Terms and Conditions of Entry
IMPORTANT NOTICE – PLEASE READ
EXCLUSION OF LIABILITY – WAIVER OF RIGHT TO SUE – YOUR ASSUMPTION OF RISK – THESE CONDITIONS AFFECT YOUR LEGAL RIGHTS!
1. By purchasing entry to BASE Camp Kids for the child(ren), the customer is deemed to agree to the rules and conditions set out below.
2. For safety and hygiene purposes:
2. BASE Camp Kids, 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 activities / equipment 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 BASE Camp Kids.
3. The customer, including his / her dependents, accepts all risks and hereby waives the right to sue BASE Camp Kids for any personal injury or death in any way whatsoever caused by or arising from the customer’s participation in such activities.
4. 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 above. This does not apply if your death or injury is due to gross negligence on the part of BASE Camp Kids.
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.
5. The customer agrees to pay the cost of and authorises BASE Camp Kids to take all steps it considers reasonably necessary to protect his/her welfare in the event of personal injury, including arranging for the administration of any emergency medical treatment and ambulance transportation.
6. Deposits provided for any type of party or function booking at BASE Camp Kids are non-refundable. The date and / or time of the existing party or function booking may be changed, subject to availability.
7. While at BASE Camp Kids, the customer consent to images and video being taken for security or promotional purposes of him / herself and children for whom the customer is responsible.
8. The customer must comply with all regulations of BASE Camp Kids, which may suspend or cancel the customer’s access to the activities / equipment at BASE Camp Kids in its absolute discretion for non compliance with these conditions, or for reckless or careless conduct.
9. 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.
Thank you for your understanding and co-operation.