Terms & Conditions

TERMS & CONDITIONS

Using the Activate by Hardrock Pty Ltd facility is undertaken in accordance with the rules and conditions provided in this document and provided by Activate by Hardrock Pty Ltd on site and during safety briefings.

When buying a ticket to climb and participate in associated activities at Activate by Hardrock Pty Ltd you are deemed to have understood and accepted the terms and conditions outlined in the below Waiver which is also displayed at Activate by Hardrock Pty Ltd.

– IMPORTANT NOTICE PLEASE READ –

Exclusion of liability – waiver of right to sue – your assumption of risk – these conditions affect your legal rights.

Activate by Hardrock Pty Ltd the supplier of recreational services, sells all tickets and supplies all recreational services and facilities to you (the customer) including, but not limited to climbing, equipment rental, the condition, layout, construction, design, maintenance and use of the climbs and surrounds and any other associated sporting activities or similar leisure time pursuits (recreational activities) in the Activate by Hardrock Pty Ltd venue subject to the following conditions:

  1. By purchasing a ticket for or by using any of the facilities at the Activate by Hardrock Pty Ltd venue the customer is deemed to agree to these conditions.
  2. Activate by Hardrock Pty Ltd, its employees, directors and agents are not liable to the customer, his/her dependants or legal representatives for personal injury or death suffered by the customer because the recreational activities were not supplied with due care and skill or were not reasonably fit for their purpose or because of negligence, breach of contract, statute or statutory duty by Activate by Hardrock Pty Ltd .
  3. The customer acknowledges that the recreational activities are dangerous with inherent risks and hazards and as a consequence personal injury and sometimes death can occur and the customer assumes and accepts all such risks and hereby waives the right to sue Activate by Hardrock Pty Ltd for any personal injury or death in any way whatsoever caused by or arising from the customer’s participation in such activities.
  4. WARNING: If you participate in these activities your rights to sue the supplier under the Australian Consumer Law & 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 paragraphs 2 and 3 of this sign. NOTE: The change to your rights, as set out in or on this sign, 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 & Fair Trading Regulations 2012 and section 23(3)(b) of the Australian Consumer Law & Fair Trading Act 2012.

    1. The customer agrees to pay the cost of and authorises Activate by Hardrock Pty Ltd 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.
    2. Children must be at least 2 years of age to use the facilities at Activate by Hardrock Pty Ltd, and when less than 10 years of age, be 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.
    3. Participants must be in good health and free from any adverse medical conditions. For safety reasons, pregnant women, customers with pre-existing health issues or wearing casts are not permitted on the climbing walls. If in doubt, please seek medical advice.
    4. While in the Activate by Hardrock Pty Ltd venue you consent to images and video being taken for security or promotional purposes of yourself, your children or of children for whom you are responsible.
    5. All tickets remain the property of Activate by Hardrock Pty Ltd and cannot be transferred or resold. They are valid only for the date and time booked and are void if tampered with.
    6. The customer must comply with all signs or other directions of Activate by Hardrock Pty Ltd and it may suspend or cancel the customer’s access to recreational activities at the Activate by Hardrock Pty Ltd venue in its absolute discretion for non-compliance with these conditions, or for reckless or careless conduct.

  1. If you purchase a ticket for the use of the harness and climbing walls, or any other facilities at the Activate by Hardrock Pty Ltd venue on behalf of another person, you agree that you make that purchase as the authorised agent of that person so that he/she will be bound by these conditions.
  2. This agreement:
    1. is governed by the laws of the State of Victoria, the Courts of which shall have exclusive jurisdiction, and
    2. 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.
– REFUND/CANCELLATION POLICY –
  1. All tickets remain the property of Activate by Hardrock Pty Ltd. and cannot be refunded, transferred or resold. They are valid only for the date shown and are void if tampered with.
  2. Bookings due to a change of mind are transferrable under the following conditions but are not refundable.
    1. Customers with bookings less than 10 participants
      1. If you provide more than 24 hours notice the booking may be transferred to an alternative time
      2. If you provide less than 24 hours notice the booking may not be transferred to an alternative time
    2. Customers with bookings greater than 10 participants (Eg. Birthday Parties, School Groups, OSH Groups etc.)
      1. If you provide more than 1 weeks notice the booking may be transferred to an alternative time
      2. If you provide less than 1 weeks notice the booking may not be transferred to an alternative time
  3. All booking cancellations due to COVID-19 made prior to the start of the booked session time will be transferable to an alternative date/time within the next 12 months. All fees and deposits paid will be held in credit.
  4. Staff in the venue are unable to provide refunds.
 If you wish to request a transfer or refund please email us at activate@hardrock.com.au stating your booking reference number and request.
– GIFT CARDS –
  1. Activate by Hardrock Pty Ltd Gift cards are valid to make purchases for three years after the date of issue. After the expiry date unused value will become the property of Activate by Hardrock Pty Ltd.
  2. Activate by Hardrock Gift cards are only available to purchase from our website www.activatebyhardrock.com.au/gift-cards or in our venue.
  3. Activate by Hardrock Gift cards can be used online at www.activatebyhardrock.com.au/booking or in our venue.
  4. The minimum value that can be loaded onto a gift card is $20. There are no restrictions on purchases using the loaded credit and all remaining value is stored for future use.
  5. Gift cards cannot be used to purchase replacement Gift cards.
  6. Gift Cards are not legal tender, account cards, credit or debit cards or security. You cannot obtain cash advance, redeem your Gift Card for cash or receive any portion of the remaining Gift Card value in cash.
  7. Gift Cards cannot be cancelled once they are issued except if voided by Activate by Hardrock, if their value is used or if they expire.
  8. We reserve the right to void any Gift Card that appears to have been defaced, mutilated, altered or tampered with in any way and Activate by Hardrock may subject Gift Cards to a verification process.
  9. Lost, Damaged or Stolen gift cards will not be replaced.
  10. All Gift Cards remain the property of Activate by Hardrock. If the Remaining Gift Card Value is zero your Gift Card cannot be reloaded. Our point of sale operator may destroy your expended Gift Card or you must destroy it by cutting it in half diagonally.
  11. General Bookings terms and conditions apply.
– PROMOTIONAL VOUCHERS –

Activate by Hardrock uses promotional vouchers and discount codes from time to time. E.g. Free climb vouchers and 2 For 1 vouchers.

  1. Activate by Hardrock promotions are valid for a specified period of time upon issue.
  2. Certain ticket types may be included/excluded from the promotion. Please see the specific promotion for more details.
  3. For the promotional code to apply it must be used at the time of purchase either at activatebyhardrock.com.au/booking over the phone or in our venue.
  4. Promotion codes cannot be backdated or applied to previous transactions.
  5. Activate by Hardrock reserves the right to amend or withdraw promotional codes at any time.
  6. Promotional codes are not transferrable or redeemable for cash or credit.
  7. Promotional codes cannot be used in conjunction with any other offer, voucher or discount.
  8. General Bookings terms and conditions apply.
– DROP-OFF PROGRAMS –

For drop-off program terms & conditions please click here.

– DELIVERY NOTICE –

If you make a booking through the Activate by Hardrock Pty Ltd website you will receive via email a Booking Confirmation which includes your booking reference, the date and time you have booked for, a description and cost of the services you have booked, your payment method, our address and contract details.

If you feel this information is incorrect or you are unclear as to why you have received this email please advise us by phoning (03) 9558 1199 or via email at activate@hardrock.com.au.