Terms of Entry
KLOUD9INE TERMS OF ENTRY & PARK RULES
Please ensure you read and agree to the following Terms of Entry & Park Safety Rules before proceeding.
NOTICE TO CUSTOMER/PARTICIPANT: This is An important notice to you as the customer/participant which includes an exclusion of liability and a waiver which affects your legal rights.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS IMPORTANT AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS CONDITIONS.
IMPORTANT NOTICE – PLEASE READ
EXCLUSION OF LIABILITY – WAIVER OF RIGHT TO SUE – YOUR ASSUMPTION OF RISK
THESE CONDITIONS AFFECT YOUR LEGAL RIGHTS!
Kloud9ine Toowoomba Pty Ltd (ABN 57 606 412 186), 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 trampolining, trampolining lessons, use of the wall, bag jump, equipment rental and maintenance, the condition, layout, construction, design, maintenance and use of trampolines, the presence of people or objects thereon, the surrounding areas and any other associated sporting activities or similar leisure time pursuits (recreational activities) in the Kloud9ine Toowoomba venue subject to the following conditions:
1. By purchasing a ticket for or by using any of the facilities at Kloud9ine Toowoomba venue, the customer agrees to be bound by these conditions.
2. Kloud9ine Toowoomba, its employees, directors and agents are not liable to the customer, your dependants or legal representatives for personal injury or death suffered by the customer because the recreational activities were not supplied with due care and skill or were not reasonably fit for their purpose or because of the negligence, breach of contract, statute or statutory duty by Kloud9ine Toowoomba.
3. The customer acknowledges that the recreational activities are dangerous with many inherent risks and hazards and as a consequence personal injury and sometimes death can occur and the customer assumes and accepts all such risks and hereby waives the right to sue Kloud9ine Toowoomba for any personal injury or death in any way whatsoever caused by or relating to the customer’s participation in such activities.
4. RISK WARNING: The use of trampolines, the wall, bag jump or any other equipment at any Kloud9ine Toowoomba venue involves a significant risk of participants suffering personal injury including the possibility of serious injuries, permanent disability or death. All participants who engage in such recreational activities do so at their own risk.
5. WARNING: If you participate in these activities 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 this sign (paragraphs 2 and 3).
6. NOTE: The change to your rights, as set out in or on this sign, 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 & Fair Trading Regulations 2012 and section 23(3)(b) of the Australian Consumer Law & Fair Trading Act 2012.
7. The customer agrees to pay the cost of and authorises Kloud9ine Toowoomba to take all steps it considers reasonably necessary to protect his/her welfare in the event of personal injury, including the administration of any emergency medical treatment and ambulance transportation.
8. Children under the age of 3 years of age must be accompanied by a parent/ legal guardian at all times to use the facilities at Kloud9ine Toowoomba venue and when less than 12 years of age be supervised by a responsible adult. Where you are responsible for such children you agree to be bound by these conditions on their behalf and you will directly supervise them at all times.
9. Participants must be in good health and free from any adverse medical conditions. For safety reasons, pregnant women, customers with pre-existing health issues or wearing casts are not permitted on the trampolines, the wall, bag jump or any other equipment. If in doubt please seek medical advice.
10. While in Kloud9ine Toowoomba venue you consent to images and video being taken for security or promotional purposes of yourself, your children or of children for whom you are responsible.
11. All tickets remain the property of Kloud9ine Toowoomba and cannot be refunded, transferred or resold. They are valid only for the date shown and are void if tampered with.
12. The customer and all participants must comply with all signs or other directions of Kloud9ine Toowoomba and it may suspend or cancel the customer’s and a participant’s access to recreational activities at any Kloud9ine Toowoomba venue in its absolute discretion for non-compliance with these conditions, or for reckless or careless conduct.
13. If you purchase a ticket for the use of the trampolines or any other equipment or facilities at any Kloud9ine Toowoomba venue on behalf of another person, you and that other person both agree that you make that purchase as the authorised agent of that other person so that he/she will be bound by these conditions.
14. These conditions shall be governed by and construed firstly in accordance with the laws of the State in which your purchase is made (the courts of which shall have exclusive jurisdiction) and then in accordance with the laws of the Commonwealth of Australia. If any of these conditions should be determined to be void, invalid or otherwise unenforceable, such conditions shall be deemed deleted and the remaining conditions shall remain and continue to be valid, binding and enforceable.
KLOUD9INE SAFETY RULES
1. Kloud9ine Socks to Be Worn at ALL TIMES. No Food or Chewing Gum On Courts.
2. REMOVE Belts, ALL LOOSE Items and Sharp Objects from Pockets BEFORE Jumping.
(ie. Phones, cameras, keys etc)
3. NO Double Bouncing, Double Flips, Climbing on Walls, Wrestling, Racing, Tackling, Shoving, Crowding, Rough play.
4. DO NOT Jump, Sit or Rest on the Padded Areas or Leave Clothes and Shoes Unattended on the Courts/Platform.
5. No Jumping if You Have Health Limitations, Previous Injuries, Pregnant, Under the In uence of Alcohol or Drugs.
6. Jump Within Your Capabilities and Always Be In Control. Always Show Consideration and Be Aware of Other Jumpers.
7. KEEP SAFE AND AVOID INJURY, EVERYBODY IS HERE TO HAVE FUN.
By signing this document you have read and accept Kloud9ine's Terms of Entry & Park Safety Rules.
If you are under 18. According to our Terms of Entry your parent or guardian must complete this booking and provide consent.