These terms and conditions are made between Jummps Parkwood Pty Ltd, trading referred to as “the supplier” or “we/us” in these terms and conditions) and You (also referred to as “the Customer” in these terms and conditions).
RISK WARNING AND ACKNOWLEDGEMENT
We provide you with entry into the JUMMPS premises located 86 – 122 Napper Road ARUNDEL and provide you with the facilities in order for you to take part in conduct the recreational activity.
For the purposes of these terms and conditions, recreational activites mean any sporting or leisure activity of any kind (whether related to trampolining or otherwise) that is conducted at the Jummps premises by you or observed at the Jummps premises by you and recreational activities shall have the same meaning.
Participation in Jummps recreational activities can be inherently dangerous, such that it can result in serious personal injury and death. Particular risks include twists, sprains, broken bones, spinal injury, paralysis, physical injury and/or death.
Before you participate in the recreational activities you should ensure that you are aware of and properly understand all of the risks involved in the recreational activities and that those risks will include any particular risks associated with any health condition from which you suffer.
By participating in the recreational activities you acknowledge, agree and understand that the risk warnings contained above constitute a ‘risk warning’ for the purposes of the relevant legislation, including for the purpose of section 5M of the Civil Liability Act 2002 (NSW) and/or section 5I of the Civil Liability Act 2002 (WA).
THE BELOW LIMITS YOUR LEGAL RIGHTS AND REMEDIES!
WE ARE THE SUPPLIER OF RECREATIONAL SERVICES AS DEFINED IN SECTION 22 OF THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012.
WARNING: IF YOU PARTICIPATE IN THESE ACTIVITIES YOUR RIGHTS TO SUE THE SUPPLIER UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 IF YOU ARE KILLED OR INJURED BECAUSE THE ACTIVITIES WERE NOT SUPPLIED WITH DUE CARE AND SKILL OR WERE NOT REASONABLY FIT FOR THEIR PURPOSE, ARE EXCLUDED, RESTRICTED OR MODIFIED IN THE WAY SET OUT IN OR ON THIS NOTICE.
NOTE: THE CHANGE TO YOUR RIGHTS, AS SET OUT IN OR ON THIS NOTICE, 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 must make sure that when you enter the Jummps premises you follow these terms and conditions and the rules and conditions displayed on the Jummps website under the ‘RULES’ tab and those other rules and conditions posted at the Jummps premises and in the sections of Jummps park.
Once you have purchased a ticket issued as a wristband, which entitles you to join in the activities at the Jummps premises you are deemed to have understood and accepted these terms and conditions as well as the Website Rules and the Jummps Park Rules. If you purchase a ticket on behalf of somebody else, then you are considered to be that person’s authorised agent and that person will be bound by these terms and conditions, the Website Rules and the JummpsRules.
You agree to comply with the following terms and conditions:
- Subject to the provisions herein contained, you release, discharge and forever hold harmless Jummps, its employees, agents, directors and representatives from all liability, obligation and responsibility of any nature whatsoever for death or for any losses, damages or injuries of any nature whatsoever relating to, touching upon or arising directly or indirectly from your engagement in the recreational activity and from your participation in any related or incidental activities thereto. This Release shall be binding upon the Estate, and upon any Legal Personal Representative appointed by your Estate and may be pleaded by Jummps as a complete bar in relation to any action, suit, claim or demand of any nature whatsoever that you may bring against Jummps or which may be brought against Jummps on your behalf. This Release shall extend and shall apply to all conduct of any nature whatsoever of Jummps including, without limitation, the circumstances where the facilities pursuant to which the recreational activity takes place were not fit for purpose or because of negligence, breach of contract, statute or statutory duty by Jummps.
- To the extent permitted by law we will not be liable for indirect or consequential loss or damage of any kind, loss of revenue, loss of profits, failure to realise expected profits or savings, overhead costs or other economic losses, in contract, tort (including negligence) under any statute otherwise arising out of or in any way connected to these terms and conditions, the Website Rules and the Jummps Rules.
- You affirm that you understand the scope, nature and extent of the risks involved in the recreational activity covered by these terms and conditions, the Website Rules and the Jummps Rules and that you are not pregnant or under the influence of any drugs, alcohol, illegal substances or anything else which may impair your ability to safely engage in the recreational activity.
- You acknowledge and are aware that the physical exertion required to engage in the recreational activity and/or to participate in the activity can activate or aggravate a pre-existing physical condition.
- You voluntarily, freely and expressly choose to incur all risks associated with engaging in the recreational activity and understand that those risks may include personal injury, property damage, and/or death to you or others.
- You agree to pay the cost of and you authorise Jummps to take all steps it considers reasonably necessary to protect your welfare and the welfare of those in your custody or control in the event of personal injury, including the administration of any emergency medical treatment and ambulance transportation.
- Children younger than 12 years of age, must be supervised by a responsible adult. Where you are responsible for such children you agree to be bound by these terms and conditions, as well as the Website Rules and the Jummps Rules on their behalf and you will directly supervise them at all times.
- You must comply with all of the terms and conditions, the Website Rules, the Jummps Rules and the directions that are given by the Jummps staff. Jummps may, in its absolute discretion, suspend or cancel your participation in any recreational activity for non- compliance with this clause, or for reckless or careless conduct.
- You acknowledge and agree that upon entering the Jummps premises you or those children for whom you are responsible may be photographed and/or videoed for promotional purposes.
- All tickets that you purchase to enter the Jummps premises may not, without our prior written consent, be resold or offered for resale at a premium or used for advertising, promotion or other commercial purposes either by you as the original purchaser or any subsequent bearer.
- These terms and conditions:
(a) are to be governed by the laws of the State of Victoria, the Courts of which shall have exclusive jurisdiction, and
(b) govern the entire agreement between you and Jummps and, if any part or provision of these terms and conditions is determined by a Court to be invalid or unenforceable, all other parts and provisions shall still be given full legal force and effect.