MAP HOSPITALITY PTY LTD ACN 662 903 871 TRADING AS TRICKY WICKET
ASSUMPTION OF RISK, EXCLUSION OF LIABILITY AND WAIVER
NOTE: These terms and conditions affect your legal rights. It is important that you read and understand them.
Map Hospitality Pty Ltd ACN 662 903 871 trading as Tricky Wicket (Tricky Wicket) is a supplier of a “Recreational Service” as defined in section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic) (ACL).
The recreational service provided is cricket (Recreational Activity).
The purpose of this agreement is to limit the liability of Tricky Wicket, its employees, directors and agents, and to exclude liability for any personal injury or death to the participant in the Recreational Activity. By participating in Recreational Activity run by Tricky Wicket, you agree that the supply of the Recreational Activity and participation by you in them is subject to the following terms and conditions:
- Under the ACL, several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that Tricky Wicket as the supplier of Recreational Activity is required to ensure that the Recreational Activity 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 ACL, Tricky Wicket as a supplier of the Recreational Activity is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue Tricky Wicket, including but not limited to under the ACL 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 agreement.
- 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 part of Tricky Wicket. 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 ACL.
- You acknowledge that the Recreational Activity is dangerous with many inherent risks and hazards and as a consequence personal injury and sometimes death can occur and you voluntarily assume and accept all such risks and waive the right to sue Tricky Wicket for any personal injury or death in any whatsoever caused by or arising from participation in the Recreational Activity.
- Tricky Wicket, its employees, directors and agents are not liable to you, your dependants or your legal representatives for personal injury or death suffered by you due to the Recreational Activity not being supplied with due care and skill or not being reasonably fit for their purpose or for breach of any of the consumer guarantees applied by the ACL, or due to the negligence, breach of contract or statute or statutory duty by Tricky Wicket.
- You release Tricky Wicket, its employees, directors and agents from all actions, suits, claims, demands, costs and other liabilities in connection with or incidental to your use of the Recreational Activity whether caused by the negligence of Tricky Wicket or otherwise.
- You agree to hold harmless and indemnify Tricky Wicket in respect of all actions, suits, claims, demands, costs and other liabilities you may have against Tricky Wicket in connection with or incidental to your use of the Recreational Activity.
- To the maximum extent permitted by law, but subject to the non-excludable consumer guarantees implied pursuant to the ACL, in no event will Tricky Wicket, or its employees, directors and agents be liable in respect of any claim for any indirect or inconsequential loss or damage including without limitation personal injury, financial loss (such as loss of profits or use of capital or revenue or otherwise), or for any punitive, exemplary, special, incidental or consequential loss or damage whether such liability arises in contract, tort, equity, breach of statute or statutory duty or breach of any consumer guarantees.
- You warrant by participation in Recreational Activity that you have appropriate skill and expertise to participate without creating risk to yourself or others and that you will ensure you participate in a manner which is commensurate and consistent with your cricket skills and abilities.
- Where you are responsible for a person participating in the Recreational Activity who is under the age of 18 years you agree to be bound by these conditions on their behalf and you will directly supervise them at all times. If you are not directly supervising them you warrant that they have appropriate skill and expertise to participate without creating risk to themselves or others and that they will participate in a manner which is commensurate and consistent with their cricket skills and abilities.
- You acknowledge that you have been informed prior to participation in Recreational Activity of the existence of insurance policies which may be available to you and that if you participate without having such insurance in place that is a decision taken by you voluntarily.
- You warrant that you do not have any pre-existing medical or other conditions which might impair your ability to safely participate in the Recreational Activity nor that would be impacted or exacerbated by your participation, and where you are participating with a person under 18 years of age or authorising their participation you warrant similarly on their behalf.
- You agree to pay the cost of and authorise Tricky Wicket to take all steps it considers reasonably necessary to protect his or her welfare in the event of personal injury, including the administration of any emergency medical treatment and ambulance transportation.
- Entry to Recreational Activity cannot be transferred, altered or resold. They are valid only for the date and time booked.
- You must comply with all signs or other directions of Tricky Wicket and it may suspend or cancel your access to the Recreational Activity in its absolute discretion for non-compliance with these conditions or for reckless or careless conduct.
- Tricky Wicket reserves the right to photograph, videotape and/or record you and/or any person under 18 years of age participating in Recreational Activity with your permission and to use your name, face, likeness, voice and appearance in connection with exhibitions, publicity, advertising and promotional materials without reservation or limitation.
- This agreement shall be governed by the laws of Victoria.
- Any provision of this agreement which is held to be unenforceable is, where possible to be severed to the extent necessary to make the agreement enforceable and the rest of the agreement is not affected.
I warrant that:
- I am over 18 years of age;
- I have read any rules of participation provided to me, or where such rules are orally explained I have heard and understood them, and I agree to abide by them;
- I have explained the rules to those participants under the age of 18 listed below (if any).
These terms and conditions commence on the date of signing, and will continue for a period of 12 months from the date of signing, including in respect of any participants under the age of 18 listed in these terms and conditions.