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Terms

Terms and Conditions

Using the Up Unlimited PTY LTD facility is undertaken in accordance with the rules and conditions provided in this document and provided by Up Unlimited PTY LTD on site and during safety briefings.

When buying a ticket to climb and participate in associated activities at Up Unlimited PTY LTD you are deemed to have understood and accepted the terms and conditions outlined in the below Waiver which is also displayed at Up Unlimited PTY LTD.

IMPORTANT NOTICE PLEASE READ

Exclusion of liability - waiver of right to sue - your assumption of risk - these conditions affect your legal rights.

Up Unlimited PTY LTD the supplier of recreational services, sells all tickets and supplies all recreational services and facilities to you (the customer) including, but not limited to climbing, equipment rental, the condition, layout, construction, design, maintenance and use of the climbs and surrounds and any other associated sporting activities or similar leisure time pursuits (recreational activities) in the Up Unlimited PTY LTD venue subject to the following conditions:

1. By purchasing a ticket for or by using any of the facilities at the Up Unlimited PTY LTD venue the customer is deemed to agree to these conditions.

2. Up Unlimited PTY LTD, its employees, directors and agents are not liable to the customer, his/her dependants or legal representatives for personal injury or death suffered by the customer because the recreational activities were not supplied with due care and skill or were not reasonably fit for their purpose or because of negligence, breach of contract, statute or statutory duty by Up Unlimited PTY LTD .

3. The customer acknowledges that the recreational activities are dangerous with 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 Up Unlimited PTY LTD for any personal injury or death in any way whatsoever caused by or arising from the customer's participation in such activities.

4. 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 paragraphs 2 and 3 of this sign. NOTE: The change to your rights, as set out in or on this sign, 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 ConsumerLaw & Fair Trading Regulations 2012 and section 23(3)(b) of the Australian Consumer Law & Fair Trading Act 2012.

5. The customer agrees to pay the cost of and authorises Up Unlimited PTY LTD to take all steps it considers reasonably necessary to protect his/her welfare in the event of personal injury, including the administration of any emergency medical treatment and ambulance transportation.

6. Children must be at least 2 years of age to use the facilities at Up Unlimited PTY LTD, and when less than 10 years of age, be supervised by a responsible adult. 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.

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 climbing walls. If in doubt please seek medical advice.

8. While in the Up Unlimited PTY LTD venue you consent to images and video being taken for security or promotional purposes of yourself, your children or of children for whom you are responsible.

9. All tickets remain the property of Up Unlimited PTY LTD and cannot be transferred or resold. They are valid only for the date and time booked and are void if tampered with.

10. The customer must comply with all signs or other directions of Up Unlimited PTY LTD and it may suspend or cancel the customer's access to recreational activities at the Up Unlimited PTY LTD venue in its absolute discretion for non compliance with these conditions, or for reckless or careless conduct.

11. If you purchase a ticket for the use of the harenss and climbing walls, or any other facilities at the Up Unlimited PTY LTD venue on behalf of another person, you agree that you make that purchase as the authorised agent of that person so that he/she will be bound by these conditions.

12. This agreement:

a. is governed by the laws of the State of Victoria, the Courts of which shall have exclusive jurisdiction, and

b. 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.

REFUND POLICY

Can I transfer or receive a refund on my booking?

We do our best to keep you happy – this should be fun!
Bookings are transferrable but not refundable.

If you have a session booking for less than 10 people and phone 24 hours prior to your session date and speak with a Up Unlimited PTY LTD staff member we are happy to transfer the booking to another available date and time for the same type of session – Peak stays in Peak, Non-Peak stays in Non-Peak. For example a non-peak booking (Tues-Thurs 3-7pm) cannot be transferred into a peak time slot (Fri, Sat-Sun 9am-9pm) and vice versa.

If you have a Party Up booking, Group Up booking or Team Up booking it can only be transferred to another time and date with 7 days notice via phone (03 94216600) or email (funup@upunlimited.com.au) and confirmed via email by a Up Unlimited PTY LTD staff member.

DELIVERY NOTICE

If you make a booking through the Up Unlimited PTY LTD website you will receive via email a Booking Confirmation which includes your booking reference, the date and time you have booked for, a description and cost of the services you have booked, your payment method, our address and contract details.

If you feel this information is incorrect or you are unclear as to why you have received this email please advise us by phoning 03 9421 6600 or via email at funup@upunlimited.com.au .