Terms and Conditions
Jumping on trampolines can result in injury. Using the BOUNCE facilities is undertaken in accordance with the rules and conditions displayed throughout BOUNCE.
When buying a ticket to jump at BOUNCE you are deemed to have understood and accepted the terms and conditions outlined in the below Waiver which is also displayed throughout BOUNCE.
IMPORTANT NOTICE PLEASE READ
Exclusion of liability – waiver of right to sue – your assumption of risk – these conditions affect your legal rights!
Bounce Australia Pty Ltd, trading as BOUNCEinc as the supplier of Recreational Services, sells all tickets and supplies all recreational services and facilities to you (the Customer) including, but not limited to trampolining, trampolining lessons, rental and all associated activities (Recreational Activities) in the BOUNCEinc Centre located at 2 Weir St, Malvern subject to the following conditions:
1. By using any of the facilities at the BOUNCEinc Centre the Customer is deemed to agree to these conditions.
2. These conditions affect your rights under The Australian Consumer Law (Victoria) in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (the Act) to the extent set out in conditions 3 and 4 below;
3. BOUNCEinc, its employees, directors and agents (the Supplier) are not liable to the Customer, his/her dependants or legal representatives in negligence, breach of contract or statute or statutory duty (including for breach of consumer guarantees implied by the Act) for personal injury or death suffered by the Customer from its supply of Recreational Activities including the condition, layout, construction, design, maintenance and use of trampolines and surrounds or the presence of people or objects thereon or nearby or any associated sporting activities, or any similar leisure time pursuits associated in any way with being in the BOUNCEinc Centre;
4. The Customer acknowledges that the Recreational Activities are dangerous with many inherent risks, dangers and hazards and personal injury (and sometimes death) can occur and the Customer assumes and accepts all risk of personal injury or death from Recreational Activities, and hereby waives the right to sue the Supplier for any personal injury or death in any way whatsoever arising from such activities;
5. WARNING: If you participate in the Recreational Activities detailed above your rights to sue the Supplier under the Fair Trading Act 1999, 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” is defined in the Fair Trading (Recreational Services) Regulations 2004.
6. The Customer agrees to pay the cost of and authorises the Supplier to take all steps it considers reasonably necessary to protect his/her welfare in the event of personal injury, including the administration of any emergency medical treatment and ambulance transportation.
7. Children must be at least 12 years of age to use the facilities at BOUNCEinc, unless supervised by a responsible adult. Where you are responsible for such children you agree to be bound by these conditions on their behalf and you will directly supervise them at all times.
8. All tickets remain the property of the Supplier and cannot be transferred or resold. They are valid only for the date shown and are void if tampered with.
9. The Customer must comply with all signs or other directions of the Supplier and the Supplier may suspend or cancel the Customer’s access to Recreational Activities at the BOUNCEinc Centre in its absolute discretion for non compliance with these conditions, or for reckless or careless conduct.
a. is governed by the laws of the State of Victoria, the Courts of which shall have exclusive jurisdiction, and
b. if any part or provision is determined by a Court to be invalid or unenforceable all other parts and provisions shall still be given full legal force and effect.