BUBBLE PLANET EXPERIENCE WAIVER
NOTE: These terms and conditions affect your legal rights. It is important that you read them carefully and only sign this Waiver if you fully understand the contents.
In consideration of being granted admission to the Bubble Planet Experience, I (the Participant) hereby acknowledge, confirm and agree as provided below.
Exhibition Hub Australia Pty Ltd (ACN 694 810 065) (EH) is a supplier of recreational services, as defined in section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic). The recreational services and facilities provided include but are not limited to inflatables, soft play equipment, ball pit, bubble and foam activities, simulators, laser and light displays/installations (including the use of strobe/flashing lighting), Virtual Reality (VR), café access, bar access and any other amusement activities (together referred to as the Activities and individually an Activity) organised and conducted by EH at 62 Dawson St, Brunswick VIC 3056, Australia (the Venue).
The following acknowledgments, confirmations and agreements are provided to and for the benefit of each of EH, Fever Labs, Inc., and all entities within their respective group of entities, including (in each case) their respective agents, owners, directors, employees, contractors, representatives, and all other persons or entities acting in any capacity on their behalf (collectively referred to as Exhibition Hub).
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012
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 are excluded, restricted or modified in the way set out in this form, if you are killed or injured because the services provided were not in accordance with the statutory guarantees outlined below.
Under the Australian Consumer Law (Victoria), 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; and
- 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 exclusion of these statutory guarantees is brought to your attention by 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 2022 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
I, the Participant, certify that I am aged 18 years old or older and I am the participant named below.
1. In respect of each person who is named below as a minor participant (individually a Minor Participant and collectively the Minor Participants), the Participant:
1.1. represents and confirms that such Participant is either the parent, guardian or a duly authorised person appointed by such Minor Participant’s parent or guardian to sign this Waiver in respect of such Minor Participant with the authority to accompany the Minor Participant to the Venue
1.2. confirms and agrees that each Minor Participant under the age of 18 years old must be always accompanied by the Participant during attendance at the Venue
1.3. confirms and agrees that such Participant is responsible for each Minor Participant and undertakes to ensure that every Minor Participant observes the terms of this Waiver
1.4. confirms and agrees that such Participant is entirely responsible for the safety and supervision of each Minor Participant and their possessions, and acknowledges that Exhibition Hub does not provide supervision of children, and
1.5. agrees that each term contained in this Waiver applies both in respect of the Participant and each Minor Participant (together referred to as members of the Participant’s Group).
2. The Participant accepts that no member of the Participant’s Group must participate in any Activities if such person has consumed alcohol or non-prescription drugs prior to attending the Venue. Any member of the Participant’s Group may be refused entry, denied access to Activities, or asked to leave if Exhibition Hub staff reasonably believe they are under the influence of drugs or alcohol.
3. The Participant confirms that to the best of their knowledge, each member of the Participant’s Group is in good physical health and does not have any medical condition which could result in injury, aggravate a pre-existing condition, or make it more likely that they will be involved in an incident.
4. The Participant accepts that the Activities require a moderate level of fitness and may be physically demanding. The Participant undertakes not to participate, nor allow any Minor Participant to do so, unless they are physically and medically able.
5. The Participant acknowledges that certain Activities include:
5.1. the use of strobe and/or flashing lighting and digital displays, which may affect people with epilepsy or other photosensitive medical conditions, and/or
5.2. rooms that feature latex production elements and one in which there will be direct contact with latex.
The Participant agrees to notify Exhibition Hub staff prior to admission of any photosensitive conditions or latex allergies.
6. In circumstances referred to in paragraph 6, Exhibition Hub may (at its sole discretion) provide limited or restricted access, alternative routes, or refuse admission to the specific Activity for safety reasons.
7. The Participant acknowledges that certain Activities contain the use of VR and agrees that:
7.1. persons wishing to participate in VR must be at least 8 years of age
7.2. persons with a history of seizures or heart conditions should not use VR unless advised it is safe by a doctor, and
7.3. VR equipment contains magnetic components that could interfere with medical devices, such as pacemakers, defibrillators, or hearing aids.
8. The Participant agrees to observe all safety rules, signage, and instructions given by Exhibition Hub staff (the Rules).
9. Exhibition Hub will not be obliged to refund or offer a credit note if the Participant or Minor Participant(s) fails to comply with the Rules, is refused entry for intoxication, or is restricted from an Activity due to health/safety concerns.
10. The Participant has full responsibility for their personal property. Any belongings left at the Venue (including in the cloakroom) are left at the owner's risk. Exhibition Hub shall not be liable for any damage, loss, or theft of personal property.
11. The Participant agrees to treat the Venue and all equipment safely and to indemnify and keep indemnified Exhibition Hub from and against any liability, loss, or damage to property resulting from the Participant’s Group’s misuse, damage, or mishandling of equipment or property.
12. The Participant agrees that each member of the Participant’s Group participates in the Activities and uses Exhibition Hub’s equipment voluntarily and entirely at their own risk.
13. Exhibition Hub cannot provide medical advice or express any opinion on whether a person is fit or able to safely participate in any Activity. The Participant accepts they are responsible for obtaining specialist advice from a doctor before participating if they are unsure of their fitness.
14. The Participant accepts that Activities may involve uneven or unpredictable surfaces, requiring focus, awareness of limitations, and caution at all times. Improper participation or contravention of the Rules could be dangerous and carry the risk of personal injury.
15. The Participant agrees that each member of the Participant’s Group voluntarily accepts that participation in the Activities involves inherent risks and “obvious risks” (within the meaning of the Wrongs Act 1958 (Vic)). Participation in the Activities could result in personal injury including, but not limited to physical, bodily or psychological injury or death, such as cuts, friction burns, abrasions, bruising, muscle strains, twists, sprains, dislocations, broken bones, and paralysis.
16. To the maximum extent permitted by law, the Participant releases Exhibition Hub from any claim, demand, loss, liability, damage or expense arising out of or in connection with participation in the Activities, including personal injury or death, whether caused by the negligence of Exhibition Hub or otherwise. This clause does not exclude any rights that cannot be lawfully excluded under the Australian Consumer Law or other applicable legislation and does not exclude liability for gross negligence where exclusion is not permitted by law.
17. To the maximum extent permitted by law, and subject to the non-excludable consumer guarantees, in no event will Exhibition Hub be liable for any indirect, special, incidental, or consequential loss or damage. This includes, without limitation, financial loss, loss of profits, loss of revenue, or punitive damages, whether such liability arises in contract, tort, equity, or breach of statute.
18. The terms of this Waiver shall be governed by the laws of Victoria, Australia, and the courts of Victoria shall have exclusive jurisdiction.
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IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THIS WAIVER BEFORE SIGNING. IF THERE IS ANY TERM THAT YOU DO NOT UNDERSTAND, PLEASE DISCUSS IT WITH EXHIBITION HUB STAFF BEFORE PROCEEDING.