CLIP ‘N CLIMB PHILLIP ISLAND – ASSUMPTION OF RISK, EXCLUSION OF LIABILITY AND WAIVER
NOTE: These terms and conditions affect your legal rights. It is important that you read and understand them.
Clip ‘n Climb Phillip Island Pty Ltd (ACN 617 873 640) trading as ‘Clip ‘n Climb Phillip Island’ is a supplier of “recreational services” (as defined in section 22 of the Australian Consumer Law and Fair Trading Act 2012).The recreational services and facilities provided, include but are not limited, to climbing, activities and the condition, construction, design, maintenance and use of the climbs and surrounds and any other associated activities or similar leisure time pursuits (recreational activities).
The purpose of this agreement is to limit the liability of Clip ‘n Climb Phillip Island, its employees, directors and agents, and to exclude liability for any personal injury or death to the participant in the recreational activities. By purchasing a ticket from Clip ‘n Climb Phillip Island, you agree that the supply of the recreational services and participation by you in the recreational activities is subject to the following terms and conditions:
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012
Under the Australian Consumer Law (Victoria), 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.
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 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012. You acknowledge that the recreational activities are dangerous with many inherent risks and hazards, including but not limited to slipping, falling, impacting against walls, other people or the ground and as a consequence personal injury (including spinal injury) and sometimes death can occur. You agree that you voluntarily assume and accept all such risks and waive the right to sue Clip ‘n Climb Phillip Island for any personal injury or death in any whatsoever caused by or arising from participation in such activities. Clip ‘n Climb Phillip Island, its employees, directors and agents are not liable to you, your dependants or your legal representatives for personal injury or death suffered by you due to the recreational activities not being supplied with due care and skill or not being reasonably fit for their purpose or for breach of any of the consumer guarantees applied by the Australian Consumer Law (Victoria), or due to the negligence, breach of contract or statute or statutory duty by Clip ‘n Climb Phillip Island. By signing the waiver you release Clip ‘n Climb Phillip Island, its employees, directors and agents from all actions, suits, claims, demands, costs and other liabilities in connection with or incidental to your use of the recreational activities whether caused by the negligence of Clip ‘n Climb Phillip Island or otherwise and you agree to hold harmless and indemnify Clip ‘n Climb Phillip Island in respect of all actions, suits, claims, demands, costs and other liabilities you may have against Clip ‘n Climb Phillip Island in connection with or incidental to your use of the recreational activities.
To the maximum extent permitted by law, but subject to the non-excludable consumer guarantees implied pursuant to the Australian Consumer Law, in no event will Clip ‘n Climb Phillip Island, or its employees, directors and agents be liable in respect of any claim for any indirect or inconsequential loss or damage including without limitation personal injury, financial loss (such as loss of profits or use of capital or revenue or otherwise), or for any punitive, exemplary, special, incidental or consequential loss or damage whether such liability arises in contract, tort, equity, breach of statute or statutory duty or breach of any consumer guarantees. All users of the recreational services must be in good health and free from any adverse medical conditions. For safety reasons, pregnant women, customers with pre-existing medical or health issues or wearing any form of protective cast or device are not permitted on the recreational service equipment. If you have any doubt about a medical or health issues please seek medical advice before you enter the facility. Children must be at least 2 years old to use the harness and climbing walls and must be supervised by a parent or responsible adult at all times. All children under 13 years of age are to be directly supervised at all times by a responsible adult at all times while in the Clip ‘n Climb Phillip Island venue. Where you are responsible for any such children you agree that they must be supervised by a parent or responsible adult. Where you are responsible for any such children you agree that you have the authority to be bound by these conditions and that you are bound by the conditions on behalf of any such child and that you will directly supervise them at all times. The customer and the participant, including any child in the care or supervision of the customer, must comply with any rules of conduct and all signs or other directions of Clip ‘n Climb Phillip Island. Clip ‘n Climb Phillip Island may suspend or cancel their access to the recreational activities in its absolute discretion for non- compliance with these conditions or for reckless or careless conduct. It is compulsory for all participants to wear any personal protective equipment such as helmets, gloves, harnesses and any other equipment that is provided by Clip ‘n Climb Phillip Island and to wear any such equipment in the proper manner and otherwise as directed.
You agree to pay the cost of and authorise Clip ‘n Climb Phillip Island to take all steps it considers reasonably necessary to protect any child or persons, or your own welfare in the event of personal injury, including the administration of any emergency medical treatment, arranging appropriate medical attention and, if required, engaging ambulance transportation on behalf of the child or person. If the customer purchases a ticket or is in receipt of any other valid form of entry to the facility or use of the recreational activities on behalf of another person, the customer and the other person agree that the customer makes that purchase as the authorised agent of the other person so that the other person will be bound by these conditions. All tickets and access products remain the property of the supplier and cannot be transferred or resold. They are valid only for the dates issued and void if tampered with. This agreement shall be governed by the laws of Victoria. If for any reason any part of this agreement is determined by a court to be illegal, invalid or otherwise enforceable, it shall be deemed deleted and the remaining conditions of this agreement shall remain and continue to be legally valid, binding and enforceable.
FOR THE CUSTOMER/PARTICIPANT/SUPERVISOR OF ANY CHILD
I have had sufficient opportunity to read this agreement. I fully understand its terms and conditions and I UNDERSTAND THAT I HAVE GIVEN UP CERTAIN IMPORTANT LEGAL RIGHTS by purchasing a ticket. Having considered this, I freely and voluntarily participate in activities at Clip ‘n Climb Phillip Island within the rules and conditions displayed without inducement of any kind.