What information do we collect?

We collect information from you when you register on our site, fill out a booking form or sign a Waiver of Liability. When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, age and phone number. You may, however, visit our site anonymously.

What do we use your information for?

Any of the information we collect from you may be used in one of the following ways:

•                To administer a booking, contest, promotion, survey or other site feature

•                To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)

•                To send periodic emails

The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.

Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.

How do we protect your information?

We implement a variety of security measures to maintain the safety of your personal information when you enter, submit, or access your personal information.

Do we use cookies?

Yes.

Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information.

We use cookies to understand and save your preferences for future visits and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

We also use cookies in conjunction with Google Display Advertising, Remarketing, and Analytics. You can opt out of Google Analytics for Display Advertising and customize Google Display Network ads using the Ad Preferences Manager. Third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on your past visits to our website. We do not collect and use any personally identifiable information about you, such as email addresses and telephone numbers, for this purpose.

Do we disclose any information to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Third party links

Occasionally, at our discretion, we may include or offer third party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

Online Privacy Policy Only

This online privacy policy applies only to information collected through our website and not to information collected offline.

Your Consent

By using our site, you consent to our online privacy policy.

Changes to our Privacy Policy

If we decide to change our privacy policy, we will post those changes on this page, and/or update the Privacy Policy modification date below. This policy was last modified on 27th May 2019.

Contacting Us

If there are any questions regarding this privacy policy, you may contact us using the information below.CON

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BEATBALL AUSTRALIA PTY LTD CONDITIONS OF SALE

The following conditions of sale (‘Conditions of Sale’) will apply to and bind the purchaser of any BEATBALL product

described in any of our websites or in this document.

NOTICE TO USER: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SELECTING YOUR PURCHASES. BY SELECTING THE

“I AGREE” CHECKBOX, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO

BE BOUND BY ITS CONDITIONS. IF YOU ARE MAKING A PURCHASE ON BEHALF OF ANOTHER PERSON, YOU UNDERSTAND

THAT ALL PARTICIPANTS MUST AGREE TO THE WAIVER AT ANNEXURE A BEFORE PARTICIPATING IN BEATBALL, AND BY

PARTICIPATING IN ANY ACTIVITIES IN THE BEATBALL VENUE ALL PARTICIPANTS CONFIRM THAT THEY HAVE READ AND

AGREE TO THESE TERMS AND CONDITIONS, INCLUDING THE WAIVER.

1. While in any BEATBALL venue the Participant consents to images and video being taken for security or promotional

purposes of Participants and children for whom they are responsible. Such images and videos will be the exclusive property

of BEATBALL and the Participant agrees to the free publication and/or use in any form or media whatsoever of such images

and videos, without payment or compensation. For further information, please see our Privacy Policy attached.

2. All tickets remain the property of BEATBALL and cannot be transferred or resold. They are valid only for the date shown

and are void if tampered with.

3. If You purchase a ticket or are given a complimentary free entry pass for the use of the court and trampolines or any

other equipment or facilities at any BEATBALL 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.

ANNEXURE A - WAIVER

IMPORTANT NOTICE – PLEASE READ

WHO WE ARE: For the purpose of this waiver "Company" is Beatball Australia Pty Ltd as well as Beatball Australia Pty Ltd.’s

affiliates, employees, owners, directors, instructors, referees, agents, successors and assigns.

Company is the supplier of recreational services (as defined in section 139A of the Competition and Consumer Act).

Company sells all tickets and supplies all recreational services and facilities to You at the BEATBALL venues including, but

not limited to use of the BEATBALL court, trampolining, trampolining lessons, any other Beatball related training lessons

and use of the 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 sporting or leisure time

pursuits (together the Activities).

WHAT YOU AGREE TO: In consideration for the Company allowing You to participate in the Activities, You or any other

person identified herein, including any children, relatives or dependants ("You") agree to the following conditions:

1. RISKS: YOU ACKNOWLEDGE THAT YOUR ATTENDANCE AT A BEATBALL VENUE AND PARTICIPATION IN THE

ACTIVITIES IS A RECREATIONAL ACTIVITY AND IS DANGEROUS WITH MANY INHERENT, AND SERIOUS RISKS AND

HAZARDS, NOT ONLY FROM USE OF THE FACILITIES BUT RISKS OF INJURY FROM FELLOW PARTICIPANTS.

AS A CONSEQUENCE, PERSONAL INJURY (INCLUDING FOR EXAMPLE CUTS AND BRUISES, BROKEN BONES AS WELL

AS MORE SERIOUS AND SIGNIFICANT INJURY, UNANTICIPATED OR UNFORESEEABLE INJURIES, PERMANENT

DISABILITY AND SOMETIMES DEATH) CAN OCCUR. AS A RESULT OF THIS, YOU MAY SUFFER A LOSS OF INCOME,

FINANCIAL LOSE OR OTHER FORMS OF ECONOMIC LOSS.

You acknowledge that the assumption of risk and warning above constitutes a 'risk warning' pursuant to any

relevant legislation including the Civil Liability Act 2002 (NSW) and the Civil Liability Act 2002 (WA).

2. ACCEPTANCE OF RISKS: You agree that Your participation in the Activities is purely voluntary, and that You

assume and accept all such risks (including the risk of personal injury and death, as well as economic loss).

You agree to pay the cost of and authorise Company 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. You certify that You have adequate insurance to cover any injury or damage You

suffer while participating in the Activities or at the BEATBALL venue, and otherwise indemnify Company for any

costs it incurs in relation to the protection of Your welfare.

3. COMPANY'S LIABILITY TO YOU: Subject to any law that cannot be excluded, the Company is not liable to You,

Your dependents, successors, assigns or legal representatives for economic loss, personal injury or death suffered

by You whatsoever because the 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 Company.

BEATBALL AUSTRALIA PTY LTD

1/263-271 WELLS ROAD CHELSEA HEIGHTS VICTORIA 3196

EMAIL: info@beatball.com.au

You agree that in exchange for being permitted to participate in the Activities, You release and agree to

indemnify and hold harmless Company from any claim, demand, or cause of action, including any claim in

relation to economic loss personal injury or death in any way whatsoever caused (including by negligence) by or

relating to the Participant’s participation in the Activities, to the maximum extent permitted by law (including a

release of liability for death or personal injury in the provision of recreational services pursuant to the Australian

Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)).

You agree that the application the provisions of Subdivision B of Division 1 of Part 3-2 of the Australian Consumer

Law, the exercise of rights under those guarantees, and any liability of the Company for a failure to comply with

those guarantees, are excluded. This exclusion of liability is limited to liability for:

(a) death; or

(b) a physical or mental injury of an individual (including the aggravation, acceleration or recurrence of such an

injury of the individual); or

(c) the contraction, aggravation or acceleration of a disease of an individual; or

(d) 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:

i. That is or may be harmful or disadvantageous to the individual or community; or

ii. That may result in harm or disadvantage to the individual or community.

Subject to law which cannot be excluded, you waive the right to sue Company for any personal injury or death

caused by or relating to the Your participation in the Activities.

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012: Under the Australian

Consumer Law (VIC), several statutory guarantees apply to the supply of certain goods and services. These

guarantees mean that the supplier named on this form is required to ensure that the recreational services it

supplies to you:

- are rendered with due care and skill;

- 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 sign this form, 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 form.

NOTE: The change to your rights, as set out in this form, 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

23(3)(b) of the Australian Consumer Law Fair Trading Act 2012.

4. YOUR CONDUCT WHILE PARTICIPATING IN THE ACTIVITIES: You must use the trampolines and other equipment

at the BEATBALL venue in a responsible manner, and with respect for Your own safety and the safety of others.

You may be liable to other individuals for their injuries. You must pay for any damage You cause to the

trampolines or any equipment at the BEATBALL venue .

Where You are responsible for a child, You agree to be bound by these conditions on the child’s behalf. You take

responsibility for the child’s safety and must directly supervise them at all times.

You must comply with all signs or other directions of the Company and the Company may suspend or cancel Your

access to recreational activities at any BEATBALL venue in its absolute discretion for non-compliance with these

conditions, or for reckless or careless conduct.

5. PHYSICAL AND CLOTHING REQUIREMENTS: The Company reserves the right to not permit any person to

participate in the Activities if, in the Company's sole discretion, it determines that they are not fit to do so. If this

occurs, Company will refund the ticket price to You.

a. YOU WARRANT THAT YOU ARE OF GOOD HEALTH AND FREE FROM ANY ADVERSE MEDICAL

CONDITIONS INCLUDING BUT NOT LIMITED TO 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. IF YOU HAVE ANY

CONCERNS ABOUT WHETHER YOU ARE FIT TO PARTICIPATE IN THE ACTIVITIES, YOU SHOULD CONTACT

A MEDICAL PROFESSIONAL BEFORE PARTICIPATING.

b. FOR SAFETY REASONS, PREGNANT WOMEN, CUSTOMERS WITH PRE-EXISTING HEALTH ISSUES OR

WEARING CASTS ARE NOT PERMITTED TO PARTICIPATE IN THE ACTIVITIES.

c. You acknowledge that smoking, the consumption of alcohol or the use of any unlawful drugs or

stimulants during the Activities is strictly forbidden and your participation in the Activities will not be

allowed should a member of the Company consider that you have undertaken these activities at a

BEATBALL venue or are under the influence of alcohol or unlawful drugs or stimulants.

d. The weight limit for participation in the Activities is 120kgs. It is advised by Company that before

engaging in any Activity, a Customer with weight concerns should seek approval from their medical

practitioner.

e. The minimum height recommended for the activity floor is 110cm or above. Without limiting any of the

Conditions, Customers and supervisors of children acknowledge that access to the activity floor outside

of this recommendation is at their own risk.

f. Children must be at least 3 years of age to use the facilities at any BEATBALL venue and when less than

13 years of age be supervised by a responsible adult at all times. By allowing a child between the age of

(3) and (13) to participate in activities at Beatball you agree that no level of supervision by the staff at

Beatball or yourself can ensure their complete safety.

g. You acknowledge that BEATBALL grip socks must be worn at all times on the Beatball Court, the

trampolines and other activity areas, and that closed toe, rubber non slip soled shoes must be worn at

all other times within any BEATBALL venue. No open toe shoes will be permitted in any BEATBALL

venue. Anyone entering the venue wearing inappropriate footwear will be required to purchase and

wear a pair of BEATBALL grip socks for the duration of their visit.

6. YOUR BELONGINGS: You must look after Your own belongings at the BEATBALL venue. Items such as phones and

cameras may get damaged if they are used while trampolining, and BEATBALL shall not be liable for any loss or

damage to Your property (howsoever caused) in the course of trampolining or engaging in other recreational

activities at the BEATBALL venue. No phones or cameras may be used in the trampoline areas or inside the

Beatball court area at any time.

If You choose to use any cloakroom or storage facilities offered by BEATBALL, we do not recommend storing any

valuables there. To the extent permitted by law, Company's maximum liability to You for any loss or damage to

property stored in any cloakroom or storage facilities at the BEATBALL venue (whether arising from BEATBALL

negligence or otherwise) shall be $10.00.

7. LEGAL STUFF: THIS WAIVER DOES NOT EXCLUDE ANY LAW (INCLUDING THE AUSTRALIAN CONSUMER LAW) THAT

CANNOT OTHERWISE BE EXCLUDED. YOU ACKNOWLEDGE THAT, IF ANY CLAUSE OF THIS WAIVER OF LIABILITY IS

FOUND TO BE INVALID, IT WILL BE STRUCK OUT AND THE BALANCE OF THE WAIVER OF LIABILITY WILL REMAIN IN

EFFECT AND ENFORCABLE. You agree that this Waiver of Liability will be interpreted under the laws of Victoria,

Australia.

YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER OF LIABILITY IN ITS ENTIRETY AND HAVE

CONSIDERED THE EFFECTS OF IT FOR YOU. YOU ACKNOWLEDGE AND FULLY UNDERSTAND THAT THIS IS BINDING ON

YOU, AND ANY CHILDREN, RELATIVES OR DEPENDANTS, SUCCESSORS OR ASSIGNS.

DO NOT SIGN THIS UNLESS YOU AGREE TO BE BOUND BY THE TERMS SET OUT ABOVE

agree

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Emergency Contact

Emergency Contact's Name*

Emergency Contact's Phone Number*
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 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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