IMPORTANT NOTICE – PLEASE READ
These terms and conditions affect your legal rights. It is important that you read this agreement carefully before making a purchase. By signing this agreement or by selecting “I agree to the terms and conditions” you acknowledge that you have read, understood and agreed to be bound by the conditions in this agreement. If you are making a purchase on behalf of another person, you agree that you are their agent so that they will be bound by this agreement.
Rat Pack Adventures Pty Ltd (ACN 619 114 340) (“GoClimb Australia” or “GoClimb”) as the supplier of recreational services, sells all tickets and supplies all recreational services and facilities to the customer (“you”), including but not limited to: climbing, lessons, entertainment, café services, function rooms and use of the attractions: Clip ‘n Climb arena (fun wall climbing), NinjaX (obstacle course), GoPlay / GoJnr (playground assembly), and all other recreational activities within the GoClimb venue. All use of any of the facilities and attractions at GoClimb is undertaken according to the terms and conditions in this agreement, the safety rules on the GoClimb website and the instructions given during safety briefings. By purchasing an attraction session and/or participation in an attraction at GoClimb, you are deemed to have accepted the terms and conditions in this agreement and displayed at GoClimb.
Waiver: You acknowledge that the recreational activities are dangerous with inherent risks and hazards and as a consequence personal injury and sometimes death can occur and you assume and accept all such risks. Subject to the provisions herein contained, you release, discharge and forever hold harmless GoClimb, its employees, directors and agents from all liability, obligation and responsibility of any nature whatsoever for death or for any losses, damages or injuries of any nature whatsoever relating to, touching upon or arising directly or indirectly from your engagement in the recreational activity and from your participation in any related or incidental activities thereto. This Release shall be binding upon the Estate, and upon any Legal Personal Representative appointed by your Estate and may be pleaded by GoClimb as a complete bar in relation to any action, suit, claim or demand of any nature whatsoever that you may bring against GoClimb or which may be brought against GoClimb on your behalf. This Release shall extend and shall apply to all conduct of any nature whatsoever of GoClimb including, without limitation, the circumstances where the facilities pursuant to which the recreational activity takes place were not supplied with due care and skill or not fit for purpose or because of negligence, breach of contract, statute or statutory duty by GoClimb. In no event shall GoClimb be liable for loss of profit or consequential damages, whether based on breaches of contract, warranty or otherwise.
Fees, Charges and Tickets: All transactions are in Australian Dollars. Fees and charges are shown on the GoClimb website and at the venue and are subject to change without notice. Booking online in advance is recommended to ensure space is available. You are required to pay the session fee in full prior to being admitted into that attraction session. A surcharge of 1% of the transaction amount is imposed on payments made with credit or debit cards. Tickets / passes issued remain the property of GoClimb and are void if tampered with. Multi-session passes and gift certificates are non-refundable and void after the expiry date. All GoClimb tickets are valid only for the date and time shown and may not, without the prior written consent of GoClimb, be resold or offered for resale at a premium or used for advertising, promotion or other commercial purposes either by you as the original purchaser or any subsequent bearer. You acknowledge that despite GoClimb’s reasonable precautions, GoClimb products and services may be listed at an incorrect price, with incorrect information, or which are unavailable due to an error or oversight. In these circumstances, GoClimb reserves the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged.
Refund Policy: Attraction sessions that you have booked are not refundable but can be transferred to another available date and time for the same attraction and the same session type. To arrange a transfer, you need to telephone GoClimb giving at least the below minimum period of prior notice, and make the appropriate arrangements with a GoClimb staff member with the new date and time confirmed by an email or text from GoClimb. Transfers are not possible if a shorter period of notice is given than the following minimum notice periods:
- Bookings for less than 10 people: you need to telephone and arrange an appropriate transfer more than 24 hours before the booked session time.
- Bookings for 10 or more people: you need to telephone and arrange an appropriate transfer more than 7 days before the booked session time.
Height and Weight Restrictions: The following height and weight restrictions must be observed for the safety of you, the climb crew and other customers:
- The maximum weight limit on all attractions is 130kg and you must fit safely in the provided harness.
- You must be over 100cm tall to use the Clip ‘n Climb attraction and over 130cm to use the NinjaX attraction.
Age Restrictions: Children less than 10 years of age must be supervised by a responsible adult. The adult responsible for such children agrees to be bound by these conditions on their behalf and will directly supervise the child at all times.
Law: This Agreement shall be governed by the laws of the State of Victoria and the Commonwealth of Australia and the parties agree to submit the jurisdiction of that State and the Commonwealth respectively.
Health and Emergency Treatment: You are required to be in good health and free from any adverse medical conditions. You acknowledge and are aware that the physical and mental exertion required to engage in the recreational activity and/or to participate in the activity can activate or aggravate a pre-existing physical condition. You are not permitted to participate in climbing or other physical activities if you are pregnant, impaired by a medical condition or are wearing a cast. You should seek medical advice if you are in doubt about your health. You agree to pay the cost of and authorises GoClimb to take all steps it considers reasonably necessary to protect your welfare in the event of personal injury, including the administration of any emergency medical treatment and ambulance transportation.
Actions of Others: You acknowledge that that there are inherent risks that may arise from the actions of other participants and/or spectators that are not condoned by GoClimb, but which may nevertheless still occur, which include pedestrian traffic, irresponsible, unreasonable, excessive, reckless, careless, unkind, wanton and generally objectionable behaviour whether intentional or unintentional.
Right to Refuse Entry: GoClimb has the right to refuse entry or cancel your access to use the facility if you:
- reasonably appear to be under the influence or in the possession of alcohol or illicit substances;
- fail to comply with safety regulations and/or fail to follow the instructions of GoClimb staff;
- behave in an offensive, reckless, careless or threatening manner to other customers or staff; and
- are reasonably deemed to be a danger to yourself, other customers or GoClimb staff.
Consent for Video, Images and Email: You acknowledge and give consent that, upon entering the GoClimb premises, you and those children for whom you are response may be photographed and/or videoed for security, safety and promotional purposes. By providing your email to GoClimb you consent to receiving promotional and advertising material from time to time.