Terms & Conditions
TERMS AND CONDITIONS
The following conditions of sale (“Conditions”) will apply to and bind the purchaser of any LATITUDE product.
IMPORTANT NOTICE – PLEASE READ
EXCLUSION OF LIABILITY – WAIVER OF RIGHT TO SUE – YOUR ASSUMPTION OF RISK – THESE CONDITIONS AFFECT YOUR LEGAL RIGHTS!
- Latitude Melbourne Operations Pty Ltd (ACN 602 016 795) trading as Latitude as the supplier of recreational services, sells all tickets and supplies all recreational services and facilities to you (“Customer”) including, but not limited to trampolining, trampolining lessons, use of the wall, foam pit, air bag, climbing equipment, 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 Latitude venue subject to the following terms outlined in these Conditions.
- By purchasing a ticket for using any of the facilities at any Latitude venue, including wearing a wristband supplied by Latitude, accepting a discounted or complimentary pass to a Latitude venue, or by using any of the facilities at any Latitude venue, the Customer agrees to have understood and be bound by these Conditions and that these Conditions are deemed to have been signed by the Customer.
- Latitude, 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 Latitude.
- 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 Latitude for any personal injury or death in any way whatsoever caused by or relating to the Customer’s participation in the Recreational Activities.
- The Customer acknowledges that Latitude’s Safety policy and rules are available on Latitude’s website. Latitude’s Safety policy and rules also include the rules and warnings displayed at Latitude venues. The Customer agrees to adhere to the Safety policy and rules and acknowledges that there is significant risk in non-compliance with the Safety policy and rules. Strict adherence to the Safety policy and rules by the Customer is required by Latitude as a term of entry into a Latitude venue.
- RISK WARNING: The use of trampolines, the wall, foam pit, air bag, climbing equipment, the Grid or any other equipment at any Latitude 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 sign this form, 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 authorises Latitude 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.
- Children must be at least eighteen (18) months of age to use the facilities at any Latitude venue and when less than thirteen (13) 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.
- Customers 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 trampolines, the wall, foam pit, bag jump or any other equipment. If unsure please seek medical advice.
- The weight limit for Customers is 120kgs. It is advised by Latitude that before engaging in any Recreational Activity, a Customer with weight concerns should seek approval from their medical practitioner. The minimum height recommended for the activity floor is 110cm or above and Customers less than 110cm tall or under 5 years old are recommended to use the Kids Zone only. Without limiting any of the Conditions, Customers and supervisors of children acknowledge that access to either the Kids Zone or the activity floor outside of these recommendations is at their own risk.
- While in any Latitude 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.
- Upon entering the Latitude venue you agree to protect and hold safe any of your personal belongings. Latitude is not held in any way responsible for any articles that may be lost or stolen at a Latitude venue.
- All tickets remain the property of Latitude and cannot be refunded, transferred or resold unless otherwise expressly provided for by Latitude. They are valid only for the date shown and are deemed void if tampered with.
- A deposit is required to secure a party or event booking, and full payment made prior to your visit. The deposit and the full payment made in advance are non-refundable.
- The Customer must comply with all signs or other directions of Latitude and it may suspend or cancel the Customer’s access to Recreational Activities at any Latitude venue in its absolute discretion for non-compliance with these Conditions, or for reckless or careless conduct, aggressiveness and any other behavior deemed to be unsuitable by Latitude.
- The Customer acknowledges that smoking, the consumption of alcohol (other than alcohol supplied by Latitude) or the use of any unlawful drugs or stimulants at Latitude venues is strictly forbidden and your participation in the Recreational Activities will not be allowed should a member of staff from Latitude consider that you have undertaken these activities at a Latitude venue, or are under the influence of alcohol or unlawful drugs or stimulants. For the avoidance of doubt, no customer is to utilise any Latitude equipment under the influence of alcohol, drugs or any other stimulant.
- If you purchase a ticket for the use of the trampolines or any other equipment or facilities at any Latitude venue on behalf of another person, you and that other person both agree that you make that purchase as the authorised agent of that other person so that he or she will be bound by these Conditions.
- The Customer acknowledges that Latitude grip socks must be worn at all times on the trampolines and other activity areas, and that closed toe shoes must be worn at all times in the climbing area, on the obstacle course and on the Grid..
- The Customer must comply with the height restriction of 125cm tall to use the Performance trampolines, air bag tower, air bag performance trampoline and the Grid.
- The Customer acknowledges that external food and drink cannot be consumed on the premises.
WARNING: If you participate in these activities your rights to sue the supplier under the Australian Consumer Law and 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 on 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 Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
WEBSITE TERMS AND CONDITIONS
www.latitudeair.com ("Latitude Website")
By using the Latitude Website, you are agreeing to be bound by these Website Terms and Conditions.
- The Latitude Website is provided by Latitude Melbourne Operations Pty Ltd (ACN 602 016 795) (Latitude).
- The Latitude Website may provide links to third party websites and the products or services of third parties. Latitude disclaims all responsibility and liability in any way. Your access or use of any third party sites is at your own risk.
- The Latitude Website may from time to time display third party advertisements. Such advertisements or may not contain hyperlinks to third party websites. Latitude does not endorse or recommend the goods or services of such advertisers or their websites.
- Copyright in the Latitude Website is owned by Latitude or its licensors.
- The Latitude Website may contain trademarks or logos of Latitude, other companies, or organisations and these are proprietary to the owner(s) of such marks.
- Latitude may at any time discontinue or limit access to the Latitude Website or its content. Latitude may terminate or limit your access to the to the Latitude Website if you breach these conditions. All disclaimers and limitations of liability by Latitude will survive termination.
- The prices of the Latitude products shall be the prices displayed on the Latitude Website on the date of your order (inclusive of Goods and Services Tax (“GST”) and any other charges which must be mandatorily disclosed under the Competition and Consumer Act 2010 (Cth)).
- All prices displayed on the Latitude Website are quoted in Australian dollars and must be paid in full, except where discounts are offered as detailed on the Latitude Website.
- You may not cancel an order once it has been submitted and paid, even if a confirmation email from Latitude is still pending.
- All online purchases are governed by the Terms and Conditions of the use of the Latitude venues, copies of which are available online and at the venues.
- You acknowledge that despite Latitude’s reasonable precautions, Latitude’s products may be listed at an incorrect price, with incorrect information, or which are unavailable due to an error, unavoidable circumstances, or other oversight. In these circumstances, Latitude reserves the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged.
- If a cancellation occurs in accordance with the clause 11 of these Website Terms and Conditions, after your credit card has been charged for the purchase, Latitude will immediately issue a credit to your credit card account for the amount in question.
- Details of the conditions applicable to the purchase of Latitude products on the Latitude Website may differ from time to time. Latitude reserves the right to make any changes to the details and Website Terms and Conditions if necessary to comply with any applicable legislation and to change the details and conditions published on the Latitude Website, without affording notice, provided that this does not materially affect the nature of the Latitude products purchased by you.
- When you click on the “I Agree” checkbox when purchasing items from the Latitude Website, you agree to these Website Terms and Conditions and the Terms and Conditions of use of the Latitude venues, and Latitude will treat the order as confirmed. You are responsible for ensuring the accuracy of your order. Latitude shall supply you, subject to availability, with Latitude products set out in your order. Latitude shall confirm each order made online via the Latitude Website or by email within two (2) business days.
- When purchasing from the Latitude Website your financial details are passed through a secure server.
- No transmission over the Internet can be guaranteed as totally secure. Whilst Latitude strives to protect such information, it does not warrant and cannot ensure the security of any information, which you transmit to it. Accordingly, any information which you transmit to Latitude, including your credit card details, is transmitted at your own risk and Latitude shall have no liability to you for any financial or consequential loss or damage suffered by you in anyway whatsoever arising out of or related to your use of this website whether due to negligence, breach of contract, statute or statutory duty by Latitude.
- Once Latitude receives your transmission, it will take reasonable steps to preserve the security of such information.
- These Website Terms and Conditions shall be governed by and construed firstly in accordance with the laws of the State of Victoria (the courts of which shall have exclusive jurisdiction) and then in accordance with the laws of the Commonwealth of Australia. If any of these Website Terms and Conditions should be determined to be void, invalid or otherwise unenforceable, such conditions shall be deemed deleted and the remaining Website Terms and Conditions shall remain and continue to be valid, binding and enforceable.