RECREATIONAL ACTIVITY RISK WARNING, ACKNOWLEDGEMENTS, WAIVER AND RELEASE 

NOTE: These terms and conditions affect your legal rights. It is important that you read and understand them. 

Luxton Pty Ltd (ABN: 69 654 264 632) "Service Provider" trading as Aquatastic is the "Service Provider" of Recreational Activities. 

The purpose of this agreement is to limit the liability of the Service Provider, its employees, directors and agents, and to exclude liability for any personal injury or death to the participant in the Recreational Activities. By purchasing a ticket from the Service Provider, you agree that the supply of the Recreational Services and participation by you in the Recreational Activities is subject to the following Terms and Conditions: 

1. Participation in using the inflatables supplied by the Service Provider, involves significant risks including the risk of personal injury or death. Particular injuries include but are not limited to
   
   i) Exposure to the elements such as thunderstorms, currents, tidal changes and high winds
   
   ii) Entanglement with the ropes and or inflatables.
   
   iii) First aid, injury treatment, medical treatment from the Service Provider's employees and or emergency services/partners of the Service Provider.
   
   iv) Collisions with inflatables, other people, the shoreline or other objects.
   
   v) Collisions with inflatables or other objects.
   
   vi) Slips and falls from the inflatables or from other objects.
   
   vii) Equipment failure and or other objects.
   
   viii) Injury caused by marine life or other wildlife.
   
   ix) Collisions with watercraft, man-made objects or debris.
   
   x) Ingestion of fluids or substances supplied by the releasees or any other party.
   
   xi) Capsizing of Aquabikes or injury from Aqua bike use.
   
   xii) Drifting out to sea on Aquabikes.
   
   xiii) Errors in operating, omissions, or negligence from Aquatastic.
   
   xiv) Any mental distress caused by exposure of the above.
   
   xv) Any injury of any type connected in any manner with the Recreational Activities or anything associated with them. 
   
   
2. Before you participate in the Recreational Activities, you should ensure that you are made aware of, and properly understand, all of the risks involved in the Recreational Activities, and that those risks will include any particular risk associated with any health condition or pre-existing disability from which you suffer. 
   
3. By signing this document, you acknowledge, agree and understand that you engage or participate in the Service Providers Recreational Activities voluntarily and at your own risk in full knowledge of the Risks generally and Particular risks described above.
    
4. If signing this document as a parent, guardian or responsible person performing parenting responsibilities, you acknowledge and agree that you have explained to the participant that the waterbased activities supplied by the Service Provider may involve risks generally; and the Particular risks described above.
   
   
5. By signing this document, you also acknowledge, agree and understand that the risk warning above constitutes 'risk warning' for the purposes of the relevant legislation, including for the purposes of: The Civil Liability Act 2002 Western Australia (as amended).
   
   
6. The Competition and Consumer Act, 2010 (Cth) (as amended) permits the Service Provider of the Recreational Activities and associated services to ask you to agree that the statutory guarantees under Australian Consumer Law (Cth) do not apply to you (or a person for whom or on whose behalf you are acquiring the services to engage in the Recreational Activities). 
   
   
7. By signing this document, you agree for the Service Provider to capture and record any image, video or sound of you whilst using the Service Providers facilities. The use of these videos is up to the discretion of the Service Provider.
   
   
8. By signing this document, you acknowledge, agree and understand that, to the full extent permitted by law (including the Competition and Consumer Act 2010 (Cth) as amended):
   
   i) Your rights (or the rights of a person for whom or on whose behalf you are acquiring the services) to sue the service provider, its servant and agents, in relation to the Recreational Activities if the Recreational Activities or associated services were not provided to you in accordance with any express or implied warranty or guarantee that the services will be provided with reasonable care and skill, are excluded, restricted or modified as set out below; and
   
   ii) You (or the rights of a person for whom or on whose behalf you are acquiring the services) release the Service Provider, its servant and agents, from all liability for a failure to comply with any express or implied warranty or guarantee that the services will be provided with reasonable care and skill.
   
   iii) You (or the rights of a person for whom or on whose behalf you are acquiring the services)
   
   
9. By signing this document, you acknowledge, agree and understand that, to the full extent permitted by law, the liability of the Service Provider in relation to recreational services and activities (as that term is defined in the Australian Consumer Law (Cth) and any similar state laws) for any:
   
   i) Death;
   
   ii) Physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
   
   iii) The contraction, aggravation or acceleration of a disease;
   
   4. The coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
   i) That is or may be harmful or disadvantageous to you or the community;
   ii) That may result in harm or disadvantage to you or the community;
   iii) That may be suffered by you (or a person for whom or in whose behalf you are acquiring the services) resulting from the supply of recreational services or recreational activities is excluded. 
   
   
10. By signing this document, to the full extent permitted by law, you (or the person for whom or on whose behalf you are acquiring the services) agree to waive and/or release the Service Provider, its servants and agents, from any claim, right or cause of action which you or your heirs, successors, executors, administrators, agents and assigns might otherwise have against the Service Provider, its servant and agents, for or arising out of your death or physical or mental injury, disease, virus, loss and damage, or economic loss of any description whatsoever which you may suffer or sustain in the course of or consequential upon or incidental to or indirectly from your participation in the Recreational Activities, whether caused by the negligence of the Service Provider, its servant and agents, or otherwise. 
    
    
11. By signing this document, you acknowledge, agree and understand that:
    
    i) The Service Provider will allow you to participate in the Recreational Activities, and provide you with the associated service, in part in consideration of you signing this document;
    
    ii) The Service Provider may rely on this document in any proceedings commenced in any court by me or by my heirs, executers and assigns;
    
    iii) The laws of Western Australia govern this document.
    
    
12. You do not have to agree to exclude, restrict or modify or waive your rights against, or release, the Service Provider, its servants and agents, from any claims by signing this document, however the Service Provider may refuse to allow you to participate in the Recreational Activities, or to provide you with the associated services, if you do not agree to exclude, restrict modify or waive your rights against, or release, the Service Provider, its servants and agents, by signing this document. Even if you sign this document, you may still have further legal rights.
    
    
13. By signing this document, you agree that the waivers and releases contained in this document apply for every visit you make to the Service Provider until such time as you withdraw or modify your consent in writing or the Service Provider modifies these terms with your consent by signing a new document.

DEFINITIONS 

"Recreational Activities" means using the obstacles supplied by the Service Provider and using its facilities, equipment or area for any other purpose, or any occurrence on the wider Service Provider premises. "Participant" means the person who is using or entering the water park. "Service Provider" means Luxton Pty Ltd (ABN: 69 654 264 632) trading as AQUATASTIC or any of its respective successors in interest, insurance providers, agents, employees, contractors, representatives, officers, directors, members, or shareholders. 

CONDITIONS OF ENTRY 

You must follow all instructions from the Service Providers staff or be escorted out of the park. You may also be refused entry in the future. This will ensure all patrons can have a good time and they remain safe.

I agree that, during my visit, I am not under the influence of alcohol or any other drug that will impede my ability to participate on the inflatables at Aquatastic.

I, the participant and or legal guardian of the participant, understand that I am only permitted to use the Service Provider's park under the following stipulations: 

• All participants are in good health with no pre-existing medical conditions that affect their ability to safely go on the Recreational Activities. 
  
• It is compulsory for all patrons to wear a securely fitted buoyancy aid at all times whilst participating in any on-water activities 
  
• All patrons must be able to swim.
  
• All children aged under 16 years of age must have a parent or legal guardian sign their waiver. Children aged 4-9 years old must be accompanied by a paying adult (maximum 4 children to 1 adult). Children aged 10-14 can use the inflatables unaccompanied however must have a supervising adult on site at all times. Children 14 and over can use the inflatables unaccompanied however a waiver signed by a parent or legal guardian
  
• No more than 1 person to be allowed to ride on a waterslide at any one time. 
  
• The obstacles are slippery so you should take care and use caution.
  
• Under no circumstances should you swim under the water park inflatables. 
  
• Never dive headfirst in the water from an obstacle.
  
• No rough play, pushing or fighting whilst on the equipment.
  
• Do not climb when there is someone above you. They can possibly slip and cause injury to you or themselves.
  
• You should not slide down obstacles with handles attached
  
• You authorise the Service Providers staff to administer First Aid treatment or call for medical assistance if deemed necessary. You agree to pay for all costs related to this medical care or any assisted transportation.
  
• Please ensure small children are given right of way on the inflatables.
  
• Ensure water and landing area is clear of any other participant before jumping or sliding into the water.
  
• Under no circumstances should you be intoxicated by alcohol or drugs of any kind. If you are suspected of being under the influence of alcohol or drugs, you will be refused entry into the park.
  
• Please remove any jewellery such as rings, bracelets, watches. This is dangerous for you and can affect the equipment.
  
• No food, drink, chewing gum or smoking shall be allowed on the inflatables.
  
• We recommend the use of sunscreen and other UV protections and is the responsibly of the patron.
  
• You must always follow the instructions of staff members.
  
• If you fail to follow the rules, or behave in an inappropriate manner and it is sufficient enough to affect other patrons or endanger yourself or others, you will be removed from the Service Providers park and no refund will be issued.
  
• Under no circumstance do we offer refunds of tickets.
  
• You understand the voucher policy
  

FOR THE PURCHASER/PARTICIPANT 

I have had sufficient opportunity to read this agreement and fully understand its terms. 

By purchasing a ticket to use the Service Providers water inflatables for yourself or on behalf of another person, you and that other person both understand, agree on and are bound by the above terms and conditions.

Please enter your legal name as it appears on your passport.

Waiver to be signed for the attendee's legal guardian only (if under 16).

Please select who will be participating: