Treehouse Adventure Centre
IMPORTANT NOTICE - PLEASE READ
EXCLUSION OF LIABILITY - WAIVER OF RIGHT TO SUE - YOUR ASSUMPTION OF RISK
THESE CONDITIONS AFFECT YOUR LEGAL RIGHTS
S. Owen & D. Walker Pty Ltd (ACN 605 277 021), trading as Treehouse Adventure Centre 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 inflatable castles, climbing, playground, equipment rental, the condition, layout, construction, design, maintenance and use of the climbs and surrounds, 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 Treehouse Adventure Centre venue subject to the following conditions:
By purchasing a ticket for or by using any of the facilities at any Treehouse Adventure Centre venue, the customer agrees to be bound by these conditions.
- Treehouse Adventure Centre, 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 Treehouse Adventure Centre.
- 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 Treehouse Adventure Centre for any personal injury or death in any way whatsoever caused by or relating to the customers participation in such activities.
- RISK WARNING: The use of inflatables, climbing walls, pillars, playground or any other equipment at Treehouse Adventure Centre 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.
- 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).
- 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 suppliers 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.
- The customer agrees to pay the cost of and authorises Treehouse Adventure Centre 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.
- Children must be at least 2 years of age to use the inflatables, and when less than 6 years of age be supervised at all times by a parent or responsible guardian. Where you are responsible for such children you agree to be bound by these conditions on their behalf and you will directly supervise then at all times.
- Children must at least 4 years of age to use the harnesses and climbing walls and when less than 13 years of age, be supervised by a parent or 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 then at all times.
- Weight limits for individual users on the equipment may apply.
- 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 inflatables, climbing walls, playground or any other equipment. If in doubt please seek medical advice.
- While in Treehouse Adventure Centre 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.
- All tickets remain the property of Treehouse Adventure Centre and cannot be refunded, transferred or resold. They are valid only for the date shown and are void if tampered with.
- The customer and all participants must comply with all signs or other directions of Treehouse Adventure Centre and it may suspend or cancel the customers and a participants access to recreational activities at any Treehouse Adventure Centre venue in its absolute discretion for non-compliance with these conditions, or for reckless or careless conduct.
- If you purchase a ticket for the use of the inflatables or any other equipment or facilities at any Treehouse Adventure Centre 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.
- 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.
FOR THE PARTICIPANT
I Agree I have had sufficient opportunity to read this agreement, fully understand its terms, understand that I have given up substantial rights by purchasing a ticket, I freely and voluntary and participate in activities at Treehouse Adventure Centre Within the rules and conditions displayed without inducement of any kind.
December 5, 2020
*This waiver is valid for 6 months from the date of signing*