Definitions:
The Winter Village at [Torrens Parade, Victoria Drive, Adelaide SA 5000] ("The Event")
Australian Venue Co Limited ABN 14 607 666 348 ("Operator")
JBS Hospitality Events Pty Ltd ABN 79 616 577 434 (“Tailored Ticketing”)
All tickets for the use of the facilities at The Eventare sold by the Operator. Only the member or event attendees and the Operator are entering into an agreement regarding the event or membership. Tailored Ticketing acts as a sales agent and intermediary for the Operator by order and for account of the Operator. It is the Operators’ duty to advise and instruct attendees/members of their eventually existing right of objection according to the legal guidelines.
TERMS AND CONDITIONS
The following terms and conditions apply to all attendees and users (You) of the facilities at The Winter Village Adelaide at Torrens Parade Ground (Event).
By entering the Event and signing this form, You are deemed to have agreed to these terms and conditions with Australian Venue Co Limited ABN 14 607 666 348 (Operator), the operator of the Event.
You acknowledge that ice skating is dangerous and involve a significant degree of physical exertion and risk. You also acknowledge that the facilities at Event may be unsupervised and that You participate in these activates at Your own risk and are responsible for Your own safety. If You do not currently undertake regular physical activity, You should seek medical advice before entering the Event.
You agree that the Operator and its related bodies corporate will not be liable to compensate You or persons in your care for death or personal injury (as defined in theAustralian Consumer Law and Fair Trading Act 2012 (Vic).
All minors (under 18 years of age) must be accompanied by and supervised by an adult at all times. The accompanying adult must sign this form on behalf of the minor under their supervision and agree the above exclusion of liability and to indemnify the Operator and its related bodies corporate against liability for death or person injury of You or persons in your care.
The exclusion of liability and indemnity set out above will not apply where the Operator or its related bodies corporate has been grossly negligent as set out in the note below.
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012
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 supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you enter the Event and 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 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
You consent to the Operator photographing or filming You, or any minor or dependant accompanied by You, when at the Event, for use for promotional purposes, including television, film, internet and all other forms of media, recording or reproduction, without any entitlement for any compensation or financial payment.
You must comply with all signs or other directions of the Operator. Your access to the Event may be denied at the absolute discretion of the Operator for non-compliance of the following requirements or for reckless or careless conduct:
1. Skaters must not be under the influence of drugs or alcohol. You may be tested before entering the Ice rink.
2. All belongings are the Your own responsibility. Whilst lockers are provided, the Operator does not take any responsibility for personal belongings i.e. Shoes, bags, jackets, phones, wallets etc
3. All skaters are advised to wear protective equipment including helmet, knee pads, wrist & elbow protection.
4. All Patrons must wear ice skates on the ice at all times – i.e. No walking in shoes
5. Please skate in direction of arrows
6. No Pushing
7. No pets allowed on the ice
8. No Speed or dangerous skating
9. No carrying of children on the ice
10. No chasing or playing tag on the ice
11. No throwing or spraying of ice.
12. No digging holes or damaging of the ice or barriers
13. No sitting on the barriers
14. No Bare Feet
15. No Food, No Drinks, No Texting, No Smoking, No Video Games to be used whilst on the ice
16. No offensive or abusive language
17. Please be courteous and respectful of all patrons and staff
18. The ice surface may be uneven or wet depending on the weather, as such caution must be exercised.
19. You must obey the instructions and directions of Event staff
20. Patrons disobeying the instructions of Event staff and/or posted signs will be asked to leavethe ice rink.
By purchasing a ticket online, I acknowledge and accept the above terms and conditions. A copy of this waiver is required to be signed on arrival to The Winter Village prior to accessing the ice.