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Pixie Play Café – General Waiver & Conditions of Entry

ABN: 58448660457
3/21 Karoonda Close, Rathmines NSW 2283

CONDITIONS OF SALE

NOTICE TO USER: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ENTERING THE PREMISES OR USING OUR SERVICES.
By signing this form, you confirm that you have read, understood, and agreed to these conditions. If you are signing on behalf of a child or another person, you acknowledge that you are doing so as their parent, guardian, or carer.

Definitions:

  • “The Service Provider” refers to Pixie Play Café, including its heirs, executors, and assigns. Pixie Play Café is a supplier for the purposes of the Competition and Consumer Act 2010 (Cth).
  • “You” refers to the individual signing this form, as well as any person for whom or on whose behalf the form is signed, including their heirs, executors, and assigns.
  • “Recreational Activities” include, but are not limited to, soft play, sensory play, climbing, sliding, jumping, running, and other play or leisure activities provided by Pixie Play Café.

RISK WARNING

By signing this document, you acknowledge, understand, and agree that:
  1. The Recreational Activities provided by Pixie Play Café are undertaken for enjoyment, leisure, and relaxation and constitute “recreational activities” under Section 5K of the Civil Liability Act 2002 (NSW).
  2. Participation in Recreational Activities involves risks, including the risk of personal injury or death. Risks may include, but are not limited to:
    These are collectively referred to as “the risks.”
    • slips, trips, or falls;
    • collisions with play equipment, walls, or other participants;
    • sprains, bruises, or broken bones;
    • concussion or head injury;
    • friction burns or abrasions;
    • serious injury to the neck, spine, or brain;
    • paralysis; and
    • death.
  3. Additional risks may arise due to health conditions, including pregnancy.
  4. You are aware of and understand all risks associated with the Recreational Activities, including those specific to any medical condition you or your child may have. Responsibility for seeking medical help, including calling an ambulance, rests with the customer.
  5. Despite all reasonable safety measures taken by Pixie Play Café, participation involves inherent risk under Section 5I of the Civil Liability Act 2002 (NSW).
  6. By signing, you freely and voluntarily accept and assume all such risks.
  7. Participants must be in good health and free from conditions that may be aggravated by participation. For safety reasons, pregnant women, individuals with casts, or those with pre-existing health issues should not participate without medical clearance.
  8. You (the signatory) declare that you are:
    • 18 years or older; or
    • a parent/guardian of a child under 18; or
    • a responsible adult supervising a child under 18; or
    • a responsible adult supervising a participant with a physical or mental disability who may not understand this risk warning.
  9. The information you provide is true and correct, and Pixie Play Café is entitled to rely on it.

RISK WAIVER

  1. Under the Australian Consumer Law, certain guarantees apply to services, including that they are delivered with due care and skill and are fit for their intended purpose.
  2. However, under section 139A of the Competition and Consumer Act 2010 (Cth) and section 5N of the Civil Liability Act 2002 (NSW), Pixie Play Café may ask you to agree that these guarantees do not apply to you.
  3. By signing this waiver, you agree that your rights to sue Pixie Play Café under these guarantees are excluded, restricted, or modified as set out herein.
  4. This exclusion does not apply in cases of gross negligence by Pixie Play Café.
By signing this document, you acknowledge, understand, and agree:
  1. To release Pixie Play Café, to the fullest extent permitted by law, from all liability for personal injury or death caused by failure to comply with any express or implied guarantee that services will be provided with due care and skill.
  2. That Pixie Play Café is not liable for:
  • death;
  • physical or mental injury (including aggravation of a pre-existing condition); or
  • contraction or worsening of a disease or condition;
    resulting from your participation in Recreational Activities, except where prohibited by law.
    1. To waive and release Pixie Play Café from any claim, right, or cause of action you may otherwise have for personal injury, death, or disease, whether caused by negligence or otherwise.
    2. Pixie Play Café will only permit participation subject to this signed waiver, and may rely on it in legal proceedings. The agreement is governed by the laws of New South Wales and the Commonwealth of Australia.
    3. You are signing this form freely and voluntarily. If you do not sign, Pixie Play Café may refuse entry.
    4. This waiver applies for every visit to Pixie Play Café unless withdrawn in writing or replaced by a new signed agreement.

CONDITIONS OF ENTRY

  1. You have read all safety warnings displayed in the venue.
  2. You agree to follow all safety rules and acknowledge that failure to do so may result in injury, death, or removal from the premises.
  3. You agree that you are not under the influence of alcohol, drugs, or other substances.
  4. You must follow all instructions from Pixie Play Café staff at all times. Failure to comply may result in removal without refund.
  5. Children under 16 must always be supervised by a responsible adult. Parents/guardians agree to these conditions on behalf of their children. Supervisors are required to read all posted safety signage.
  6. All entry tickets remain the property of Pixie Play Café and cannot be refunded, resold, or transferred. Tickets are valid only for the date shown and are void if altered.
  7. From time to time, photos or video may be taken for promotional purposes and may include your image. By signing, you consent to this use unless you notify Pixie Play Café in writing. Security cameras may operate throughout the premises for safety.
  8. Food Allergies: Pixie Play Café takes food safety seriously and will clearly display allergen information on all food & drinks. However, a self-service section (such as frozen yoghurt toppings) is available within the venue. Parents/guardians are solely responsible for supervising their children when serving from this section and ensuring children do not self-serve without supervision. Pixie Play Café accepts no responsibility or liability for allergic reactions where allergens/ingredients have been clearly noted.
Acknowledgement & Consent Checkboxes before signature line:

DECLARATION, INDEMNITY & SIGNATURE - Type your name below and or sign the signature box.

28. You confirm the information you provide is true and correct. If not, Pixie Play Café is released from any related liability.
29. If signing on behalf of a child or dependent, you agree to indemnify Pixie Play Café against any liability, damage, or loss arising from their participation.
Type your name to agree to the terms.
Clear Signature