IMPORTANT NOTICE – PLEASE READ!EXCLUSION OF LIABILITY – WAIVER OF RIGHT TO SUE – YOUR ASSUMPTION OF RISK – THESE CONDITIONS AFFECT YOUR LEGAL RIGHTS!
The following terms and conditions (“Conditions of Sale”) will apply to and bind the purchaser of any Air Action product described in the Air Action Website or at the Venue.
AIR ACTION TRAMPOLINE PTY LTD CONDITIONS OF SALE
To the Customer:
These terms and conditions affect your legal rights. It is imperative that you read and understand the following terms and conditions (“Conditions of Sale”).
AIR ACTION TRAMPOLINE CENTRE PTY LTD (ACN 610 675 673) (“AIR ACTION”) as Trustee for the BEOR Trust, trading as AIR ACTION, is a supplier of recreational services as defined under section 22 of the Australian Consumer Law and Fair Trading Act 2012.
Air Action sells all tickets/wristbands and supplies all recreational services and facilities to you (the Customer) including but not limited to trampolining, trampolining lessons, use of the foam pit, equipment maintenance and rental, the condition, layout, construction, design, maintenance and use of trampolines, the presence of people or objects thereon, the surrounding areas and any and all other sporting or leisure pursuits (“Recreational Activities”) engaged in at Air Action Trampoline Centre and the surrounding land and areas on which the Air Action Trampoline Centre may be placed or located as owned or leased by Air Action (“the Venue”).
By purchasing a ticket for, wearing a wristband, accepting a discounted or complimentary pass or by using any of the facilities at the Venue, the Customer is deemed to have understood and accepted these terms and conditions constituting the Conditions of Sale, Air Action Rules and the safety commitment outlined, as amended from time to time.
1.1 The Customer must pay the jumping fee of entry to Air Action in full prior to being admitted to the Venue.
1.2 Fees are displayed clearly on the Air Action website and at the Venue and are subject to change without notice.
- Exclusion of Liability
2.1 Under no circumstances will Air Action be liable for loss of profit or consequential damages, whether based on breach of contract, warranty or otherwise.
2.2 Air Action, its staff, employees, management, directors and agents are not liable to the Customer, your dependents, agents or legal representatives for personal injury, death or disability suffered by the Customer whatsoever because the Recreational Activities were not supplied with due care and skill or were not reasonably fit for their purpose of because of the negligence, breach of contract, statute or statutory duty by Air Action.
3.1 The Customer understands and acknowledges that the Recreational Activities that are supplied by Air Action are dangerous and have an inherent risk and inherent hazards and as a consequence, personal injury, disability and sometimes death can occur. The Customer assumes and accepts all such risks and hereby waives the right to sue Air Action for any personal injury, disability or death in any way whatsoever caused by or arising from the Customer’s participation in Recreational Activities at Air Action.
3.2 WARNING: The use of the Recreational Activities including but not limited to the use of trampolines, the High Wall, the foam pit or any other equipment at the Venue involves a significant risk of Customers suffering personal injury including the possibility of serious injuries, permanent disability or death. All Customers who engage in such Recreational Activities do so at their own risk.
3.3 WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (VIC): Under the Australian Consumer Law (Victoria), several statutory guarantees apply to supply of certain goods and services. These guarantees mean that the supplier named on this form (Air Action) is required to ensure that the recreational service it supplies to you are (a) rendered with due care and skill, (b) are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and (c) might reasonably be expected to achieve any result you have made known to the supplier. Under section 22 of the Australian Consumer Law & Fair Trading Act 2012 (VIC), 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 & Fair Trading Act 2012 (VIC) if you are killed or suffer serious injuries or permanent disability because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form (clauses 2.2) and 3.1.
3.4 NOTE: The changes to your rights, as set out in this form, does not apply if your death, permanent disability 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 & Fair Trading Act 2012 (VIC) and section 23(3)(b) of the Australian Consumer Law & Fair Trading Act 2012 (VIC).
3.5 The Customer agrees to pay the cost of and authorises Air Action to take all steps it considers reasonably necessary to ensure the protection of his or her welfare in the event of personal injury, including but not limited to the administration of any emergency medical treatment and ambulance transportation.
3.6 The Customer acknowledges that Air Action reserves all rights to refuse entry to any individual or Customer at any time and the denial of entry is at the absolute discretion of Air Action and Air Action staff, employees and agents. The Customer shall have no right of action or recourse to Air Action if entry is denied for any reason. Air Action shall not be required to make any reasons for the denial entry known to the Customer.
- Customer’s Covenants
4.1 The Customer must:
- a) not participate in any activity at the Venue which is dangerous, offensive, illegal, or objectionable;
- b) not use the Venue for any purpose other than for which it is designed;
- c) vacate the Venue at the conclusion of the session;
- d) not engage in any wilful, reckless, negligent or intentional damage to the Venue and its facilities and acknowledges that engagement in such wilful, reckless, negligent or intentional damage to the Venue and its facilities and acknowledges that engagement in such wilful, reckless, reckless, negligent or intentional damage to the Venue and its facilities may constitute criminal damage and the Customer be liable to prosecution. The Customer covenants to pay the costs associated with any such wilful, reckless, negligent or intentional damage.
- e) adhere to all terms and conditions and rules of Air Action imposed upon the Customer, including adherence to all safety signs displayed in the Venue, including but not limited to the Air Action Rules, as amended from time to time;
- f) comply with all signs or other directions given by Air Action and Air Action staff who may suspend or cancel the Customer’s access to Recreational Activities at the Venue in their absolute discretion for non-compliance with these conditions or for reckless or careless conduct; aggressiveness or any other behaviour deemed unsuitable or inappropriate by Air Action and Air Action staff, and
- g) be mindful of others when leaving the venue particularly in relation to the noise level.
- Age Restrictions
5.1 Children must be at least 3 years of age to be an active Participant and use the facilities at Air Action.
5.2 Any child under the age of 12 years of age must be supervised by a responsible adult aged over the age of 18 years of age at all times (“Responsible Supervising Adult”). Where you are a Responsible Supervising Adult and are responsible for such child or children under the age of 12 years, you agree to be bound by these terms and conditions forming the Conditions of Sale on their behalf and you undertake to directly supervise them at all times. The Responsible Supervising Adult is bound by these terms and conditions (Conditions of Sale) on the child’s behalf.
5.3 Any child under the age of 18 who attends the Venue without a Responsible Supervising Adult may be denied entry to the Venue unless an Air Action Rules, Conditions of Sale and Waiver Form signed by the child’s parent or legal guardian is produced prior to entry.
- Bookings and Tickets/wristbands
- a) Booking online via the Air Action website is highly recommended to ensure that space is available and to ensure quick entry and check in when you arrive at the Venue.
- b) The confirmation email or payment receipt must be produced to Air Action staff upon check-in and entry for proof of your booking.
- c) All tickets/wristbands that are issued on entry remain the property of Air Action and are non-transferable and are invalid if tampered with.
- d) Bookings are non-refundable, non-transferable and valid only for the allocated time/session.
- e) Air Action does not accept responsibility for any changes in prices or variations of Recreational Activities, services or products offered and all prices, Recreational Activities, services and products are subject to change without notice.
- f) If you purchase a ticket/wristband to participate and enter Air Action on behalf of another person or child, you and that other person or child both agree that you make that purchase as the authorised agent of that other person or child. You and that other person agree that you have read and agreed to the terms and conditions contained herein and acknowledge that you are responsible for the compliance with all such terms and conditions on behalf of yourself and any other person or child whom you purchased a ticket/wristband for as their authorised agent. You covenant that you are responsible and liable for the actions of any person or child whom you purchased a ticket/wristband for.
- Alcohol and Other Substances
7.2 The Customer acknowledges that smoking, the consumption of alcohol or the use of any unlawful drugs, illicit substances or stimulants within Air Action or within a reasonable time prior to entry to Air Action is strictly prohibited and Air Action and its staff, employees, management, directors and agents reserve the right to refuse entry to the Venue or participation in Recreational Activities or direct a Customer to exit the Venue immediately should the use or consumption or involvement in the use and consumption of any tobacco, alcohol, unlawful drugs, illicit substances or stimulants be suspected. If a Customer acknowledges that if the Customer is required to exit the Venue by Air Action and its staff, employees, management, directors and agents immediately due to taking part in the aforementioned behaviour, no refund shall be given.
- Personal Belongings
8.1 Upon entering the Venue, the Customer agrees to protect and hold safe any and all of the Customer’s personal belongings. Air Action is not held in any way responsible for any articles of clothing or personal belongings that may have been lost or stolen in the course of entering and using the Venue. Any personal belongings stored by the Customer at the Venue or in a locker at the Venue is stored at the Customer’s own risk and Air Action holds no responsibility for any loss or theft.
- Health and Safety
9.1 Air Action is an interactive attraction and Customers and persons using the Venue must be in good health and free from any adverse medical conditions. Customers and persons using the Venue must not suffer from any of the following medical conditions; pregnancy, pre-existing health problems including but not limited to back or neck injuries, high blood pressure or customers currently wearing casts. Customers and persons using the Venue who suffer from such medical conditions or are not in good health are not permitted on the trampolines unless the Customer is able to produce written consent from their usual treating registered medical practitioner. If a Customer is unsure, please seek medical advice.
9.2 The weight limit for Customers is 120 kilograms. It is advised by Air Action that before engaging in any Recreational Activity that a Customer with weight concerns should seek approval from their usual treating registered medical practitioner.
10.1 Air Action collects the Customer’s personal information for their own marketing benefit and databases for future promotions and special events happening within Air Action.
10.2 While in the Venue the Customer consents to images and video being taken of him or her or the children in his or her care and supervision for promotional and security purposes.
- www.airactiontc.com.au (“Air Action Website”)
11.1 Please read these Conditions of Sale carefully before using the Air Action Website. By using the Air Action Website, you are agreeing to be bound by these Conditions of Sale.
11.2 The Air Action Website is provided by Air Action Trampoline Centre Pty Ltd (ACN 610 675 673) (“Air Action”) as Trustee for the Beor Trust trading as Air Action.
11.3 The Air Action Website may provide links to third party websites and the products or services of third parties. Air Action disclaims all responsibility and liability in any way. You access or use the third party sites at your own risk.
11.4 The Air Action Website may from time to time display third party advertisements. Such advertisements may or may not contain hyperlinks to third party website. Air Action does not endorse or recommend the goods or services of such advertisers or their websites.
11.5 Copyright in the Air Action website is owned by Air Action or its licensors.
11.6 The Air Action Website may contain trademarks or logos of Air Action, other companies or organisations and these are proprietary to the owner(s) of such marks.
11.7 Air Action may at any time discontinue or limit access to the Air Action Website or its content. Air Action may terminate or limit your access to the Air Action Website if you breach these Conditions of Sale. All disclaimers and limitations of liability by Air Action will survive termination.
11.8 Ordering from the Air Action Website.
11.8.1 You may offer to purchase any of the Air Action products described in the Air Action Website for the price specified on the Air Action Website.
11.8.2 Your order must contain your name, phone number, email address, credit card details and any other ordering information specified on the Air Action Website.
11.8.3 Payment must be effected by credit card or gift voucher using the payment system on the Air Action Website.
11.8.4 Confirmation of your purchase will be sent to your nominated email address once your payment for the transaction has cleared. If you do not receive a confirmation email within two (2) business days, please contact the Air Action Contact Centre.
11.8.5 You may not cancel an order once it has been submitted and paid, even if a confirmation email from Air Action is still pending.
11.8.6 If you wish to purchase an Air Action product by telephone, post or by visiting one of the Air Action venues, then any such purchase will be governed by these Conditions of Sale (excluding any of the Conditions of Sale in this clause 11 that are specific to purchases made using the Air Action Website only) but including the conditions displayed at the Air Action Venue.
11.9.1 The prices of the Air Action products shall be the prices displayed on the Air Action Website on the date of your order (inclusive of Goods and Services Tax (“GST”)) and any other charges which must be mandatorily disclosed under the Competition and Consumer Act 2010 (Cth). All prices are subject to change without notice.
11.9.2 All prices displayed on the Air Action Website are quoted in Australian dollars and must be paid in full, except where discounts are offered as detailed on the Air Action Website.
11.10 Cancellation due to error or unavailability
11.10.1 You acknowledge that despite Air Action’s reasonable precautions, Air Action’s products may be listed at an incorrect price, with incorrect information, or which are unavailable due to an error, unavoidable circumstances or other oversight. In these circumstances, Air Action reserves the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged or your gift voucher redeemed.
11.10.2 If a cancellation occurs in accordance with clause 11.10.1, after your credit card has been charged for the purchase or your gift voucher redeemed, Air Action will immediately issue a credit to your credit card account of gift voucher for the amount in question.
11.11 Details of conditions applicable to purchase of Air Action products
11.11.1 Details of the conditions applicable to the purchase of Air Action products on the Air Action Website may differ from time to time. Air Action reserves the right to make any changes to the details and Conditions of Sale if necessary to comply with any applicable legislation and to change the details and conditions published on the Air Action website, without affording notice, provided that this does not materially affect the nature of the Air Action products purchased by you.
11.12 Order submission and your agreement to these Conditions of Sale
11.12.1 When you click on the ‘I Agree’ checkbox on the Air Action Website, you agree to these Conditions of Sale and Air Action will treat the order as confirmed. You are responsible for ensuring the accuracy of your order. Air Action shall supply you, subject to availability, with the Air Action products set out in your order. Air Action shall confirm each order made online via the Air Action Website or by email within two (2) business days.
11.13 Security Policy
11.13.1 When purchasing from the Air Action Website, your financial details are passed through a secure server.
11.13.2 No transmission over the internet can be guaranteed as totally secure. Whilst Air Action strives to protect such information, it does not warrant and cannot ensure the security of any information which you transmit to it. Accordingly, any information which you transmit to Air Action, including your credit card details, is transmitted at your own risk and Air Action shall have no liability to you for any financial or consequential loss or damage suffered by you in anyway whatsoever arising out of or related to your use of the Air Action Website whether due to negligence, breach of contract, statute or statutory duty by Air Action.
11.13.3 Once Air Action receives your transmission; it will take reasonable steps to preserve the security of such information.
- Law and Jurisdiction
12.1 These Conditions of Sale shall be governed by and construed firstly in accordance with the laws of the State of Victoria (the Courts of which shall have exclusive jurisdiction) and then in accordance with the laws of the Commonwealth of Australia.
12.2 If any of these Conditions of Sale should be determined to be void, invalid or otherwise unenforceable, such condition or conditions shall be read down where possible and if the condition or conditions are unable to be read down, such condition or conditions shall be deemed to be severable and deleted and the remaining Conditions of Sale shall remain and continue to be valid, binding and enforceable.
13.1 The $30 fee for booking the party room is non-refundable or transferable.
13.2 All classes at Air Action that are paid by single visit or term payment are non-refundable.
You bring your Favourite food, drinks, lolly bag and birthday cake along.