Kool Space Terms and Conditions of Entry

Kool Space Indoor Playcentre & Café (Kool Space) is owned and operated by Shing Long Pty Ltd.

Definitions

The following definitions apply to these Terms and Conditions of Entry:

General

Kool Space is the supplier of recreational and entertainment services and facilities, including but not limited to the Facilities at the Premises.

The rules and conditions provided in these Terms and any safety briefings provided by Kool Space direct your use of our Facilities. Please take time to read these Terms which apply to you as a condition of entry:

1. You agree to be bound by the Terms, including on behalf of any children under your responsibility as a Responsible Adult.
2. Children must be at least 1 year of age to use the Play Equipment and must only be permitted to use age-appropriate zones (as designated by signage or as otherwise instructed by Staff). You agree that as the Responsible Adult you have the capacity to and will actively supervise children at all times when attending and using the Facilities.
3. Kool Space welcomes all visitors, including Participants using wheelchairs or mobility aids. You acknowledge that by using the Facilities that you have adequately and appropriately provided for any special needs, health concerns or medical conditions in consultation with a medical practitioner. If in doubt, please seek medical advice.

4. By using the Facilities, Participants agree to the following safety rules:

   1. Shoes must not be worn on the Play Equipment or around the Play Equipment.
   2. Socks must be worn when using the Play Equipment or supervising children in or around the Play Equipment. Socks are available for purchase at our Premises.
   3. Safety signage and any directions provided by Kool Space Staff must be followed at all times.
   4. Except where permitted by these Terms, no outside food or drink (except for clear water bottles) are permitted to be brought into the Premises to ensure food safety and hygiene with the sole exception of infant formula.
   5. Food and drink (as permitted in these Terms) is to be consumed in designated seating areas and must not be brought on or around the Play Equipment.
   6. No alcohol or smoking (including e-cigarettes) is permitted at our Premises.
   7. Staff may request to inspect any bags or water bottles at their discretion to ensure compliance with the safety rules.
5. Non-compliance with these Terms, reckless or careless conduct may result in suspending or cancelling the Participant's access to our Facilities at the sole discretion of Kool Space (or our Staff).
6. Participants are advised to keep personal items safe. Kool Space is not responsible for lost, stolen, or damaged personal belongings brought onto the Premises by Participants. You agree to indemnify Kool Space for any loss or damage to Facilities arising from the use or possession of such property by you.
7. You assume all responsibility for food allergy risks associated with purchasing food from the Café and/or with ordering party food as part of Party Bookings. We cannot guarantee complete allergen labelling or the prevention of cross-contamination.
8. Kool Space will provide basic first-aid equipment but does not assume any professional medical responsibility. In the event a Participant is involved in a medical emergency, Kool Space can act and incur expenditure as it considers necessary such as the administration of any emergency medical treatment and ambulance transportation. You agree to indemnify Kool Space for the cost of any such treatment or action taken.
9. In the event of a fire or other emergency, Participants are required to follow Staff instructions and evacuate in an orderly manner.
10. These Terms are governed by the laws of the State of Victoria, the courts of which shall have exclusive jurisdiction. 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.

Privacy

11. Kool Space operates CCTV on the Premises which may be used or disclosed for safety and security purposes as a condition of entry.
12. While on the Premises, photos and videos may be taken for promotional or for a specific activity in which you are participating. If you do not wish to be recorded for, please inform Staff in advance. Whilst every effort will be taken to manage your request, we cannot guarantee that you will not be captured in group photos or videos.
13. We may contact you from time to time for Participant experience feedback and future marketing. You can opt out at any time by unsubscribing to our emails or contact us at info@koolspace.com.au.

Assumption of Risk and Waiver of Liability

14. You acknowledge that the recreational services provided by Kool Space, including but not limited to the Play Equipment, have inherent risks and hazards (including falls, collisions, minor injuries) and by attending and using the Facilities, you agree to accept all such risks.
15. To the extent permitted by law and subject to clause 42, you hereby waive the right to sue Kool Space for any personal injury or death in any way whatsoever caused by or arising from participation in such recreational services.

16. WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012

    If you use the Facilities, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 are excluded, restricted or modified in the way set out in this form, if you are killed or injured because the services provided were not in accordance with the statutory guarantees outlined below.

    Under the Australian Consumer Law (Victoria), 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; and
    • 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 exclusion of these statutory guarantees is brought to your attention by 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 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.