In consideration of us providing the Activities (as defined below), this Waiver of Liability and Terms and Conditions (together, the Terms) is made by the individual undertaking the rage room experience (Activities), (Participant, you or your), or the Participant’s legal guardian, where the Participant is under 18 years old or a dependent, with Caleb Jack Cornwall trading as Smashed Up! (ABN 22 855 877 633) (we, us or our).

Acceptance

• By accepting these Terms, you agree that you have read, accepted and will comply with these Terms, and that you are 18 years or older. If you are accepting these Terms as a parent or legal guardian of the Participant, you warrant and agree that you have the required authority to consent on behalf of the Participant. 

• We may amend these Terms, including what is available as part of the Activities (for example, the inclusions, exclusions, updated features) or the Fees, from time to time, by providing 30 days’ written notice to you. If you do not agree to the amendment and it adversely affects your rights, you may cancel your Booking with effect from the date of the change in these Terms by providing written notice to us, with no further liability to us. 

Bookings and Cancellations

• You can make a booking to undertake the Activities via our website, over the phone or by walking in to our physical premises and discussing with our staff and choosing a time and number of people to partake in the Activities (Booking). 

• You may reschedule or cancel a Booking by providing us with at least 1 business days’ notice prior to the Booking.
• If you cancel your Booking less than 1 business day prior to the time, or you fail to attend at the scheduled Booking time, you will not be entitled to a refund of the Price. 
• While we aim to provide the Activities at the Booking time, we may need to reschedule a Booking due to factors outside of our control (such as extreme weather, health orders or other mandated closures). Where we need to reschedule the Booking, we will notify you at our earlier convenience and if we cannot agree with you on a new time for the Booking, we will cancel the Booking and refund you the Price. 

Price and Payment 

• You must pay us the price for the Booking, plus any applicable processing costs as set out at the time of purchase (the Price) in accordance with this clause. All amounts are stated in Australian dollars and Australian GST (where applicable) will be set out separately.  You must pay any customs duties or taxes charged on the Price.
• You must pay the Price upfront using one of the methods set out on our website or provided in store.
• You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.
• We may offer payment through a third-party provider. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
• We may, from time to time, issue promotional discount codes for the Activities.
• To claim the discount, you must enter or quote the promotional discount code at the time of purchase.

The conditions of use relating to promotional discount codes will be set out on the website. We may also from time to time run competitions on the website or on social media. These competitions are subject to terms and conditions which will be made available on the website at the time of the competition.

Risk

1. Participating in the Activities may expose the Participant to the risk of death, physical harm, personal injury (including cuts and abrasions), psychological and emotional harm, physical exertion, disease, illness and/or loss or damage to property which may arise from:
   • third party participants;
   • the Participant’s physical fitness level, tiredness or overexertion;
   • strenuous exercises;
   • the Participant’s training technique;
   • pre-existing health conditions;
   • equipment supplied by us to carry out the Activities; or
   • any failure to comply with our instructions or directions.
2. You agree that you have read this risk warning and you are aware of and voluntarily accept any risk that may arise from the Participant’s participation in the Activities.  

Code of Conduct

• In order to reduce your risk and provide you with safe access to the Activities, you agree that you must follow our Code of Conduct.
• You must: 
  1. be over the age of:
     • 18 and in good health; or
     • 13 with a parent or legal guardian accepting these Terms and be in good health;
  2. follow our instructions and directions at all times, including by abiding by the content of our introductory safety video; 
  3. wear the personal protective equipment we provide;
  4. attend your Booking in appropriate attire, including closed toe shoes and covered legs;
  5. not be under the influence of any drugs or alcohol; 
  6. not be pregnant or wearing casts; and
  7. have no outstanding or untreated injuries.

Medical Conditions

• In the event that you become aware of any medical, physical or psychological condition, injury or impairment that may be detrimental to the Participant’s health, a risk to the Participant’s safety or affect the Participant’s proper and safe participation in the Activities, the Participant must stop participating and you should contact a medical provider.
• You agree to notify us of any pre-existing conditions that may affect the Participant prior to participating in the Activities and to immediately notify us of any injuries that occur while participating in the Activities. You warrant to us that:
  1. the Participant has the required physical health and fitness needed to participate in the Activities; and
  2. you know of no medical or other reason why the Participant cannot or should not participate in the Activities.

Exclusion of Liability

• Under the Australian Consumer Law (Cth) (ACL), statutory guarantees apply to the supply of services. As the Activities are recreational services, under the ACL, we may ask you to agree to exclude your rights in relation to these statutory guarantees.
• To the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against any loss or liability arising from or in connection with any personal injury or death caused or contributed to by the Participant’s participation in the Activities, except where caused by our reckless conduct.

General

• Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
• Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided above. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
• Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided the Party seeking to rely on the benefit of this clause, as soon as reasonably practical, notified the other Party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations and uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.
• Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
• Governing law: These Terms are governed by the laws of Tasmania. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Tasmania and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
• Third party sites: Our website may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from our website, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link (Affiliate Link) or for featuring certain products or services. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature, or which (if any) third party links are Affiliate Links.

For any questions or notices, please contact us at:

Caleb Jack Cornwall trading as Smashed Up! (ABN 22 855 877 633)

Email: smashedup@outlook.com.au