Terms and Conditions
IMPORTANT NOTICE PLEASE READ
The following Rush HQ Terms and Conditions apply to and bind the purchaser of any Rush HQ service or product. Please read this agreement carefully before finalizing your purchases. You agree that a contract for the sale and supply of services is being formed between you and LCIM Trading Pty. Ltd.
This agreement is governed by the laws of the State of Victoria, the Courts of which shall have exclusive jurisdiction, and if any part or provision is determined by a Court to be invalid or unenforceable all other parts and provisions shall still be given full legal force and effect.
- LCIM Trading Pty. Ltd. (ACN 612 232 658) trading as Rush HQ (‘Rush HQ’), 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, climbing and bouldering, use of the running wall, foam pit, air bag, obstacle course, climbing and bouldering equipment, outdoor inflatable waterslides, 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 sporting or leisure time pursuits (‘Recreational Activities’) in the Rush HQ venue subject to the following terms outlined in these Terms and Conditions (‘Conditions’).
- By purchasing a ticket for using any of the facilities at any Rush HQ venue, signing a Rush HQ participant waiver, wearing a wristband supplied by Rush HQ, accepting a discounted, complimentary pass or promotional booking to a Rush HQ venue, or by using any of the facilities at any Rush HQ venue, the Customer agrees to have understood and be bound by these Conditions.
- If you purchase or accept a ticket for the use of Recreational Activities at any Rush HQ venue or any other Rush HQ service or product on behalf of another person or Minor, you and that other person or Minor both agree that you make that purchase as the authorised agent of that other person or Minor so that he or she will be bound by these Conditions.
Inherent Risks and Hazards
IMPORTANT NOTICE – PLEASE READ – EXCLUSION OF LIABILITY – WAIVER OF RIGHT TO SUE YOUR ASSUMPTION OF RISK – THESE CONDITIONS AFFECT YOUR LEGAL RIGHTS
- Rush HQ, its staff, management, directors and agents are not liable to the Customer, your dependents or legal representatives for personal injury or death suffered by the Customer whatsoever 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 Rush HQ.
- 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 Rush HQ for any personal injury or death in any way whatsoever caused by or relating to the Customer’s participation in the Recreational Activities.
- RISK WARNING: The use of trampolines, the running wall, foam pit, air bag, obstacle course, climbing and bouldering equipment, or any other equipment at any Rush HQ venue involves a significant risk of Customers suffering personal injury including the possibility of personal injury or death. All Customers who engage in such Recreational Activities do so at their own risk.
- WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012: Under the Australian Consumer Law (VIC), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you:
- are rendered with due care and skill;
- 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 Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you accept these terms and conditions, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 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 form.
NOTE: 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 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 and Fair Trading Regulations 2012 and section 23(3)(b) of the Australian Consumer Law Fair Trading Act 2012.
- The Customer agrees to pay the cost of and authorizes Rush HQ to take all steps it considers reasonably necessary to ensure the protection of his or her welfare in the event of personal injury, including but not limited to the administration of any emergency medical treatment and ambulance transportation.
Venue Safety Restrictions
- Failure to adhere to these Conditions, any and all of Rush HQ General Safety Rules and Area Specific Safety Rules (displayed on the Rush HQ website and/or at Rush HQ venues), and instructions given by Rush HQ staff may pose a significant risk to Customer’s health and well-being and may result in immediate removal from the Rush HQ venue.
- Customers must not engage in Recreational Activities if they may be pregnant, have broken bones, a heart condition, spinal injury or a pre-existing medical condition that may be exasperated by participating in Recreational Activities. Rush HQ is not responsible for any injuries resulting from or in conjunction with pre-existing medical conditions. If unsure please seek medical advice.
- Rush HQ grip socks must be worn when engaged in Rush HQ Recreational Activities and closed-toed shoes must be worn in the climbing area and on the obstacle course.
- Children must be at least eighteen (18) months of age and be able to walk unassisted to use the facilities at any Rush HQ venue.
- Children twelve (12) years of age or younger must be supervised by a parent, legal guardian, or designated supervisor. 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 while on the premises of any Rush HQ venue, to include explaining all of the Rush HQ safety rules and instructions and ensuring they understand and obey said rules and instructions.
- Minimum and maximum height restrictions apply to all Recreational Activities at Rush HQ, as posted on the Area Specific Safety Rules. Customers 110 cm in height and under, may use the Junior Jumpers area and designated activities only. Customers over 110 cm may use all Recreational Activities, except the Junior Jumpers area and the second level of The Gauntlet obstacle course; you must be over 140 cm in height to access the second level of The Gauntlet. The Junior Jumpers area is strictly restricted to those 110 cm and under to ensure the safety of young children. Use of the activities outside of these restrictions is prohibited.
- The maximum weight per participant can be no greater than 120 kg as dictated by manufacturer specifications. It is advised by Rush HQ that before engaging in any Recreational Activity, a Customer with weight concerns should seek approval from their medical practitioner.
- Customers must be able to fit into all safety equipment, such as safety harnesses, to the satisfaction of Rush HQ staff members. If a Customer is not able to put on the safety equipment or it does not fit properly, the Customer will not be able to participate in the activity.
- External food and drink cannot be consumed on the premises, except for water and birthday cake (bring your own cake fee applies).
- Food and drink may not be consumed while participating in Recreational Activities.
- Upon entering the Rush HQ venue, you agree to protect and hold safe any of your personal belongings. Rush HQ is not held in any way responsible for any articles that may be lost or stolen at a Rush HQ venue.
- While in any Rush HQ venue you consent to images and video being taken for security or promotional purposes of yourself or any Minor.
- Rush HQ reserves the right to suspend a Customer’s access to any Rush HQ venue at its absolute discretion. Customers not complying with these Conditions, any posted Safety Rules, Rush HQ staff member instructions, or engaging in any other reckless, careless, or aggressive behavior deemed unsuitable by Rush HQ will not be tolerated and may result in the immediate removal from the venue.
- The consumption of alcohol or the use of any unlawful drugs or stimulants at Rush HQ venues, as well as attending a Rush HQ venue under the influence of these substances is strictly forbidden.
- Smoking on the premises of any Rush HQ is prohibited.
Pricing and Bookings
- Full payment is required at the time of booking, with the exception of special occasion bookings that require a fifty percent (50%) deposit at the time of booking.
- A fifty percent (50%) deposit is required to secure any party, event, or group booking of twenty (20) people or more. Full payment is required upon the start of the booking.
- Price and availability are subject to change without notice.
- Customers should arrive fifteen (15) minutes prior to the booking time to allow adequate time to check in at reception. Customers may not be able to complete the full jump time if Customers do not arrive on time for the session.
- All bookings start on the hour.
Refunds, Cancellations and Transfers
- Tickets can only be used by the person the ticket was originally purchased for and only for the allocated time and date.
- All tickets remain the property of Rush HQ and cannot be transferred or resold unless otherwise expressly stated by Rush HQ. Tickets are valid only for the date shown and are deemed void if tampered with.
- Bookings are non-refundable and non-transferable, exceptions are made for party bookings
- Cancellation fees and restrictions apply to party bookings as outlined below.
- Rush HQ is notified of party cancellation fifteen (15) days or more in advance – full refund, with charge of $50 administration fee.
- Rush HQ is notified of party cancellation fourteen (14) days or less in advance – Absolutely no refunds will be made.
- Once a party booking is made, due to allocated rooms and staffing, Rush HQ may be able to adjust final party participant numbers, but only within the following brackets: 10 – 19, 20 – 29, 30 – 48.
- Promotions are not available in conjunction with any other offers and are subject to availability.