Terms and Conditions of Sale and Waiver of Liability
- Binding Agreement
1.1 AIRTIME360 is the supplier of recreational services, including but not limited to trampolining, trampolining lessons, aerial sport technique development, equipment rental and other associated sporting activities and leisure time pursuits (the AIRTIME360 Activities).
1.2 All AIRTIME360 Activities are supplied by us in accordance with these Terms and Conditions of Sale (these Terms).
1.3 These Terms are important as they form a binding contractual agreement between you (the participant in the AIRTIME360 Activities) and us, AIRTIME360. For that reason, you should ensure that you read them carefully and contact us with any questions before you purchase our services or participate in any of the AIRTIME360 Activities. You can contact us in person at the AIRTIME360 venue, by email at [email protected] or by phoning us on 1300AIRTIME.
1.4 By purchasing a ticket and/or by participating in the AIRTIME360 Activities, you acknowledge and agree that you have had sufficient opportunity to read and understand these Terms and you agree to be bound by them.
1.5 If you are entering into this contract for and on behalf of a minor and/or purchasing a ticket for any other person, you warrant that you have their authority to do so and to enter into this contract for and on their behalf as their agent so that they will also be bound. You agree to indemnify us in relation to any breach of this warranty.
2. Requirements for Participation
2.1 Children must be at least 3 years of age to participate in the AIRTIME360 Activities and, when less than 12 years of age, be supervised by a responsible adult at all times. Where you are responsible for such children, you agree to directly supervise them at all times.
2.2 It is your responsibility to act with due care in relation to your own safety and the safety of others participating in the AIRTIME360 Activities.
2.3 For your own safety and the safety of other participants, you must read and follow the Rules applicable to the AIRTIME360 Activities and adhere to all signs throughout the AIRTIME360 venue at all times. The Rules are displayed on our website and at the venue. If a child under your care or supervision is participating in the AIRTIME360 Activities, you must ensure that they are aware of the Rules and ensure that they comply with them.
2.4 All participants must be in good health and free from any adverse medical conditions or other disability which would compromise or prevent their safe participation in the AIRTIME360 Activities. For safety reasons, pregnant women or anyone with pre-existing health issues or wearing casts are not permitted to participate. If in doubt, you should seek medical advice.
2.5 If you (or a child under your care or supervision) experiences any physical or other symptoms whilst participating in the AIRTIME360 Activities or any change in physical condition or health status which could prevent you (or them) from participating safely, you are required to notify us immediately.
2.6 You authorise AIRTIME360 to take all steps we consider reasonably necessary to protect your welfare (or the welfare of a child under your care or supervision) in the event of personal injury while participating in the AIRTIME360 Activities, including the administration of any emergency medical treatment and ambulance transportation. You agree to pay all costs associated with such treatment.
2.7 While in the AIRTIME360 venue you consent to images and video being taken for security or promotional purposes of yourself and any child under your care or supervision.
2.8 All tickets remain the property of AIRTIME360 and cannot be transferred or resold. They are valid only for the date shown and are void if tampered with.
2.9 We may at any time suspend or cancel a participant’s access to the AIRTIME360 Activities in our absolute discretion if:
(a) we consider that they have breached these Terms;
(b) they are acting or have acted in a manner which we consider reckless, careless or dangerous; or
(c) we consider that their participation in the AIRTIME360 Activities poses a risk to their health and safety or the health and safety of any other person.
3. Risks Associated with the AIRTIME360 Activities
3.1 Jumping on trampolines can result in injury. You acknowledge that the AIRTIME360 Activities are dangerous with many inherent risks and hazards. They also require physical exertion and can be strenuous. As a consequence, the AIRTIME360 Activities present a significant degree of physical risk and may cause:
(a) personal injury including but not limited to injury caused by tripping, landing incorrectly, making contact with or colliding with other participants or equipment and other hazards associated with the AIRTIME360 Activities and equipment;
(b) abnormal changes in blood pressure, irregular heart rhythm, dehydration, fainting and/or dizziness;
(c) heart attack, stroke, other serious disability or death.
3.2 You acknowledge that you are fully aware of and accept the risks, hazards and dangers involving in participating in the AIRTIME360 Activities and:
(a) are voluntarily participating in the AIRTIME360 Activities with the full knowledge of, and notwithstanding, these risks; and
(b) where you have a child under your care or supervision, you are voluntarily allowing them to participate in the AIRTIME 360 Activities with the full knowledge of, and notwithstanding, these risks.
4. Exclusion of Liability, Waiver and Indemnity
4.1 Important Notice: These provisions affect your legal rights and your right to sue for personal injury or death.
4.2 To the extent permitted by law, AIRTIME360 does not make any guarantees including guarantees as to due care and skill or fitness for purpose) under the Australian Consumer Law regarding the supply of the AIRTIME360 Activities.
4.3 AIRTIME360 is not liable for, and you agree to release and indemnify AIRTIME360 and its officers, employees, agents and contractors from and against all actions, claims, proceedings or demands which may be brought against them in respect of, any death or personal injury caused to you or any child under your care or any other person for whom you are purchasing a ticket in any way relating to or arising out of:
(a) your/their participation in the AIRTIME360 Activities;
(b) any act, omission, negligence or fault of AIRTIME360 or its officers, employees, agents or contractors;
(c) any breach by AIRTIME360 or its officers, employees, agents or contractors of any guarantees under the Australian Consumer Law regarding the supply of the AIRTIME360 Activities, except where any death or personal injury is suffered as a result of AIRTIME360’s reckless conduct as defined under section 139A of the Competition and Consumer Act 2010;
(d) any breach by AIRTIME360 or its officers, employees, agents or contractors of an implied warranty or condition under the general law that the AIRTIME 360 Activities will be rendered with due care and skill;
(e) any act, omission, negligence or fault of any other person participating in the AIRTIME360 Activities or of any child under their care or supervision.
4.4 Despite any other provision of these Terms to the contrary, and to the extent permitted by law, in no event will AIRTIME360 or its officers, employees, agents or contractors be liable in respect of any claim for any loss of profits or anticipated profits, loss of use of capital or revenue, or for any punitive, exemplary, special, incidental or consequential loss or damage.
4.5 AIRTIME360 holds the releases and the indemnities contained herein on trust for its officers, employees, agents and contractors.
5.1 If any part or provision of these Terms is unenforceable or void by reason of any present or future law, it will be severed without affecting the validity or enforceability of the remaining provisions.
5.2 This agreement is governed by and shall be construed in accordance with the laws of the State of Tasmania, Australia and the parties agree to the exclusive jurisdiction of the Tasmanian Courts and tribunals.