Terms and Conditions
To the Customer:
These terms and conditions affect your legal rights. It is imperative that you read and understand the following terms and conditions.
Xtreme Air Pty Ltd (ACN 162 913 902) (“Xtreme Air”) as Trustee for the Xtreme Air Unit Trust, trading as Xtreme Air, is a supplier of recreational services as defined under section 22 of the Australian Consumer Law and Fair Trading Act 2012.
Xtreme Air sells all tickets and supplies all recreational services to you (the Customer) including but not limited to trampolining, trampolining lessons and other sporting or leisure pursuits engaged in at Xtreme Air.
By purchasing a ticket the Customer is deemed to have understood and accepted the terms and conditions outlined below:
a) The Customer must pay the fee of entry in full prior to being admitted to Xtreme Air Trampoline Park (the Venue).
b) Fees are displayed on the Xtreme Air website and at the Venue and are subject to variation without notice.
a) The Customer understands that the recreational activities that are supplied by Xtreme Air are inherently dangerous and by consequence, personal injury and sometimes death can occur. The Customer assumes and accepts all such risks and hereby waives the right to sue Xtreme Air for any personal injury or death in any way whatsoever caused by or arising from he Customer's participation in such activities.
b) WARNING: If you participate in these activities, your rights to sue Xtreme Air under the Australian Consumer Law & Fair Trading Act 2012 if you are killed or injured because the activities were not rendered with due care and skill or were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in paragraph 2(a).
c)The change to your rights, as outlined above, does nt apply if your death is due to gross negligence on the part of Xtreme Air. Gross negligence, in relation to an act or omission, means doing an act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. Refer to regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law & Fair Trading Act 2012 for more information.
4. Customer's CovenantsIn no event shall Xtreme Air be liable for loss of profit or consequential damages, whether based on breach of contract, warranty or otherwise.
The Customer must:
a) Not carry on any activity at the Venue which is dangerous, offensive, illegal, or objectionable;b) Not use the Venue for any purpose other than for which it is designed;c) Vacate the Venue at the conclusion of the session; andd) Comply with all signs or other directions given by staff who may suspend or cancel the Customer's access to recreational activities at the Xtreme Air Venue in its discretion for non-compliance with these conditions or for reckless/careless conduct.
6. Age RestrictionsThe Customer indemnifies Xtreme Air for any injury, loss, or damage arising out of the use of the Venue and the conduct of the Customer, (including damage to the Venue or its facilities) except where such injury, loss, or damage arises by reason of an act or omission of Xtreme Air, its employees or agents.
a) Children must be at least 3 years of age to use the facilities at Xtreme Air, and when less than 12 years of age, must be supervised by an adult.b) Where the Customer is responsible for children they agree to be bound by these conditions on their behalf and will directly supervise them at all times.
8. Force Majeurea) Booking online in advance is recommended to ensure that space is available.b) Tickets issued remain the property of Xtreme Air and are non-transferable and are void if tampered with.c) Bookings are non-refundable and non-transferable.d) If you purchase a ticket to participate in any recreational activity at the 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.
Performance of this Agreement is contingent upon the ability of Xtreme Air to offer the Venue for use and will not be liable to the Customer for any failure to provide the Venue or any of the services herein due to the causes which are beyond the reasonable control of Xtreme Air.
9. Alcohol and Other Substances
The following substances and their consumption are strictly prohibited within the Venue:
Xtreme Air and its employees reserve the right to refuse entry to persons who:
10. Health and Safetya) Reasonably appear to be under the influence of alcohol or illicit substances; orb) Are in possession of alcohol or illicit substances.
11. Privacya) Customers are required to be in good health and must not suffer from any serious medical conditions.b) For safety reasons, pregnant women, Customers who suffer pre-existing health problems or who are currently wearing casts are not permitted on the trampolines.c) The Customer agrees to pay the cost of and authorises Xtreme Air to take all steps it considers reasonably necessary to protect his or her welfare in the event of personal injury, including the administration of any emergency medical treatment and ambulance transportation.
12. Lawa) Xtreme Air collects the Customer's personal information to provide and market its services.b) While in the Venue the Customer consents to images and video being taken of him/her or the children in his/her care for promotional and security purposes.
a) This Agreement shall be governed by the laws of the State of Victoria and the Commonwealth of Australia and the parties agree to submit the jurisdiction of that State and the Commonwealth respectively.