Terms and Conditions

Last Updated: November 16, 2020

Welcome to Rush Adventureland

Rush Adventureland offers a range of exciting and fun filled Activities, designed for ages one to fifteen, from its Venue.

(a) Before you may participate in any Activities, you must:

(i) agree to be bound by these Terms and Conditions (Terms) by confirming your acceptance of them, at the time of:
(b) Before making a Booking with us you must sign the Waiver.
(c) if you do not agree to these Terms and sign the Waiver, you will be prohibited from participating in all of the Activities.

2. Booking into Rush Adventureland

2.1 Activity Bookings

(a) To make a Booking, you may:

(i) complete and submit our Booking Form on line;

(ii) telephone the Venue and request a Booking;

(iii) attend the Venue.

(b) All persons under the age of 16 that you will act as the Guardian for under your Booking, will subject to clause 9.2, require you to accept the Terms and sign the Waiver on their behalf before they can participate in any of our Activities.

(c) To maximise your Booked time with Activities, please ensure you:

(i) arrive at least:

(A) 10 minutes before your Booking, where you and each person you are acting as the Guardian for has Valid Participation Documents; or

(B) 15 minutes before your Booking, where you or any person you are acting as the Guardian for does not have Valid Participation Documents, and procure that each of your invitees under the Booking do the same.

2.2 Events reservation

(a) Guests of all ages are welcome to attend Events, however, admission to the Venue will be in accordance with clause 3 and participation in the Activities will be in accordance with clause 5.

(b) Party reservations require a minimum of 8 guests.

(c) Any requests to increase guest numbers is at our sole discretion and will be based on forecasted availability. It is recommended you secure your Event for the maximum number of guests attending.

(d) Event reservations for 10 to 30 guests can be made by phoning the Venue. They must be made a minimum of 48 hours in advance of the Event.

(e) Major Event reservations cannot be made via the Site, they must be made by phone or in person at the Venue. Major Event reservations must be placed a minimum of 7 days in advance of the Major Event.

(f) Event reservations before being finalised require partial payment upfront, as set out in sub-clause 4.3.

3. Right of admission

(a) A Booking does not guarantee participation in the Activities. It is your responsibility to ensure that you meet the relevant requirements set out in these Terms to gain access to the Venue and where applicable, to participate in the Activities.

(b) We reserve the right to refuse admission to any persons for any reason which we consider to be reasonably necessary to ensure the safety and enjoyment of others within the Venue, including but not limited to:

(i) wearing inappropriate clothing or footwear;

(ii) poor health or hygiene;

(iii) being under the influence of alcohol, or any drugs which impact cognitive or motor function; and

(iv) engaging in conduct that is disruptive or offensive to other members.

4. Fees and payment

4.1 Fees and costs

(a) Fees to participate in the Activities and to make an Event reservation are contained in the Fee Schedule which is published on the Site and at the Venue.

(b) Fees are dependent on the availability of Activities to a Participant. The extent of availability will be based upon applicable Restrictions, Guidelines and any request for limited Activity access.

(c) In order to participate in an Activity, there may be costs that are additional to the fees due to requirements in applicable Guidelines. For example, all Participants are required to wear Rush Socks (or socks that have identical features) whenever the Participant is participating in physical Activities.

(d) Where we consider appropriate, we may review and amend the Fee Schedule at our sole discretion. For the avoidance of doubt, we are not permitted to change the Fee Schedule in respect of already placed Bookings and Events.

4.2 Payment

(a) Payments can be made in person or via the Site using the following payment methods:

(i) EFTPOS;

(ii) credit card (American Express, Visa and Mastercard);

(iii) cash; or

(iv) gift cards or vouchers.

(b) Full payment of your Booking must be made before you, or anyone else in your Booking can participate in the Activities.

4.3 Event reservations

(a) To secure an Event reservation, we require 50% of all fees due to be paid at the time it is made.

(b) The balance of the fees must be paid at the Venue either before or at the time of the Event before anyone in the Event can participate in the Activities.

(c) If you cancel your Event reservation within 7 days of the Event, your deposit will be forfeited.

5. Safely enjoying the Activities

5.1 Risks to Health and Safety

(a) You acknowledge that certain inherent risks and hazards exist with respect to the Activities and that strict compliance with clause 5 is required to ensure you and all those you are responsible for do not suffer any harm.

(b) You acknowledge that entering the Venue and participating in Activities is entirely at your own volition and risk. Your signed Waiver is taken as your express affirmation of this.

(c) You acknowledge that the entering of the Venue and the participating in the Activities by someone you are the Guardian for is also entirely at your own volition and risk. The Waiver signed on their behalf and the Terms accepted on their behalf are taken as their express affirmation of this.

(d) You must disclose any physical restriction, disability or predisposition to sickness or injury that may impact upon your enjoyment of, or participation in the Activities. You must also do the same in respect of anyone you are the Guardian for.

(e) Where we consider appropriate, we may limit participation in Activities by prohibiting you, or anyone you are the Guardian for, from certain Activities or otherwise setting out Special Directions relating to participation in certain Activities.

(f) You acknowledge and agree that unless you expressly tell us otherwise, we assume that you and each person you are the Guardian for has no health risks, conditions or injuries that require Special Directions or Activity limitation.

(g) In addition to any prohibitions contained in the Guidelines and Restrictions, for safety reasons, pregnant women and customers with any pre-existing health issues that could be aggravated or adversely affected by participating in any of the Extreme Activities are not permitted to participate in them.

5.2 Rules of Rush Adventureland

(a) You must always supervise all persons at all times that you act as the Guardian for whilst in the Venue.

(b) Before using any Activities, you must procure that each person you are the Guardian for adheres to all:

(i) Restrictions;

(ii) Guidelines; and

(iii) directions from any of our Personnel, in respect of the use of the Activities.

(c) We may immediately:

(i) suspend or terminate your access to the Venue and that of any persons under the age of 16 you are acting as the Guardian for; and

(ii) restrict your use of any of the Activities and that of anyone you are the Guardian for, due to non-compliance with sub clauses 5.2

(b) or for a breach of our Code of Conduct.

6. Your Personal Property

(a) You acknowledge and agree that you are solely responsible for all your personal belongings and those of any person you are the Guardian for, whilst you are in the Venue.

(b) You hereby release us from any and all liability relating to the loss or theft of any of the personal belongings identified under sub-clause 6(a) that occurred whilst you were at the Venue.

(c) Neither you, nor any person you are the Guardian for are permitted to leave keys, wallets or other valuable items at the Venue’s reception.

(d) You may store your possessions in the paid lockers or within our storage room.

(e) In addition to any other requirements relating to personal property in our Code of Conduct or Guidelines, you are not permitted to have any loose personal effects around any of the Activities.

7. Your Personal Information

(a) We use our best endeavours to keep all personal information received and collected by us in accordance with our Privacy Policy, which can be accessed here.

(b) Please keep your personal information within your account up to date, or where you have failed to, let us know of any changes when you communicate with any of our front of house Personnel so that we can update our records for you.

8. Not used

9. Privacy Whilst in the Venue, you consent to images and video being taken for security or promotional purposes of yourself, and of any persons you are the Guardian for.

10. Duration of Agreement

10.1 Duration of Terms Subject to clause 10, these Terms are valid from the date of your acceptance and will continue for a period of 12 calendar months.

10.2 Valid Participation Documents Whereby our Personnel have checked your account to ensure that it records that you have Valid Participation Documents, you will not be required to re-sign the Waiver or re-accept the Terms before being able to participate in the Activities.

11. Termination

11.1 Delete your account

11.2 Termination by us

We may in our sole discretion terminate these Terms immediately and at any time upon providing notice to you. We will endeavour to provide you with reasonable notice before your next Booking where these Terms have been terminated by us.

12. Indemnity and Liability

12.1 Indemnity

You indemnify us and must keep us indemnified from any Loss arising from any Claim by any person against us in connection with, whether directly or indirectly:

(a) your attendance at the Venue or the attendance at the Venue of anyone you are the Guardian for;

(b) your participation in the Activities or the participation in the Activities of anyone you are the Guardian for; and

(c) your breach of any of these Terms or the breach of these Terms by anyone you are the Guardian for, save where Loss was caused as a direct consequence of our negligence or the negligence of someone we are responsible for, in which case, your indemnity will be reduced by the extent that our negligent act or omission contributed to the Loss.

12.2 Liability

You hereby release us (including our Personnel) from all liability whether relating directly or indirectly, to any Harm caused, resulting from, or arising out of your participation in any of the Activities or as otherwise suffered by you whilst in the Venue, save where such injury was caused as a direct consequence of our negligence or the negligence of someone we are responsible for, in which case we will only be responsible to the extent that our negligent act or omission contributed to the Harm.

12.3 Exclusion of Consequential Loss

To the maximum extent permitted by law, we will not be liable for any Consequential Loss arising from or in connection with the use of any Activity, by you or by anyone you are the Guardian for, even if we were appraised of the likelihood of such Loss occurring.

12.4 Exclusion of implied warranties

(a)Subject to paragraph (b) below, any condition, guarantee or warranty which would otherwise be implied in these Terms is hereby excluded.

(b) Liability for breach of a guarantee conferred by the Australian Consumer Law (other than those conferred by ss 51 to 53 of the Australian Consumer Law) is limited (at our election) to providing our services again, or the payment of the cost of having our services supplied again.

13. General

13.1 General

(a) These Terms contain the entire agreement between us. Any previous understanding, agreement, representation or warranty relating to the subject matter of this Agreement is replaced by this Agreement and has no further effect.

(b) Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by the other party to give effect to these Terms.

(c) Any provision of these Terms that is illegal, void or unenforceable will be severed without prejudice to the balance of the provisions of these Terms which will remain in force.

(d) Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

13.2 Assignment

(a) You cannot assign, novate, sublicense or otherwise transfer any of your rights or obligations under these Terms without our prior written consent.

(b) We may assign our rights and obligations under these Terms without your consent immediately upon providing notice to you.

13.3 JurisdictionThese Terms are governed by the law in force in the State of Queensland, Australia and each party submits to the non-exclusive jurisdiction of the courts of Queensland, Australia.

13.4 Amendments

(a) We reserve the right to reasonably alter, amend or withdraw any part of these Terms upon providing written notice of the changes to you (Change Notice).

(b) Change Notice may be given by:

(i) writing to you by email advising of the update;

(ii) publishing a notice of the update on the Site; and/or

(iii) sending a SMS notification of the update.

(c)The most up to date version of the Terms are available on the Site.

(d) Your continued use of the Site or participation in the Activities, following our issue of a Change Notice will constitute an automatic acceptance of any alteration, withdrawal or amendment made.

14. Definitions and interpretations

14.1 Definitions

In these Terms: Activities means entertainment and recreational services provided by us, including the High Ropes Course, Ninja Course, Climbing Walls, Bumper Cars, Traditional Multi-Level Playground, Toddler Zone, Virtual Reality Simulator and Rush Coaster. Booking means a request made for 1 – 10 people to participate in the Activities at a certain time on a particular day. Booking Form means our form to request a Booking which requires information that we need to properly record and manage your Booking on our end. Business Day means a day that is not a Saturday, Sunday or any other day that is a public holiday and on which banks are open for business generally in Brisbane, Australia. Claim includes, in relation to a person, a demand, claim, action, dispute or proceeding made or brought by or against the person, however arising and whether present, unascertained, immediate, future or contingent. Code of Conduct means the set of rules outlining the proper practices and acceptable behaviour of our guests whilst they are inside the Venue. Confidential Information means information that is by its nature confidential and: (a)is designated by a party as confidential; or

(b) a party knows or ought to know is confidential, but does not include information which is or becomes public knowledge otherwise than by breach of these Terms or any other confidentiality obligation. Consequential Loss means indirect economic loss, loss of income or profit, loss of contract, loss of data, liability under other agreements or to third parties, loss of opportunity or any other special, indirect, remote or punitive loss or damage. Event means a private function including birthday parties, Christmas parties, family events, corporate functions and sporting club functions held at the Venue. Extreme Activities includes the High Ropes Course, Ninja Course, Rush Coaster, Virtual Reality Simulator, Climbing Walls & Bumper Cars.
Fee Schedule means our list of relevant fees relating to participating in the Activities and hosting an Event, but not a Major Event. Force Major Event means any event that is outside the reasonable control of the affected party and could not have been prevented by that party taking reasonable steps. Guardian means a parent, legal guardian or temporary carer over the age of 18 years. Guidelines means all rules, directions, signs or safety instructions including safety briefings provided by us in respect of the Activities. Harm means personal injury, sickness (including illness resulting in death), disability, death and damage to or loss of property. Rush Socks mean thick socks with rubber grips on their underside. Loss includes any damage, loss, cost, liability or expense of any kind and however arising (including as a result of any Claim including penalties, fines and interest whether prospective or contingent and any amounts that for the time being are not ascertained or ascertainable. Major Event means an Event reservation for 26 guests or more. Participant means the person participating in the Activities. Personnel means all of our employees, contractors and officers. Privacy Policy means the Rush Adventureland Privacy Policy accessible at www.rushadventureland.com.au/privacy-policy. Restrictions means the age, height, weight, physical or psychological restrictions applicable to Activities. Site means our website accessible at www.rushadventureland.com.au. Special Directions means directions, instructions or rules specific to you that we expressly set out to you, enabling you to safely participate in the Activities. Rush Adventureland Accounts means a member account with Rush Adventureland. Valid Participation Documents means a signed Waiver that is less than 12 months old and accepted Terms that are current under clause 10.2. Venue means the facility at Shop GD10A, Maroochydore Superstore Plaza, 50 Plaza Parade, Maroochydore QLD 4558 known as “Rush Adventureland – Maroochydore”. Waiver means the Rush Adventureland Waiver provided at the time of entry into the Venue or electronically at the time of joining the Rush Adventureland. Rush Adventureland means Mobile Play Australia Pty Ltd ABN 62 625 159 739 trading as Rush Adventureland.

14.2 InterpretationIn interpreting these Terms, unless the context provides otherwise:

a) the singular includes the plural and vice versa, and a gender includes other genders;

(b) another grammatical form of a defined word or expression has a corresponding meaning;

(c) a reference to:

(i) a rule, paragraph or schedule is to a rule or paragraph of, or schedule to, these Terms;

(ii) a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;

(d) a reference to A$, dollar or $ is to Australian currency;

(e) a reference to a person includes a natural person, partnership, body corporate, association, and any Government Agency;

(f) a reference to a party means a party to this Agreement and includes the party’s executors, administrators, successors, permitted substitutes (including by novation) and permitted assigns;

(g) a reference to a group of persons is to any 2 or more of them taken together and to each of them individually;

(h) a reference to the whole is to each part of it;

(i) a reference to a statute, regulation, code or provision of a statute, regulation or code includes any modification or re-enactment of it, a legislative provision substituted for it and a regulation or statutory instrument issued under it;

(j) “including” and similar expressions are not words of limitation;

(k) costs and expenses include legal costs and expenses on a full indemnity basis;

(l) conduct includes an omission, statement or undertaking, whether or not in writing;

(m) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this document or any part of it;

(n) if a day on or by which an obligation must be performed or an event must occur is not a Business Day, the obligation must be performed or the event must occur on or by the next Business Day; and

(o) headings are for ease of reference only and do not affect interpretation.