Indemnity Waiver

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Exclusion of Liability Waiver

The Slideapalooza Exclusion of Liability Waiver must be accepted by all Adults and Spectators when activating a ticket in the ticket holder’s Slide Account before entry. Any inactive tickets will not be allowed entry until a Slide Account is made and this waiver is accepted.  This waiver is placed here as a reference.

TERMS AND CONDITIONS*

SLIDEAPALOOZA PLY LTD – CONDITIONS OF SALE

NOTICE TO USER: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SELECTING YOUR PURCHASES. BY SELECTING THE “I AGREE” CHECKBOX, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

  1. The following conditions of sale (“conditions of sale”) will apply to and bind the purchaser of any Slideapalooza Pty Ltd product on this website.
  2. If you are making a purchase on behalf of another person, you agree that you are making the purchase as their agent.
  3. If a person has purchased a Slideapalooza Pty Ltd product on your behalf, you expressly agree to be bound by the conditions of sale and acknowledge that this agreement is a variation or collateral agreement to the original agreement between the person who purchased the Slidepalooza Pty Ltd product on your behalf and Slideapalooza Pty Ltd and that the conditions of sale are incorporated into the later agreement.

IMPORTANT NOTICE PLEASE READ:

 RISK WARNING, ASSUMPTION OF RISK, WAIVER OF RIGHT NOT TO SUE, EXCLUSION OF LIABILITY – THESE CONDITIONS AFFECT YOUR LEGAL RIGHTS!

Risk Warning & Acknowledgement

  1. Slideapalooza Pty Ltd (‘the Service Provider’) as the supplier of recreational services, sells all tickets and supplies all recreational services and facilities to you, the customer, including, but not limited to, the use of inflatable slides, equipment and facilities, and their condition, layout, construction, design, maintenance, and the presence of people or objects thereon and in the surrounding areas (‘the Recreational Activities’) in the Slidepalooza Pty Ltd venue, subject to the following conditions of sale.
  2. By purchasing a ticket for or by using any of the facilities at any Slidepalooza Pty Ltd venue, you agree to be bound by the conditions of sale.
  3. Participation in the Recreational Activities involve significant inherent risks and hazards, including, but not limited to, falls, slips, contact and/or crashes with other participants and objects due to accident, personal misjudgment, or the acts or omissions of other participants, spectators, volunteers or staff of the Service Provider effects of weather including heat and/or humidity, failure of equipment, water hazards and any other hazards that may be caused by. Particular risks include, twists, sprains, broken bones and or physical injury, spinal Injury, paralysis, death and property damage.
  4. Before you participate in the Recreational Activities, you should:
    1. ensure that you are aware of, and properly understand, all of the risks involved in the Recreational Activities, and that those risks will include any particular or pre-existing risks associated with any health condition from which you suffer;
    2. inspect the course, facilities, equipment and areas to be used and if you believe any to be unsafe you must advise the person supervising the event, activity, facility or area.
  5. By agreeing to this document, you acknowledge, agree and understand that your participation in the Recreational Activities provided by the Service Provider may involve risks generally and the particular risks described above.
  6. By agreeing to this document, you acknowledge, agree and understand that you engage or participate in the Recreational Activities voluntarily and at your own risk.
  7. By agreeing to this document, you also acknowledge, agree, and understand that the risk warning above constitutes a ‘risk warning’ or general warning for the purposes of the relevant legislation, including the Civil Liability Act 2002 (NSW); the Civil Liability Act 2002 (WA); the Consumer Affairs and Fair Trading Act (NT); the Civil Law (Wrongs) Act 2002 (ACT); the Civil liability Act 2002 (TAS); and/or the Civil Liability Act 2003 (QLD).

Waiver & Release

  1. Section 139A of Competition and Consumer Act 2010 (Cth) permits the Service Provider of the Recreational Activities and associated services to ask you to agree that the statutory guarantees under the Australian Consumer Law (Cth) do not apply to you (or a person for whom or on whose behalf you are acquiring the services).
  2. By agreeing to this document, you acknowledge, agree and understand that, to the full extent permitted by law (including section 139A of the Competition and Consumer Act 2010 (Cth)):
    1. Your rights (or the rights of a person for whom or on whose behalf you are acquiring the services) to sue the Service Provider, its servant and agents, in relation to the Recreational Activities if the Recreational Activities or associated services were not provided to you in accordance with any express or implied warranty or guarantee that the services will be provided with reasonable care and skill, are excluded, restricted or modified as set out below; and
    2. You (or the person for whom or on whose behalf you are acquiring the services) release the Service Provider, its servant and agents, from all liability for a failure to comply with any express or implied warranty or guarantee that the services will be provided with reasonable care and skill.
  3. By agreeing to this document, you acknowledge, agree and understand that, to the full extent permitted by law, the liability of the Service Provider in relation to recreational services (as that term is defined in the Australian Consumer Law (Cth) and any similar state legislation and laws) and recreational activities for any:
    1. death;
    2. physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
    3. the contraction, aggravation or acceleration of a disease;
    4. 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:
      1. that is or may be harmful or disadvantageous to you or the community;
      2. that may result in harm or disadvantage to you or the community; that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services or recreational activities is excluded.
    5. By agreeing to this document, to the full extent permitted by law, you (or the person for whom or on whose behalf you are acquiring the services) agree to waive and/or release the Service Provider, its servants and agents, from any claim, right or cause of action which you or your heirs, successors, executors, administrators, agents and assigns might otherwise have against the Service Provider, its servant and agents, for or arising out of your death or physical or mental injury, disease, loss and damage, or economic loss of any description whatsoever which you may suffer or sustain in the course of or consequential upon or incidental to your participation in the Recreational Activities, whether caused by the negligence of the Service Provider, its servant and agents, breach of contract or otherwise.
    6. By agreeing to this document, you acknowledge, agree and understand that:
      1. The Service Provider will permit you to participate in the Recreational Activities, and provide you with the associated services, in part in consideration of you agreeing to this document;
      2. The Service Provider may rely on this document in any proceedings commenced in any Court by me or by my heirs, executors and assigns; and
      3. The law of Queensland governs this document.
    7. You do not have to agree to exclude, restrict or modify or waive your rights against, or release, the Service Provider, its servants and agents, from any claims by agreeing to this document, however the Service Provider may refuse to allow you to participate in the Recreational Activities, or to provide you with the associated services, if you do not agree to exclude, restrict, modify or waive your rights against, or release, the Service Provider, its servants and agents, by agreeing to this document. Even if you agree to this document, you may still have further legal rights.

General Conditions of Entry

  1. You must abide by the instructions of the Service Provider’s staff at all times or you may be removed from the premises and refused entry in future. This is to ensure safety and enjoyment for all participants engaged in the Recreational Activities. Your entry into the premises of the Service Provider is on strict condition that you comply with the safety and other general instructions given by the Service Provider’s You will not be given a refund for any unused time should you be removed from the premises.
  2. You understand and acknowledge the dangers associated with the consumption of alcohol before or during your involvement in the Recreational Activities, and you accept full responsibility for any injury, loss or damage associated with the consumption of alcohol.
  3. You acknowledge and accept that your entry fee is not refundable or transferrable under any circumstance.
  4. On occasion, promotional video or photographs may be used by the Service Provider which may include your image whilst being engaged in Recreational Activities. By agreeing to this document you consent to this use unless you specifically request in writing that your image not be used for this purpose.
  5. This agreement (and any documents to which it refers) constitutes the entire agreement between the parties in respect to the Recreational Activities and supersedes all other agreements, understandings and representations and negotiations with the Service Provider in relation to the Recreational Activities.  To the extent that any clause of this agreement is void or unenforceable it is severable and does not affect the remaining provisions of the agreement.

****** I have read and agree to the above Terms and Conditions

_____

All Adult and Spectator ticket holders are required to accept the Indemnity Waiver either via your Slide Account or at the festival with a paper waiver. Any signed paper waivers are then scanned into a digital file and kept on file for the necessary legal filing time.