: lorneseabaths@gmail.com

 

For more information about your privacy rights and privacy law:

Office of the Australian Information Commissioner Privacy hotline: 1300 363 992

www.privacy.gov.au

The Australian Information Commissioner
GPO Box 5218
Sydney NSW 1042

 

 

 

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1.PATRON RESPONSIBILITY OBLIGATIONS

There are inherent risks in the participation in or on any trampoline court.  Patrons of a trampoline park, by becoming active participants, accept the risks inherent in such participation of which a prudent person is or should be aware.  Patrons have a duty to exercise good judgement and act in a responsible manner while using the trampoline court and to obey all oral or written warnings, or both prior to or during participation, or both.

(a) Patrons have a duty to not participate on any trampoline court when under the influence of drugs or alcohol.
(b) Patrons have a duty to properly use all trampoline court safety equipment provided.
(c) Patrons have a duty to not participate in or on any trampoline court if they have pre-existing medical conditions, including but not limited to circulatory conditions, heart or lung conditions, recent surgeries, back or neck conditions, high blood pressure, any history of spine, musculoskeletal or head injury, or may be pregnant.
(d) Patrons have a duty to remove inappropriate attire, including hard, sharp or dangerous objects (including but not limited to buckles, pens, purses, badges and any other items which may be sharp or dangerous to the Patron or any other patron).
(e) Patrons have a duty to avoid bodily contact with other patrons.
(f) Patrons have a duty to conform with or meet height, weight or age restrictions imposed by the manufacturer or owner to use or participate in the trampoline court activity.
(g) Patrons have a duty to avoid crowding or overloading individual sections of the trampoline court.
(h) Patrons have a duty to use the trampoline court within their own limitations, training and acquired skills.
(i) Patrons have a duty to avoid landing on their head or neck.  Serious injury, paralysis or death can occur even when landing on the trampoline bed, foam pit, air bag, rubber or other padding.
(j) When required by the operator, patrons are required to use approved socks specified for safe use of the facility.
 
2.ACCEPTANCE OF RISK WAIVER – LORNE TRAMPOLINES

I (“the Participant”) irrevocably and unconditionally acknowledge and agree that:

1) Jumping and/or participating in any way in or on a trampoline (referred to as “Trampolining”) is inherently dangerous and may lead to death or injury. 

2) By participating in Trampolining, I will be exposed to certain risks, including in relation to acts or omissions of third parties.

3 )I have read and understand the Patron Responsibility Obligations (“Patron Responsibility Obligations”) set out above and displayed at Lorne Sea Baths located at Lorne Foreshore, 81 Mountjoy  Parade, Lorne (“Lorne Sea Baths”)

4) I do not suffer from any pre-existing medical condition as set out in the Patron Responsibility Obligations or any other health condition which would increase the risk of me participating in Trampolining.

5) When at Lorne Sea Baths and/or participating in Trampolining, I will:
a) Read the Patron Responsibility Obligations and all signage displayed at Lorne Sea Baths prior to participating in Trampolining;
b) Comply with the Patron Responsibility Obligations;
c) Comply with all signage displayed at Lorne Sea Baths;
d) Follow all directions given by any employee or agent for the operator, Lorne Recreation Pty Ltd (ACN 118 356 700) as trustee for the Lorne Recreation Trust (“Lorne Recreation”);
e) Cease Trampolining and leave Lorne Sea Baths if directed to by any employee or agent of Lorne Recreation.

6) I have made inquiries about the risks referred to in the Patron Responsibility Obligations (including as set out at Item 1 above) and as set out in this item 2 and, to the maximum extent permitted by law, I voluntarily accept, and assume full responsibility for all risks and dangers associated with Trampolining, including without limitation any risk of injury or death arising out of or in connection with Trampolining.

7) To the maximum extent permitted by law, I hereby forever waive all my rights of action against, and release Lorne Recreation Pty Ltd (ACN 118 356 700) as trustee for the Lorne Recreation Trust and its directors, employees, contractors and sub-contractors (together the “Indemnified Parties”) from all claims, actions, proceedings, liabilities, losses, and damages in relation to death or any injury (including, without limitation, mental harm) (together “Claims and Losses”) arising out of or in connection with:
a) my participation in Trampolining;
b) any negligence of the Indemnified Parties or any third party; or
c) a breach by any of the Indemnified Parties of the consumer guarantees under the Australian Consumer Law.

8) To the maximum extent permitted by law, I hereby agree to indemnify and keep indemnified each of the Indemnified Parties from and against all Claims or Losses which any Indemnified Party may incur or sustain or made against any of the Indemnified Parties, in respect of or arising in connection with:
a) my participation in Trampolining;
b) death or injury (including, without limitation, mental harm) suffered by:
i) myself; or
ii) a third party to the extent caused or contributed to by my act or omission; or
c) loss of, damage to, or destruction of any property to the extent caused or contributed to by my act or omission.

9) WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012

a) Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services.  These guarantees mean that the operator 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.
b) Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the operator is entitled to ask you to agree that these statutory guarantees do not apply to you.  If you sign this acknowledgement of risk, 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 this acknowledgement of risk.
c) NOTE: The change to your rights, as set out in this acknowledgement, 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.

10)Lorne Recreation Pty Ltd (ACN 118 356 700) as trustee for the Lorne Recreation Trust holds the benefit of the indemnities in this form on trust for each of the Indemnified Parties, and may enforce the indemnity on their behalf.

11)I affirm that this agreement supersedes any and all previous oral or written promises or agreements.  I understand that this is the entire agreement between me and Lorne Recreation Pty Ltd (ACN 118 356 700) as trustee for the Lorne Recreation Trust and cannot be modified or changed in any way by representations or statements by any employee or agent of Lorne Recreation Pty Ltd (ACN 118 356 700) as trustee for the Lorne Recreation Trust.
12)I enter into this Acknowledgement of Risk in relation to all Trampolining and attendances at Lorne Sea Baths from the date of this Acknowledgement for a period of 12 months.

3. ACKNOWLEDGMENT BY PARENT / LEGAL GUARDIAN

1) I warrant to Lorne Recreation Pty Ltd (ACN 118 356 700) as trustee for the Lorne Recreation Trust that I am the parent / legal guardian of the Participant. 
2) I further warrant that I have read, and explained to the Participant, the terms of this Acknowledgement, including the Acceptance of Risk above. 
3) I hereby consent to the Participant participating in Trampolining at his / her own risk on the terms of the Acceptance of Risk above.
4) I, on behalf of the Participant, to the maximum extent permitted by law forever waive all of the Participant’s rights of action against, and release the Indemnified Parties from all Claims and Losses arising out of or in connection with:
a)the Participant’s participation in the Trampolining;
b)any negligence of the Indemnified Parties; or
c)a breach by any of the Indemnified Parties of the consumer guarantees under the Australian Consumer Law.
5) To the maximum extent permitted by law, I hereby agree to indemnify and keep indemnified each of the Indemnified Parties from and against all Claims and Losses which any Indemnified Party may incur or sustain or made against any of the Indemnified Parties, in respect of or arising in connection with:
a)the Participant’s participation in the Trampolining
b)death or injury (including, without limitation, mental harm) suffered by:
i)the Participant; or
ii)a third party to the extent caused or contributed to by an act or omission of the Participant; or
c)loss of, damage to, or destruction of any property to the extent caused or contributed to by an act or omission of the  Participant.
6) This consent and acknowledgement is to apply to all Trampolining by the Participant and all attendances at Lorne Sea Baths from the date of this acknowledgement for a period of 12 months.    

EXECUTION AND ACKNOWLEDGMENT

By executing this acknowledgement via Smart Waiver, I irrevocably and unconditionally acknowledge and agree that I am bound by the terms and conditions contained in this Acknowledgement of Risk and Acknowledgement by Parent/Guardian (if applicable).

 

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Medical Info
PREVIOUS INJURY CHECK - Do you have any pre-existing injuries or medical conditions?*
No
Yes

If YES, please describe in a few words, nature of Injury or Medical Condition
COVID HEALTH CHECK 1 - Are you experiencing any symptoms of COVID-19 including shortness of breath & fever?*
COVID HEALTH CHECK 2 - Have you been in contact with anyone who has been diagnosed with COVID or has experienced COVID symptoms in the last 14 Days?*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Second Participant's Medical Info
PREVIOUS INJURY CHECK - Do you have any pre-existing injuries or medical conditions?*
No
Yes

If YES, please describe in a few words, nature of Injury or Medical Condition
COVID HEALTH CHECK 1 - Are you experiencing any symptoms of COVID-19 including shortness of breath & fever?*
COVID HEALTH CHECK 2 - Have you been in contact with anyone who has been diagnosed with COVID or has experienced COVID symptoms in the last 14 Days?*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Third Participant's Medical Info
PREVIOUS INJURY CHECK - Do you have any pre-existing injuries or medical conditions?*
No
Yes

If YES, please describe in a few words, nature of Injury or Medical Condition
COVID HEALTH CHECK 1 - Are you experiencing any symptoms of COVID-19 including shortness of breath & fever?*
COVID HEALTH CHECK 2 - Have you been in contact with anyone who has been diagnosed with COVID or has experienced COVID symptoms in the last 14 Days?*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Medical Info
PREVIOUS INJURY CHECK - Do you have any pre-existing injuries or medical conditions?*
No
Yes

If YES, please describe in a few words, nature of Injury or Medical Condition
COVID HEALTH CHECK 1 - Are you experiencing any symptoms of COVID-19 including shortness of breath & fever?*
COVID HEALTH CHECK 2 - Have you been in contact with anyone who has been diagnosed with COVID or has experienced COVID symptoms in the last 14 Days?*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Medical Info
PREVIOUS INJURY CHECK - Do you have any pre-existing injuries or medical conditions?*
No
Yes

If YES, please describe in a few words, nature of Injury or Medical Condition
COVID HEALTH CHECK 1 - Are you experiencing any symptoms of COVID-19 including shortness of breath & fever?*
COVID HEALTH CHECK 2 - Have you been in contact with anyone who has been diagnosed with COVID or has experienced COVID symptoms in the last 14 Days?*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Medical Info
PREVIOUS INJURY CHECK - Do you have any pre-existing injuries or medical conditions?*
No
Yes

If YES, please describe in a few words, nature of Injury or Medical Condition
COVID HEALTH CHECK 1 - Are you experiencing any symptoms of COVID-19 including shortness of breath & fever?*
COVID HEALTH CHECK 2 - Have you been in contact with anyone who has been diagnosed with COVID or has experienced COVID symptoms in the last 14 Days?*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Medical Info
PREVIOUS INJURY CHECK - Do you have any pre-existing injuries or medical conditions?*
No
Yes

If YES, please describe in a few words, nature of Injury or Medical Condition
COVID HEALTH CHECK 1 - Are you experiencing any symptoms of COVID-19 including shortness of breath & fever?*
COVID HEALTH CHECK 2 - Have you been in contact with anyone who has been diagnosed with COVID or has experienced COVID symptoms in the last 14 Days?*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Medical Info
PREVIOUS INJURY CHECK - Do you have any pre-existing injuries or medical conditions?*
No
Yes

If YES, please describe in a few words, nature of Injury or Medical Condition
COVID HEALTH CHECK 1 - Are you experiencing any symptoms of COVID-19 including shortness of breath & fever?*
COVID HEALTH CHECK 2 - Have you been in contact with anyone who has been diagnosed with COVID or has experienced COVID symptoms in the last 14 Days?*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Medical Info
PREVIOUS INJURY CHECK - Do you have any pre-existing injuries or medical conditions?*
No
Yes

If YES, please describe in a few words, nature of Injury or Medical Condition
COVID HEALTH CHECK 1 - Are you experiencing any symptoms of COVID-19 including shortness of breath & fever?*
COVID HEALTH CHECK 2 - Have you been in contact with anyone who has been diagnosed with COVID or has experienced COVID symptoms in the last 14 Days?*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Medical Info
PREVIOUS INJURY CHECK - Do you have any pre-existing injuries or medical conditions?*
No
Yes

If YES, please describe in a few words, nature of Injury or Medical Condition
COVID HEALTH CHECK 1 - Are you experiencing any symptoms of COVID-19 including shortness of breath & fever?*
COVID HEALTH CHECK 2 - Have you been in contact with anyone who has been diagnosed with COVID or has experienced COVID symptoms in the last 14 Days?*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Medical Info
PREVIOUS INJURY CHECK - Do you have any pre-existing injuries or medical conditions?*
No
Yes

If YES, please describe in a few words, nature of Injury or Medical Condition
COVID HEALTH CHECK 1 - Are you experiencing any symptoms of COVID-19 including shortness of breath & fever?*
COVID HEALTH CHECK 2 - Have you been in contact with anyone who has been diagnosed with COVID or has experienced COVID symptoms in the last 14 Days?*
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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