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TERMS AND CONDITIONS

 

The following conditions of sale (“Conditions”) will apply to and bind the purchaser of any

BEATBALL product.

The following conditions of sale (‘Conditions of Sale’) will apply to and bind the purchaser of any BEATBALL product described in any of our websites or in this document.

Please read this agreement carefully before selecting your purchases. By selecting the “I agree” at the time of ticket purchase, you acknowledge that you have read this agreement, understand it and agree to be bound by its conditions. If you are making a purchase on behalf of another person, you understand that all participants must agree to the WAIVER at Annexure A (displayed below) before participating in Beatball, and by participating in any activities in the Beatball venue, all participants confirm that they have read and agree to these terms and conditions, including the Waiver at Annexure A and any other Participant Waiver they are asked to sign to participate in BEATBALL activities.

1. While in or at any BEATBALL venue, the Participant or Guardian of a Participant consents to images and video being taken for security or promotional purposes of Participants and children for whom they are responsible. Such images and videos will be the exclusive property of BEATBALL and the Participant and or Guardian agree to the free publication and/or use in any form or media whatsoever of such images and videos, without payment or compensation. If a Participant or Guardian signing the waiver wishes to withdraw or vary this consent, it will be up to the Participant and or Guardian to inform Beatball Australia Pty Ltd prior to entry at Beatball Australia Pty Ltd. Video and Images recorded at Beatball Australia Pty Ltd for security purposes are a condition of entry. For further information, please see our Privacy Policy.

2. All tickets remain the property of BEATBALL and cannot be transferred or resold. They are valid only for the date shown and are void if tampered with.

3. If You purchase a ticket or are given a complimentary free entry pass for the use of the court and trampolines or any other equipment or facilities at any BEATBALL venue on behalf of another person, You and that other person both agree that You make that purchase as the authorised agent of that other person so that he/she will be bound by these conditions.

4. The Customer acknowledges that BEATBALL’s Safety policy and rules are available on BEATBALL’s website. BEATBALL’s Safety policy and rules also include the rules and warnings displayed at BEATBALL venues. The Customer agrees to adhere to the Safety policy and rules and acknowledges that there is a significant risk in non-compliance with the Safety policy and rules. Strict adherence to the Safety policy and rules by the Customer is required by BEATBALL as a term of entry into a BEATBALL venue.

5. A deposit is required to secure a party or event booking and full payment must be made a minimum of 7 days prior to your event otherwise any reservation and or deposit received for same will be automatically cancelled by our automated booking system. The deposit and the full payment made in advance are non-refundable.

6. The Customer must comply with all signs or other directions of BEATBALL and it may suspend or cancel the Customer’s access to any Recreational Activities at any BEATBALL venue in its absolute discretion for non-compliance with these Conditions, or for reckless or careless conduct, aggressiveness and any other behaviour deemed to be unsuitable by BEATBALL. 

 

 

 

ANNEXURE A - WAIVER IMPORTANT NOTICE – PLEASE READ

WHO WE ARE: For the purpose of this waiver "Company" is Beatball Australia Pty Ltd as well as Beatball Australia Pty Ltd.’s affiliates, employees, owners, directors, instructors, referees, agents, successors and assigns. Company is the supplier of recreational services (as defined in section 139A of the Competition and Consumer Act). Company sells all tickets and supplies all recreational services and facilities to You at the BEATBALL venues including, but not limited to use of the BEATBALL court, trampolining,  any other Beatball Sports, training and use of the equipment, the condition, layout, construction, design, maintenance and use of trampolines, the presence of people or objects thereon, the surrounding areas and any other sporting or leisure time pursuits (together the Activities).

WHAT YOU AGREE TO: In consideration for the Company allowing You to participate in the Activities, You or any other person identified herein, including any children, relatives or dependents ("You") agree to the following conditions:

1. RISKS: You acknowledge that your attendance at a BEATBALL venue and participation in the activities is a recreational activity with inherent safety risks and hazards, not only from use of the facilities but risks of injury from fellow participants. As a consequence, personal injury, significant injury, unanticipated or unforeseeable injuries, can occur. As a result of this, you may suffer a loss of income, financial loss or other forms of economic loss. You acknowledge that the assumption of risk and warning above constitutes a 'risk warning' pursuant to any relevant legislation including the Civil Liability Act 2002 (NSW) and the Civil Liability Act 2002 (WA).

2. ACCEPTANCE OF RISKS: You agree that Your participation in the Activities is purely voluntary and that You assume and accept all such risks (including the risk of personal injury, as well as economic loss). You agree to pay the cost of and authorise Company to take all steps it considers reasonably necessary to protect Your welfare and or the participants You are responsible for in the event of personal injury, including the administration of any emergency medical treatment and ambulance transportation. You certify that You have adequate insurance to cover any injury or damage You suffer or any participants You are responsible for,  while participating in the Activities or at the BEATBALL venue, and otherwise indemnify Company for any costs it incurs in relation to the protection of Your welfare and or the participants You are responsible for.

3. COMPANY'S LIABILITY TO YOU: Subject to any law that cannot be excluded, the Company is not liable to You, Your dependents, successors, assigns or legal representatives for economic loss, personal injury or death suffered by You whatsoever because the Activities were not supplied with due care and skill or were not reasonably fit for their purpose or because of the negligence, breach of contract, statute or statutory duty by Company. You agree that in exchange for being permitted to participate in the Activities, You release and agree to indemnify and hold harmless Company from any claim, demand, or cause of action, including any claim in relation to economic loss personal injury or death in any way whatsoever caused (including by negligence) by or relating to the Participant’s participation in the Activities, to the maximum extent permitted by law (including a release of liability for death or personal injury in the provision of recreational services pursuant to the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)). You agree that the application the provisions of Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law, the exercise of rights under those guarantees, and any liability of the Company for a failure to comply with those guarantees, are excluded. This exclusion of liability is limited to liability for:

(a) death; or

(b) a physical or mental injury of an individual (including the aggravation, acceleration or recurrence of such an injury of the individual); or

(c) the contraction, aggravation or acceleration of a disease of an individual; or

(d) The coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual:

i. That is or may be harmful or disadvantageous to the individual or community; or

ii. That may result in harm or disadvantage to the individual or community.

Subject to law which cannot be excluded, you waive the right to sue Company for any personal injury or death caused by or relating to the Your participation in the Activities.

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012: Under the Australian Consumer Law (VIC), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you:

- are rendered with due care and skill;

- are reasonably fit for any purpose which you, either expressly or by implication, make known

to the supplier; and

- might reasonably be expected to achieve any result you have made known to the supplier.

Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.

NOTE: The change to your rights, as set out in this form, 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 23 (3)(b) of the Australian Consumer Law Fair Trading Act 2012.

4. YOUR CONDUCT WHILE PARTICIPATING IN THE ACTIVITIES: You must use the trampolines and other equipment at the BEATBALL venue in a responsible manner, and with respect for Your own safety and the safety of others. You may be liable to other individuals for their injuries. You must pay for any damage You cause to the trampolines or any equipment at the BEATBALL venue.

Where You are responsible for a child, You agree to be bound by these conditions on the child’s behalf. You take responsibility for the child’s safety and must always directly supervise them. You must comply with all signs or other directions of the Company and the Company may suspend or cancel Your access to recreational activities at any BEATBALL venue in its absolute discretion without compensation, for non-compliance with these conditions, or for reckless or careless conduct.

5. PHYSICAL AND CLOTHING REQUIREMENTS: The Company reserves the right to not permit any person to participate in the Activities if, in the Company's sole discretion, it determines that they are not fit to do so. If this occurs, Company will refund the ticket price to You.

a. You warrant that you are of good health and free from any adverse medical conditions including but not limited to pre-existing medical conditions, circulatory conditions, heart or lung conditions, recent surgeries, back or neck conditions, high blood pressure, spine, musculoskeletal, head injury or pregnancy. If you have any concerns about whether you are fit to participate in the activities, you should contact a medical professional before participating.

b. For safety reasons, pregnant women, customers with pre-existing health issues or wearing casts are not permitted to participate in the activities.

c. You acknowledge that smoking, the consumption of alcohol or the use of any unlawful drugs or stimulants during the Activities, is strictly forbidden and your participation in the Activities will not be allowed should a member of the Company consider that you have undertaken these activities at a BEATBALL venue or are under the influence of alcohol or unlawful drugs or stimulants.

d. The weight limit for participation in the Activities is 120kgs. It is advised by Company that before engaging in any Activity, a Customer with weight concerns should seek approval from their medical practitioner.

e. The minimum height recommended for the BEATBALL activity floor is 110cm or above. Without limiting any of the Conditions, Customers and supervisors of children acknowledge that access to the activity floor outside of this recommendation is at their own risk.

f. Children must always be at least 5 years of age to use the facilities at any BEATBALL venue and when less than 13 years of age be supervised by a responsible adult. By allowing a child between the age of (5) and (13) to participate in activities at Beatball you agree that no level of supervision by the staff at Beatball or yourself can ensure their complete safety.

g. You acknowledge that BEATBALL grip socks provide extra deterrence from slipping and should be worn on the BEATBALL Court, the trampolines and other activity areas, and that closed-toe, rubber non-slip soled shoes must be worn at all other times within any BEATBALL venue. No open-toe shoes are deemed safe attire in any BEATBALL venue. Anyone entering the venue wearing inappropriate footwear may be required to purchase and wear a pair of BEATBALL grip socks for the duration of their visit.

6. YOUR BELONGINGS: You must look after Your own belongings at the BEATBALL venue. Items such as phones and cameras may get damaged if they are used while trampolining, and BEATBALL shall not be liable for any loss or damage to Your property (howsoever caused) in the course of trampolining or engaging in other recreational activities at the BEATBALL venue.

a. If You choose to use any cloakroom or storage facilities offered by BEATBALL, we do not recommend storing any valuables there. To the extent permitted by law, Company's maximum liability to You for any loss or damage to property stored in any cloakroom or storage facilities at the BEATBALL venue (whether arising from BEATBALL negligence or otherwise) shall be $10.00.

7. LEGAL STUFF: This waiver does not exclude any law (including the Australian consumer law) that cannot otherwise be excluded. you acknowledge that, if any clause of this waiver of liability is found to be invalid, it will be struck out and the balance of the waiver of liability will remain in effect and enforceable. You agree that this Waiver of Liability will be interpreted under the laws of Victoria, Australia.

8. 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 injured in any way 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 sign.

9. NOTE: The change to your rights, as set out herein in or on this sign, does not apply if any 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.

BEATBALL AUSTRALIA PTY LTD 1/263-271 WELLS ROAD CHELSEA HEIGHTS VICTORIA 3196 EMAIL: moreinfo@beatball.com.au

 

 

 

WEBSITE TERMS AND CONDITIONS

WWW.BEATBALL.COM.AU ("BEATBALL Website")

By using the BEATBALL Website, you are agreeing to be bound by this Website's Terms and Conditions.

The BEATBALL Website is provided by BEATBALL Australia Pty Ltd (ACN 62402252) (BEATBALL).

The BEATBALL Website may provide links to third-party websites and the products or services of third parties. BEATBALL disclaims all responsibility and liability in any way. Your access or use of any third-party sites is at your own risk.

 

The BEATBALL Website may from time to time display third-party advertisements. Such advertisements or may not contain hyperlinks to third-party websites. BEATBALL does not endorse or recommend the goods or services of such advertisers or their websites.

 

Copyright in the BEATBALL Website is owned by BEATBALL or its licensors.

 

The BEATBALL Website may contain trademarks or logos of BEATBALL, other companies, or organisations and these are proprietary to the owner(s) of such marks.

 

BEATBALL may at any time discontinue or limit access to the BEATBALL Website or its content.

 

BEATBALL may terminate or limit your access to the BEATBALL Website if you breach these conditions. All disclaimers and limitations of liability by BEATBALL will survive termination.

 

The prices of the BEATBALL products shall be the prices displayed on the BEATBALL Website on the date of your order (inclusive of Goods and Services Tax (“GST”) and any other charges which must be mandatorily disclosed under the Competition and Consumer Act 2010 (Cth)).

 

All prices displayed on the BEATBALL Website are quoted in Australian dollars and must be paid in full, except where discounts are offered as detailed on the BEATBALL Website.

 

You may not cancel an order once it has been submitted and paid, even if a confirmation email from BEATBALL is still pending. All purchases are non-refundable.

 

All online purchases are governed by the Terms and Conditions of the use of the BEATBALL venues, copies of which are available online and at the venues.

 

You acknowledge that despite BEATBALL’s reasonable precautions, BEATBALL’s products may be listed at an incorrect price, with incorrect information, or unavailable due to an error, unavoidable circumstances, or other oversight. In these circumstances, BEATBALL reserves the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged.

 

If a cancellation occurs in accordance with clause 11 of these Website Terms and Conditions, after your credit card has been charged for the purchase, BEATBALL will immediately issue a credit to your credit card account for the amount in question.

 

Details of the conditions applicable to the purchase of BEATBALL products on the BEATBALL Website may differ from time to time. BEATBALL reserves the right to make any changes to the details and Website Terms and Conditions if necessary to comply with any applicable legislation and to change the details and conditions published on the BEATBALL Website, without affording notice, provided that this does not materially affect the nature of the BEATBALL products purchased by you.

When you click on the “I Agree” checkbox when purchasing items from the BEATBALL Website, you agree to these Website Terms and Conditions and the Terms and Conditions of use of the BEATBALL venues, and BEATBALL will treat the order as confirmed. You are responsible for ensuring the accuracy of your order. BEATBALL shall supply you, subject to availability, with BEATBALL products set out in your order. BEATBALL shall confirm each order made online via the BEATBALL Website or by email within two (2) business days.

 

When purchasing from the BEATBALL Website your financial details are passed through a secure server.

 

No transmission over the Internet can be guaranteed as totally secure. Whilst BEATBALL strives to protect such information, it does not warrant and cannot ensure the security of any information, which you transmit to it. Accordingly, any information which you transmit to BEATBALL, including your credit card details, is transmitted at your own risk and BEATBALL shall have no liability to you for any financial or consequential loss or damage suffered by you in any way whatsoever arising out of or related to your use of this website whether due to negligence, breach of contract, statute or statutory duty by BEATBALL.

 

Once BEATBALL receives your transmission, it will take reasonable steps to preserve the security of such information.

 

These Website Terms and Conditions shall be governed by and construed firstly in accordance with the laws of the State of Victoria (the courts of which shall have exclusive jurisdiction) and then in accordance with the laws of the Commonwealth of Australia. If any of these Website Terms and Conditions should be determined to be void, invalid or otherwise unenforceable, such conditions shall be deemed deleted and the remaining Website Terms and Conditions shall remain and continue to be valid, binding and enforceable.

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