Terms and Conditions
CONDITIONS OF ENTRY
General 1. Your entry to Springvale Indoor Sports (including the car park) located at 456 Springvale Road (Venue),is subject to these terms and conditions of entry, as amended from time to time (Conditions). A copy of these Conditions is posted at the entrances to the Venue, and is available from https://www.springvaleindoorsports.com.au/terms
2. It is your responsibility to inform yourself of these Conditions. By entering the Venue,you are deemed to have accepted and understood as binding on you these Conditions and any accompanying risks, obligations and responsibilities.
3. A reference to Venue in these Conditions means and includes any fixtures, fittings, buildings, improvements and chattels at or in the Venue. Conditions of Entry
4. Springvale Indoor Sports reserves the right to refuse entry to or remove any person from the Venue.
5. Unaccompanied children under 10 years of age are not permitted entry to the Venue unless accompanied by a person at least 16 years of age, or where participating in an official program run by Springvale Indoor Sports. If you bring children under 18 years of age to the Venue, you are responsible for the care, conduct and supervision of those children at all times and must keep those children within your sight at all times.
6. Springvale Indoor Sports prohibits certain goods from being brought into the Venue. A current list of these goods is listed in the attachment headed “Prohibited Goods”. Springvale Indoor Sports reserves the right to add to or change this list at any time.
7. Springvale Indoor Sports prohibits certain behaviour, conduct and activities at the Venue. A current list of the prohibited behaviour, conduct and activities is listed in the attachment headed “Prohibited Behaviour “. Springvale Indoor Sports reserves the right to add to or change this list at any time.
8. You must immediately comply with all laws and any reasonable directions given to you by Springvale Indoor Sports or its representatives, including any emergency evacuation procedure or any other occupational health and safety requirement. Springvale Indoor Sports may search you and any goods in your possession or control to determine whether you have complied with clause 6.
9. You are responsible for your own property (including, without limitation, any motor vehicle) and Springvale Indoor Sports will not be liable for loss, damage to or theft of any property brought to the Venue.
Public health and safety measures
10. Springvale Indoor Sports reserves the right, at any time in its absolute discretion, to: (a) close the Venue, notwithstanding any previously advertised Venue opening times; (b) implement social distancing requirements; (c) change the way or method patrons are permitted to use the Venue or particular facilities within the Venue, such as limiting the number of people in individual areas; and/or (d) impose any other measures or directives it considers necessary, to comply with any government directives or advice, including under Victorian Government Restricted Activities Guidelines, and/or for public health and/or safety reasons.
11. Measures implemented under clause 10 will be notified to Venue patrons by signage and/or such other methods of notification deemed sufficient by Springvale Indoor Sports in its absolute discretion.
12. Patrons must at all times comply with any requirements or measures adopted by Springvale Indoor Sports under clause 10.
Food and beverages
13. Food and beverages are prohibited from any field of play, game or sport surface area within the Venue, except water within a designated bottle.
14. It is unlawful for persons under 18 years of age to purchase alcohol, and minors are prohibited at all times from doing so at the Venue.
Use of equipment and facilities
15. No tape, powder, chemical or other item or product may be installed, applied, or adhered to any field of play, game or sport surface, or to any equipment, within the Venue without the prior written approval of Springvale Indoor Sports or its authorised representatives. You indemnify and keep indemnified Springvale Indoor Sports for any damage or defacement of any field of play, game or sport surface, or any equipment within the Venue, caused directly or indirectly by your use or breach of these Conditions.
16. Runners or Indoor Shoes must be worn at all times whilst on court. Studded or Metal Boots are not allowed to be worn on court surfaces at any time. Patrons must be suitably and appropriately attired at all times while within the Venue.
Conditions of Booking/Ticketing (Space Jump/Dodgem Cars and Sports Programs)
17. No Space Jump admission tickets will be issued until full payment is received and all funds cleared. Springvale Indoor Sports does not accept any responsibility for lost or stolen admission tickets. You must keep a record of the printed number on each ticket.
18. For all tickets you receive or purchase, you must comply, and ensure that each subsequent holder of the tickets complies with these Conditions. Springvale Indoor Sports will refuse entry on presentation of photocopied tickets, unless this is in accordance with an Springvale Indoor Sports-approved arrangement for the distribution of tickets.
19. In the event that duplicate copies of tickets are detected, Springvale Indoor Sports reserves the right to refuse entry to all. If you obtain a ticket other than from Springvale Indoor Sports or its partners, your ticket may be counterfeit. You may be refused entry to, or removed from, the Venue where you are in possession of a counterfeit ticket.
20. You are not permitted to sell or on-sell your ticket (by any means) without the prior written approval of Springvale Indoor Sports, including but not limited to use for advertising, promotion or other commercial purposes, such as giveaways, trade promotions or competitions. The holder of a ticket which has been offered for re-sale, or which has been purchased by way of on-sale without Springvale Indoor Sports’s approval, may be refused entry or removed from the Venue. Cancellation, Refund Policy & Conditions
21. The schedule for any event held at the Venue (Event) and the proposed format for its conduct are subject to change. If you experience a change in personal circumstances and are unable to attend an Event, you will not receive a refund unless approved by management.
Subject to this clause and except to the extent required by law, tickets to are non-refundable. If requested, Springvale Indoor Sports may provide you with a refund. This will be determined at Springvale Indoor Sports’s sole discretion on a case by case basis and only if reasonable notice is provided.
22. In some cases, Springvale Indoor Sports (in its sole discretion) may require proof of purchase.
Risk warning and waiver
23. Your participation in any physical activity at the Venue, including but not limited to the use or enjoyment of any facilities or equipment at or within the Venue (Physical Activities) is dangerous. You acknowledge that you are exposed to certain risks during any participation in Physical Activities at the Venue, including but not limited to physical or mental injury, other participants acting dangerously or with lack of skill, and that accidents can and often do happen.
24. Waiver: A supplier of recreational services or recreational activities may ask you to agree that the statutory guarantees under the Australian Consumer Law (which is Schedule 2 to the Competition and Consumer Act 2010 (Cth)) do not apply to you (or a person for whom or on whose behalf you are acquiring the services or activities). If you agree to these Conditions, you will be agreeing that your rights (or the rights of a person for whom or on whose behalf you are acquiring the recreational services or recreational activities) to sue the supplier in relation to recreational services or recreational activities that you undertake because the recreational services or recreational activities provided were not in accordance with the guarantees are excluded, restricted or modified as set out below.
25. For recreational services or recreational activities to which the Australian Consumer Law (Commonwealth) applies: By agreeing to these Conditions, you agree that the liability of Springvale Indoor Sports in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) for any: (a) death; (b) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (c) the contraction, aggravation or acceleration of a disease; (d) 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; or (ii) that may result in harm or disadvantage to you or the community, that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services or recreational activities, is excluded and the application of any express or implied term that any services will be provided with due care and skill is hereby excluded.
26. For recreational services to which the Australian Consumer Law (Victoria) applies: Warning under the Australian Consumer Law and Fair Trading Act 2012: Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that Springvale Indoor Sports is required to ensure that the recreational services it supplies to you: (a) are rendered with due care and skill; and (b) are reasonably fit for any purpose which you either expressly or by implication, make known to the supplier; and (c) might reasonably be expected to achieve any result you have made known to the supplier.
28. Australian Consumer Law and Fair Trading Act 2012 (Vic), the supplier is entitled to ask you to agree that these conditions do not apply to you. If you agree to these Conditions, 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 were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in these Conditions. Note: The change to your rights, as set out in these Conditions, 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 (Vic) and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012 (Vic). Exclusion of rights under the Australian Consumer Law (Victoria): By agreeing to these Conditions, you agree that the liability of Springvale Indoor Sports for any death or personal injury (as defined in the Australian Consumer Law and Fair Trading Act 2012) that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services is excluded.
Liability and Indemnity
29. You indemnify and agree to keep indemnified Springvale Indoor Sports and its employees, contractors and agents against any liability for any claim, loss (including pure economic loss), damage, costs and expenses arising from your acts or omissions at the Venue. 30. Under no circumstances whatsoever will Springvale Indoor Sports accept liability for any loss suffered by you as a result of the cancellation or postponement of any Event held at the Venue or for any expectation damages associated with your attendance at the Venue, including without limitation, damages on the basis of loss of chance or opportunity. Use of Images and Material created at the Venue
30. You acknowledge that you may be filmed, televised, photographed and otherwise recorded by Springvale Indoor Sports and its authorised representatives while at the Venue. Springvale Indoor Sports owns all rights in these images and material, including without limitation intellectual property rights, and has the right to reproduce, use or license the use of these images and material as it sees fit without your further approval being required.
31. A person may only take images of activities at the Venue for personal use and must not make available any images for public advertisement, display, commercial exploitation, sale, broadcasting, or distribution by any person by any means without Springvale Indoor Sports’s prior written approval, which may be withheld or subject to conditions (including the payment of money) at Springvale Indoor Sports’s absolute discretion.
32. Where Springvale Indoor Sports reasonably suspects images are being taken for non-personal use, the person taking the images may be liable to immediate removal from the Venue at the direction of Springvale Indoor Sports.
33. You acknowledge and agree that any video recordings, films, still pictures, photographs or any other images taken by you at or in the Venue that breach these Conditions: (a) must not be publicly or privately uploaded to any internet website, social media page or any other forum; and (b) must be immediately destroyed and may be destroyed by Springvale Indoor Sports or its authorised representatives in its or their sole and absolute discretion.
34. You acknowledge and agree that you consent to: (a) Springvale Indoor Sports pleading this clause of the Conditions as a bar to the conduct specified, any and all attempts by Springvale Indoor Sports to have any offending video recordings, films, still pictures, photographs or other images removed from any place of publication, including but not limited to public and private social media pages.
Breach of Condition
35. Springvale Indoor Sports may prohibit you from entering or expel you from the Venue using reasonable force if it considers you are in breach of a Condition or if it considers that you are intoxicated or under the influence of illicit substances, in possession of a prohibited substance or acting in a manner detrimental to the enjoyment of other patrons.
36. Springvale Indoor Sports reserves the right in its sole discretion, without otherwise limiting the rights available to it under these Conditions or at law, to: (a) prohibit entry to the Venue to ensure compliance with these Conditions; (b) expel you from the Venue; (c) search any person to determine whether you have a prohibited good and require you to surrender and confiscate any goods in contravention of these Conditions and retain or dispose of such goods; (d) confiscate or cancel your admission ticket without refund; (e) report you to an appropriate law enforcement body; and (f) impose any other lawful penalty it deems appropriate.
Unauthorised Promotion
37. You must not, without the written authorisation of Springvale Indoor Sports, represent in any way, including by advertising material, statement or inference, that: (a) you are a sponsor or affiliate of, or in any other way connected with, the Event or a feature race; and (b) Springvale Indoor Sports has approved of, or supports in any other way, any goods or services offered for sale or supply by you.
38. If Springvale Indoor Sports reasonably believes that any advertising material that has been brought into the Venue or is displayed in or at the Venue makes a representation in contravention of this clause, Springvale Indoor Sports or its authorised representatives may: (a) remove, obliterate, conceal or dispose of the advertising material; or (b) direct a person whom Springvale Indoor Sports reasonably believes is responsible for bringing in or displaying the advertising material to do any of the things specified in subclause (a).
Use of Venue
39. You must observe and comply with the rules and etiquette of any individual facility within the Venue (Facility) at all times, as set out in Schedule 4.
General
40. You acknowledge and agree that any part of these Conditions that contravenes the law of Victoria or Australia will not be enforceable, but that such conditions (or parts thereof) are severable and do not invalidate the remaining clauses of these Conditions.
41. These Conditions are governed by the laws of the State of Victoria, Australia and you agree to submit to the exclusive jurisdiction of the courts of Victoria.
Prohibited Goods
Liquor or any alcoholic beverages, Glass objects, Firearms, knives or any other implement that may be used as a weapon or used in a way which affects the safety of those in the Venue, damages property, or interferes with the comfort of patrons at the Venue
A “dangerous article”, “prohibited weapon” or “controlled weapon” each within the meaning of those terms as defined in the Control of Weapons Act 1990 (Vic) 8. flares, distress signals including pyrotechnic devices, rockets and smoke generators 9. or other explosives or flammable good or equipment.
Laser lights or laser pointers, drones or similar unmanned aerial vehicles or surveillance devices. rollerblades, skateboards, hoverboards or scooter.
Animals excluding an animal used for your assistance if you are blind, deaf or otherwise have a disability
Dangerous goods as defined in the Dangerous Goods Act 1985 (Vic) 20. any item you intend (or such quantities of the item from which Springvale Indoor Sports can reasonably infer that you intend) to distribute, sell, offer or expose for sale.
Any item bearing any image, slogan or text that is indecent, discriminatory, obscene, insulting or threatening, as determined by Springvale Indoor Sports in its sole discretion.
Public address systems, electronic equipment, broadcast equipment or similar devices that may interfere with the broadcast equipment or similar devices being used by Springvale Indoor Sports
Any item the possession of which does not have an ordinary and reasonable use by a person within the Venue inclusive of any other objects, device or substance that may be used to deface or damage any part of the Venue or which, in the opinion of Springvale Indoor Sports, has the potential to cause injury, offence, embarrassment or disturbance to any other person.
Prohibited Behaviour, Conduct & Activities
You must not, in or around the Venue engage in the following prohibited behaviour, conduct and activities:
1. Behaviour in breach of a directive or measure imposed by Springvale Indoor Sports
2. Litter
3. Throw or attempt to throw objects
4. Advertise, offer or expose for sale any goods or articles or bring any goods, articles, utensils or appliances which you intend to advertise, offer or expose for sale
5. Possess, use or attempt to use a prohibited item (see Prohibited Goods)
6. Except if authorised by Springvale Indoor Sports, provide any services for fee, gain or reward, collect or attempt to collect money, distribute advertising matter, play musical instruments, use any audio or broadcasting equipment or a camera for commercial purposes
7. Post, stick or place or attempt to post, stick or place any printed material on any part of the Venue without the prior written consent of Springvale Indoor Sports
8. Block any thoroughfare including, without limitation, any stairs, steps, aisle, gangway, overpass, underpass, bridge, passage, entry or exit.
9. Set off any firework
10. Fail to comply with a reasonable request or direction given by Springvale Indoor Sports or its authorised representatives for the purpose of securing good order and management and enjoyment of the Venue, or any part of the Venue
11. Misuse, deface, damage, remove from the Venue or tamper with or attempt to misuse, deface, damage, remove from the Venue or tamper with any building, animal, plant, structure, signage, equipment or thing
12. Inflate, or cause to inflate, any item or good
13. Use indecent or obscene language or threatening or insulting words, or otherwise behave in a provocative, disorderly, threatening, abusive, riotous, unsafe, indecent, rough, harassing or insulting manner or act in a manner detrimental to the enjoyment of other patrons.
14. Behave in any manner that unduly interferes with the amenity of the Venue or the enjoyment of the Event or Venue by patrons, or causes serious alarm or affront to a person by disorderly conduct
15. Conduct surveys or opinion polls, solicit money, donations or subscriptions from patrons, without the prior written consent of Springvale Indoor Sports
Car Parks
The following conditions apply when you enter, leave or use the Car Parks at the Venue or any of our venues. In these conditions references to: (a) “Car Parks” mean the car parks controlled by or on behalf of Springvale Indoor Sports and used for the parking of vehicles or other purposes, including public cark parks and unreserved car parks, or any car parks designated as such by Springvale Indoor Sports from time to time; (b) “Conditions” mean the Springvale Indoor.
1. By entering the Car Park, you are deemed to have accepted these Conditions of Entry and Parking (“Parking Conditions”) and the Conditions.
These Parking Conditions prevail over the Conditions to the extent of any inconsistency.
2. You drive, park and leave your vehicle in the Car Park subject to these Parking Conditions and the Conditions, at your own risk and you remain responsible for your vehicle and any property in or on it at all times.
3. We may refuse entry to the Car Parks to any vehicle or person.
4. We are not liable, except to the extent required by law, for: (a) any theft, loss, or damage whatsoever to any vehicle, its accessories, or its contents, (b) any death or injury of any person, while you, your vehicle or your property are in the Car Park or while you are entering or leaving the Car Park.
5. You must park within the boundaries of one bay.
6. You must not obstruct any persons or other vehicles or access to them.
7. We may, at your expense, move or remove your vehicle if, in our opinion, it is parked in an unauthorised or unsafe position, is unregistered or appears to be abandoned, and if we move your vehicle, these conditions continue to apply.
8. Failure to comply with these conditions may result in the issue of a parking infringement notice and you will be liable for the payment of penalties.
