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TERMS AND CONDITIONS OF SALE

In these Terms and Conditions (whether capitalised or not):

  • “You” means both the User and the Buyer, and “Your” has a corresponding meaning. This means that the Buyer of a Ticket is agreeing to these Terms and Conditions for the Buyer and each User for whom a Ticket is purchased, which may result in personal liability and loss to the Buyer and the User.
  • “User” means a person who uses the Facilities or participates in the Activities, including a Minor.
  • “Minor” means a person under the age of 18 and any other User without legal capacity.
  • “Buyer” means the person who buys a Ticket.
  • “Ticket” means a ticket to enter and use the Facilities or to participate in the Activities.
  • “We” and similar words such as “Us” and “Our” mean Gravity Adventure Centre, its owners, officers, employees, contractors, and agents.
  • “Facilities” means any facilities we provide for customer use, including our trampolines and other facilities at Gravity Adventure Centre premises.
  • “Activities” means any activities you participate in at our Facilities, whether or not those activities are run or supervised by us or others or are your own invention.

These Terms and Conditions are binding on you and us, and on your and our heirs, permitted assigns, and successors in title.

If you comprise more than one person (i.e. you buy Tickets for more than one User, or the Buyer is a separate person from the User), then the liability of those persons to us is joint and several. This means that each of those persons is wholly liable to us for any liability to us under these Terms and Conditions, regardless of whether we are able to recover that liability from another person.

If you buy a Ticket for someone else, you:

  • are binding that person to these Terms and Conditions;
  • are giving up certain rights of that person; and
  • may incur personal liability to that person and to us, including in relation to injury or death suffered by that person.

ASSUMPTION OF RISK

You acknowledge that the Activities are inherently dangerous and may cause significant loss or damage to property, injury, or death. You acknowledge that these Terms and Conditions include the limitation of your legal rights against us.

You acknowledge that we would not allow you to use the Facilities if you did not agree to these Terms and Conditions.

The Activities are a “recreational service” for the purpose of section 139A of the Competition and Consumer Act 2010 (Cth) and section 5J of the Civil Liability Act 2002 (WA).

You acknowledge and agree that you participate in the Activities and use our Facilities freely, voluntarily, and at your own risk, having considered all of the risks of injury and death possible from the use of the Facilities and participation in the Activities.

You acknowledge that the consumption of alcohol and drugs before or while participating in the Activities increases the risk of injury and death. You warrant to us that you are not under the influence of alcohol and drugs when using our Facilities and participating in the Activities, and you accept all increased risk arising in respect of the breach of this warranty.

INDEMNITY AND WAIVER

In these Terms and Conditions:

  • “Injury and Death” means the occurrences referred to in section 139A(3) of the ACL, which are death, physical or mental injury (including the aggravation, acceleration, or recurrence of an injury) to you, the contraction, aggravation, or acceleration of a disease to you, and the coming into existence, aggravation, acceleration, or recurrence of any other condition, circumstance, occurrence, activity, form of behavior, course of conduct, or state of affairs in relation to you that is or may be harmful or disadvantageous to you or others or which may result in harm or disadvantage to you or others; and
  • “Reckless Conduct” means the conduct referred to in section 139A(5) of the ACL, which is our conduct if we are aware, or should reasonably have been aware, of a significant risk that the conduct could result in personal injury to another person, and we engage in the conduct despite the risk and without adequate justification.

To the extent permitted by law, you release us and waive your legal rights against us in relation to liability (including consequential loss such as loss of income) for Injury and Death except to the extent that such liability was caused by our Reckless Conduct.

To the extent permitted by law, you indemnify us in respect of liability (including consequential loss such as loss of income) for Injury and Death except to the extent that such liability was caused by our Reckless Conduct.

Clauses 10 and 11 apply in relation to Injury and Death suffered by any User, including a Minor, and may result in the Buyer being personally liable to us or to a User for liability, loss, Injury, or Death suffered by a User (including a Minor).

In relation to Activities and the use of the Facilities to which the Australian Consumer Law does not apply, you release us from liability for any loss, damage, injury, or death and any consequential loss (including loss of income) suffered by you in connection with the Activities and use of or attendance at the Facilities. You acknowledge that you are giving up rights against us to claim compensation for loss, damage, injury, and death which you (including a User for whom you purchase a Ticket) might suffer, even if we cause or contribute to the loss, damage, injury, or death. For the sake of clarity, you release us (on behalf of the Buyer and each User) from liability for loss, cost, injury, or death suffered by you (including by the Buyer and each User) caused by our negligence, misconduct, breach of statutory or other duty, and breach of contract and from any other cause whatsoever (including causes relating to the condition, design, location, cleanliness, standard of repair, regulation of use, enforcement of rules, supervision, suitability, or provision or failure to provide services or facilities).

To the extent permissible at law and not prevented by or in breach of the Australian Consumer Law, all statutory warranties and representations relating to the provision or supply of the Activities or the Facilities by us to you (including the Buyer and each User) are excluded from these Terms and Conditions, and you agree that they do not apply.

INSURANCE

You acknowledge that insurances held by us may not cover you for injury, death, loss, or damage suffered as a result of the use of the Facilities or participation in the Activities.

You acknowledge that you have considered the importance of reviewing your own insurance arrangements to ensure that you have personal insurance to cover injury, death, loss, and damage which you may suffer as a result of using the Facilities or participating in the Activities.

You agree to promptly report any injury, accident, loss, or damage suffered by you as a result of the use of the Facilities or participation in the Activities so that we can comply with reporting obligations in our insurance policies and remove any risk or hazard which we might otherwise not be aware of.

MEDICAL TREATMENT

You agree that, in the event that you require urgent medical treatment in connection with participation in the Activities and use of the Facilities, we can make such judgments as we think are reasonable or necessary in relation to your urgent treatment, for which purpose we may engage medical services and specialists on your behalf (as your agent).

You agree to indemnify us in relation to the cost of providing medical treatment (including the cost of medical specialists, ambulance services, medical services, and hospital attendances) which we provide or engage on your behalf in relation to your participation in the Activities and your use of the Facilities.

You release us from liability for any loss, damage, injury, or death which you suffer as a result of medical services or treatment provided by us or engaged by us on your behalf in relation to your participation in the Activities and your use of the Facilities.