The following terms and conditions apply to all users (You) of the facilities at the O’Brien Icehouse at 105 Pearl River Road, Docklands, Victoria (O’Brien Icehouse). By entering the O’Brien Icehouse, You are deemed to have agreed these terms and conditions with O’Brien Group Australia Pty Ltd (Supplier), the operator of the O’Brien Icehouse.
1. You acknowledge that ice skating, ice skating lessons, speed skating, figure skating, ice hockey, curling, broomball, use of the gym facilities and equipment and other sporting and recreational activities at the O’Brien Icehouse are dangerous and involve a significant degree of physical exertion and risk. You also acknowledge that the facilities 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 using the O’Brien Icehouse facilities.
2. You agree that the Supplier will not be liable to compensate You for death or personal injury (as defined in the Fair Trading Act 1999). This exclusion of liability will not apply where the Supplier has been reckless as set out in the note below.
|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 or as part of this notice.|
NOTE: The change to your rights, as set out in or as part of this notice, 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.
3. You authorise the Supplier to take all steps it considers reasonably necessary to protect Your welfare in the event of personal injury, including the administration of emergency first aid.
4. You consent to the Supplier photographing or filming You, or any minor or dependant accompanied by You, when in the O’Brien Icehouse, 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.
5. Your ticket remains the property of the Supplier, is not transferable and cannot be resold. It is valid only for the date/s shown.
6. You must comply with all signs or other directions of the Supplier. Your ticket or other right of access may be suspended or cancelled and access to the ice rinks and all other facilities and equipment at the O’Brien Icehouse denied at the absolute discretion of the Supplier for non-compliance or for reckless or careless conduct.
7. Children must be at least 12 years of age to use the ice rink and at least 16 years of age to use the gym at the O’Brien Icehouse, unless supervised by a responsible adult. Where You are responsible for children using the facilities at the O’Brien Icehouse, You agree to be bound by these terms and conditions on their behalf and that You will directly supervise them at all times.
8. Details of the conditions applicable to the purchase of O’Brien Icehouse products on the Website may differ from time to time. O’Brien Icehouse reserves the right to make any changes to the details and Conditions of Sale if necessary to comply with any applicable legislation and to change the details and conditions published on the Website, without affording notice, provided that this does not materially affect the nature of the O’Brien Icehouse products purchased by you.
9. These Conditions of Sale 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 of Sale should be determined to be void, invalid or otherwise unenforceable, such conditions shall be deemed deleted and the remaining Conditions of Sale shall remain and continue to be valid, binding and enforceable.