TERMS & CONDITIONS OF ENTRY
PARTICIPATION IN ACTIVITIES AT SUPATRAMP ENTAILS KNOWN AND UNANTICIPATED RISKS THAT COULD RESULT IN PHYSICAL AND/OR EMOTIONAL INJURY, PARALYSIS, DEATH OR DAMAGE TO YOURSELF AND/OR TO OTHERS. RISKS MAY INCLUDE, BUT ARE NOT LIMITED TO, SLIPPING AND FALLING, COLLISIONS WITH FIXED OBJECTS AND/OR OTHER PEOPLE WHICH MAY RESULT IN SPRAINS, FRACTURES, BREAKS, SCRAPES, BRUISES, DISLOCATIONS AND INJURIES TO HEAD, BACK AND NECK.
- SUPATRAMP GEELONG Pty Ltd (ACN 165 641 896) trading as Supatramp Geelong (ABN 67 165 641 896) (“Supatramp”)
- The Participant
“Activities” means the use of trampolines, organised trampoline games, rock climbing, and a jungle themed playground provided by Supatramp at the Venue;
“Agreement” means this Participant Waiver, Release and Assumption of Risk Agreement;
“Instructions” means instructions and directions provided by Supatramp;
“Risks” means injuries to the Participant during the Services including but not limited to slipping and falling, collisions with fixed objects and or other participants in the Activities which may result in sprains, fractures, breaks, dislocations and injuries to the head, back and neck;
“Supatramp” means Supatramp Geelong Pty Ltd (ACN 165 641 896) trading as Supatramp Geelong (ABN 67 165 641 896) and its employees, agents, owners, officers, affiliates, volunteers, participants, employees, and all other persons or entities acting in any capacity on its behalf;
“Venue” means the premises located at 3/174 Torquay Road, Grovedale VIC 3216; and
“Venue Rules” means the rules set out throughout the park on both signage and safety videos and as amended from time to time.
In consideration of the Activities provided by Supatramp, hereby agree to release, indemnify, and discharge & forever hold harmless Supatramp, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
- agree to participate in the Activities in a safe, reasonable and responsible manner; and
- agree to strictly abide by the Venue Rules and Instructions provided by Supatramp.
I agree and acknowledge that:
- my participation in the Activities entails known and unanticipated Risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, the venue or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the Activities;
- the Venue Rules and Instructions provided by Supatramp are intended to promote the safety of both myself and other participants;
- my failure or refusal to abide by the Venue Rules and Instructions can lead to the immediate removal from the Venue, without any right to refund of any payments made by me to Supatramp; and
- in the event of sickness, accident or injury, I authorise Supatramp to obtain, on my behalf, emergency medical treatment and to secure such medical treatment at my expense.
I agree and acknowledge that:
- I am in sufficient good health to participate in the Activities;
- I do not have any pre-existing physical or medical condition, including without limitation pregnancy, orthopaedic problems, including back problems, heart problems; and/or breathing problems, that might be impacted or worsened by the Activities; and
- I will not participate in the Activities while under the use of any drugs, alcohol or medications that may impair my physical abilities or judgment.
By participating in the Activities, I agree and acknowledge to:
- fully and forever waive, release and discharge and hold harmless Supatramp from any and all claims, actions, causes of action, demands, judgments, damages (including compensatory, general, special, consequential, exemplary and punitive), liability or obligations of any nature or kind, whether known at the time I leave the Venue or which may arise or become known later, which accrue on account of, or in any way arise out of or in connection with the Activities;
- indemnify and hold Supatramp harmless from and against any and all losses, liabilities, claims, obligations, costs, damages, and/or expenses whatsoever, including, but not limited to, any and all legal fees, costs, damages and/or judgments directly or indirectly arising out of, or relating to my acts or omissions while participating the Activities;
- certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in the Activities. In the event I do not have adequate insurance cover, I agree to bear the costs of such injury to myself or others, or damage to property at the Venue;
- if another participant or property at the Venue is damaged during my participation in the Activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Supatramp on the basis of any claim from which I have released them pursuant to the provisions of this Agreement; and
- I am entering this Agreement voluntarily, freely, under no threat of duress, without inducement, promise or guarantee being communicated to me by Supatramp.
By signing this Agreement, I provide permission for Supatramp to photograph or video record me participating in the Activities. I authorise the use or reproduction of any image of me for the purposes of publishing materials related to the Activities provided by Supatramp without acknowledgement and without being entitled to remuneration or compensation. The image may appear in print, electronic, video or social media. I acknowledge that ownership of any image will be retained by Supatramp. I understand and agree that if I wish to withdraw this authorisation, it will be my responsibility to inform Supatramp.
This Agreement is governed and construed in accordance with the Law applicable to the State of Victoria. I irrevocably and unconditionally submit to the jurisdiction of the courts of the State of Victoria.
Our refund and exchange policy complies with the Australian Consumer Law (ACL)
We are not required to provide a refund or replacement if you change your mind.
But you can choose a refund or exchange if an item has a major problem, This is when the item:
has a problem what would have stopped someone from buying the item if they had known about it
• is unsafe
• is significantly different from the sample or description; or
• doesn’t do what we said it would, or what you asked for and can’t be easily fixed.
Alternatively, you can choose to keep the item and we will compensate you for any drop in value.
If the problem is not major, we will repair the item within a responsible time. If it is not repaired in a reasonable time you can choose a refund or replacement.
PARENT OR GUARDIAN CONSENT
If the Participant is under 18 years, the following Parent/Guardian Consent must be read before the Participant is allowed to participate in the Activities.
I have read and understand the terms of this Agreement and unconditionally agree to its full terms, statements, warranties, notices, representations, waivers and releases, implied and express on behalf of both myself and marital community, if any, and my child or ward
All such terms, statements, warranties, notices, representations, waivers and releases fully apply to my child or ward as if I was the participant. I understand that, by this Agreement, I am giving up important legal rights both on behalf of myself and my child or ward regarding potential rights and claims against Supatramp.
I have had sufficient opportunity to read this Agreement.
I have read and understood it, and I agree to be bound by its terms.