TERMS & CONDITIONS – PROGRAMS
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 an after school program/coaching program 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 ConsumerLaw & Fair Trading Regulations 2012 and section 23(3)(b) of the Australian Consumer Law & Fair Trading Act 2012.
5. 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.
– GENERAL –
6. Children must be between the ages of 5 – 16 to participate in the after school/or climb coaching programs at Activate by Hardrock Pty Ltd.
7. You understand that your child can attend the Activate by Hardrock service only after you completed your enrolment form, including adding sufficient emergency contacts, disclosing all relevant child conditions, and providing payment for the enrolled program.
8. You understand that Activate by Hardrock staff do not supervise your child until they are signed into the service.
9. You understand that Activate by Hardrock staff do not supervise your child after they have been signed out of the service by a parent/guardian/authorised person.
10. Activate by Hardrock accepts no liability for personal injury, property damage, personal items (such as spectacles, jewellery and electronic devices) or loss sustained by any participant as a result of his or her participation in the After School Care Programs due to any cause whatsoever unless caused by proven negligence of Activate by Hardrock, its directors or employees.
11. If your child continuously demonstrates inappropriate behaviour after guidance procedures have been followed, you will be notified and your child may be removed from the program.
12. You agree to collect or make arrangements for the collection of your child at your own expense if he/she becomes unwell at the service.
– MEDICAL –
13. Participants must be in good health and free from any adverse medical conditions. For safety reasons, customers with pre-existing health issues or wearing casts are not permitted on the climbing walls. If in doubt please seek medical advice.
14. If your child has a medical condition, dietary requirement or any other additional need, you are responsible for providing an Action Plan and/or supporting documentation to Activate by Hardrock, prior to your child’s attendance at the service.
15. You acknowledge that your child can not attend the program if suffering from an infectious or contagious disease, and you will not attempt to make your child attend in such circumstances.
– PHOTOGRAPHY –
16. 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.
17. If you do not consent to images and video being taken for promotional purposes of yourself, your children or of children for whom you are responsible please complete this section of the enrolment form.
– TICKETS –
18. All tickets remain the property of Activate by Hardrock Pty Ltd and cannot be transferred or resold. They are valid only for the dates and times booked.
19. 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.
20. 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.
21. This agreement:
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.
– REFUND/CANCELLATION POLICY –
22. You agree to pay for all of the days your child is successfully booked in (and not cancelled within the relevant time frame), regardless of whether your child actually attends. Cancellations to any booking must be made 7 days prior to the scheduled date of attendance. Otherwise full fees apply.
23. Refunds or credits are not issued in the case of illness unless; however a 2 month credit can be issued allowing the child to climb at Up Unlimited in a standard casual session.
24. Activate by Hardrock will only consider special requests for refunds or credits on compassionate grounds, if made in writing (email acceptable) within 7 days of the absence. Activate by Hardrock is under no obligation to refund or credit families for any session a child did not attend when booked.
– 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 firstname.lastname@example.org .