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
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
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
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
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,
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