Conditions of Entry

Definitions

For the purpose of this document the following definitions apply:

The Service Provider means Viking Performance Lab Pty Ltd, ABN 78 686 907 700, Building C, 396 Lane Cove Road, Macquarie Park NSW 2113, trading as Viking Performance Lab, including its heirs, executors and assigns. The Service Provider is a 'supplier' for the purpose of the Competition and Consumer Act 2010 (Cth).

You means the person signing the document, including any person for whom or on whose behalf the document is signed, their heirs, executors and assigns. You are a consumer for the purpose of the Competition and Consumer Act 2010 (Cth).

Recreational Activities means activities supplied by the Service Provider including, but not limited to puck shooting, use of RapidShot (automated passer), skating on synthetic ice, stick handling, small area competitive games, strength and agility training, use of skate treadmill.

Risk warning

By signing this document you acknowledge, understand, and agree that:

1. The Recreational Activities supplied by the Service Provider are engaged in for the purpose of enjoyment, relaxation, or leisure and constitutes a 'recreational activity' for the purposes of the relevant legislation, including for the purpose of Section 5K of the Civil Liability Act 2002 (NSW).
2. Participation in the Viking Performance Lab skate treadmill and synthetic ice areas including the Recreational Activities supplied by the Service Provider involves risks, including the risk of personal injury and death. Particular risks include:
   • slipping, falling, landing on hard and/or non-deflective surfaces, landing improperly, making contact with walls and surrounds; causing
   • twists, sprains, broken bones, bruising, and/or physical injury;
   • concussion;
   • friction burns;
   • serious physical injury;
   • head and brain injury;
   • neck injury;
   • spinal Injury;
   • paralysis; and
   • death;
   collectively referred to as 'the risks'.
3. In addition to the risks in paragraph 2, there are further risks which may arise due to any health condition you may have, including if you are pregnant.
4. You are aware of and understand all the risks involved in the Recreational Activities both generally, and as particularly referred to in paragraphs 2, including those risks specifically arising from any health condition you may have. The responsibility of calling an ambulance lies with the customer.
5. Participation in the Recreational Activities involve the risks, despite the Service Provider taking all reasonable care, and as such the risks constitute 'inherent risk' for the purposes of the relevant legislation, including for the purpose of Section 5I of the Civil Liability Act 2002 (NSW).
6. Having fully acknowledged and understood the risks, you freely and voluntarily participate in the Recreational Activities at your own risk.
7. Participants must be in good health and free from any adverse medical conditions. For safety reasons, pregnant women, customers with pre-existing health issues or wearing casts are not permitted on the skate treadmill and synthetic ice areas, or any other apparatus. If in doubt, please seek medical advice prior to booking a session at the Centre.
8. You (in this clause meaning the person signing this document) are:
   • 18 years old or over; or
   • a parent or guardian of a child under the age of 18 participating in the Recreational Activities; or
   • a person accompanying a child under the age of 18, for whom you have control and who is participating in the Recreational Activities; or
   • a person accompanying, and in control of, a person who is participating in the Recreational Activities and who, due to a physical or mental disability lacks the capacity to understand this risk warning.
9. The information you have provided to the Service Provider both in this document and elsewhere is true and correct and you acknowledge that the Service Provider is entitled to rely on the information provided by, or representations made by you, in respect of any discharge of liability.

Risk waiver

10. Under the Australian Consumer Law several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the Service Provider is required to ensure that the recreational services it supplies to you (the Recreational Activities) —
    • 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.
11. Under section 139A of the Competition and Consumer Act 2010 (Cth) and section 5N of the Civil Liability Act 2002 (NSW), the Service Provider is entitled to ask you to agree that the statutory guarantees referred to in paragraph 10 do not apply to you.
12. If you sign this form, you will be agreeing that your rights to sue the Service Provider under the Competition and Consumer Act 2010 (Cth), 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.
13. If you sign this form, under section 5N of the Civil Liability Act 2002 (NSW) you will be agreeing that your rights to sue the Service Provider, because the services provided were not in accordance with any express or implied warranty that the services provided will be rendered with reasonable care and skill, 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.

By signing this document you acknowledge, understand, and agree:

14. To waive and/or release the Service Provider, to the full extent permitted by law, from all liability in respect of any claim for personal injury or death, for a failure to comply with any express or implied warranty or guarantee that the services will be provided with reasonable care and skill.
15. That the liability of the Service Provider for any:
    • death;
    • physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); and
    • the contraction, aggravation or acceleration of a disease or condition;
    that may be suffered by you as a result of the supply of recreational services (as defined by the Competition and Consumer Act 2010 (Cth)) and Recreational Activities is excluded, to the full extent permitted by law.
16. To waive and/or release the Service Provider from any claim, right or cause of action which you might otherwise have against the Service Provider, for or arising out of your death or physical or mental injury, disease, which you may suffer or sustain in the course of or consequential upon or incidental to your participation in the Recreational Activities, whether caused by the negligence of the Service Provider, or otherwise.
17. The Service Provider:
    • will permit you to participate in the Recreational Activities, and provide you with the associated services, subject to you signing this document; and
    • may rely on this document in any proceedings commenced in NSW Court by you; and you understand that the laws of the Commonwealth and the State of New South Wales govern this document.
18. You are signing this document freely and voluntarily with the knowledge that you do not have to agree to the terms of it. However, if you do not sign this document, the Service Provider may refuse to allow you to participate in the Recreational Activities.
19. You are bound by the terms of this agreement and understand that the terms and waivers apply to you for every visit you make to the Service Provider until such time:
    • you withdraw your consent in writing; or
    • you modify this agreement by signing a new document.

Conditions of entry

20. You have read the safety instructions/warnings annexed to this document, as well as displayed throughout the premises at which the Recreational Activities are supplied.
21. You agree to adhere to all safety instructions and acknowledge that failure to do so may result in personal injury, death, and the risks referred to in paragraph 2.
22. You agree that you are not intoxicated or have alcohol in your system, and that you are not under the influence of drugs or other substances and acknowledge that your failure to adhere to this paragraph may result in an unsafe environment and may result in your personal injury, death, and/or the risks referred to in paragraph 2.
23. You must abide by the instructions of the Service Provider's staff at all times, or you may be removed from the premises and refused entry. This is to ensure safety and enjoyment for all participants engaged in the Recreational Activities. Your entry into the premises of the Service Provider is on strict condition that you comply with the safety and other general instructions given by the Service Provider's You will not be given a refund for any unused purchases should you be removed from the premises.
24. Children aged 16 years and under must be supervised by a responsible adult. If you are responsible for such children, you agree to be bound by these conditions on their behalf and must directly supervise them at all times. Parents and supervisors are required to read all the safety signs within the Centre.
25. On occasion, promotional video or photographs may be used by the Service Provider which may include your image whilst being engaged in Recreational Activities. By signing this document you consent to this use unless you specifically request in writing that your image not be used for this purpose. You acknowledge that security video is used on the public areas of premises of the Service Provider and consent to this use for security and safety purposes.

Declaration, indemnity, and signature

29. You acknowledge, agree, and understand that the information you have provided is true and correct and to the extent that it is not, the Service Provider is released of any liability in respect of any claim, right or cause of action arising out of personal injury or death, which you or your heirs, successors, executors administrators, agents and assigns might otherwise have against the Service Provider.
30. If you are the parent, guardian, or other adult accompanying and in control of a person under the age of 18 who is participating in the Recreational Activities ('the child') and you are signing this document on behalf of, or as an agent of, the child, you agree to indemnify the Service Provider against any liability, damage, or loss in respect of any claim, right or cause of action which the child, or their heirs, successors, executors administrators, agents and assigns might otherwise have against the Service Provider.

How you accept this

This document is accepted online. Ticking “I have read and agree to the Conditions of Entry” at checkout is your electronic signature and confirms your agreement to everything above, in place of a handwritten signature. We record the date and time of your agreement against your booking.