Terms of Use

ASSUMPTION OF RISK, EXCLUSION OF LIABILITY AND WAIVER

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

Terms and Conditions

SNAK GCC Pty Ltd (ACN 676 721 430) trading as “GO Pickle” is a supplier of “recreational services” (as defined in section 22 of the Australian Consumer Law and Fair Trading Act 2012). The recreational services and facilities provided, include but are not limited, to pickleball courts, equipment rental, the condition, layout, construction, design, maintenance and use of the pickleball courts and surrounds and any other associated sporting activities or similar leisure time pursuits (recreational activities).

The purpose of this user acknowledgement is to limit the liability of GO Pickle, its employees, directors and agents, and to exclude liability for any personal injury or death to a participant in the recreational activities. By booking at court at a GO Pickle arena, 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:

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012

Under the Australian Consumer Law, 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 supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you acknowledge this waiver, 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 provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in 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.

Assumption of Risk and Exclusion of Liability

1. You acknowledge that the recreational activities are dangerous with many inherent risks and hazards, including but not limited to slipping, falling, impacting against walls, other people or the ground and as a consequence personal injury (including spinal injury) and sometimes death can occur and you voluntarily assume and accept all such risks and waive the right to sue GO Pickle for any personal injury or death in any whatsoever caused by or arising from participation in such activities.

2. GO Pickle, its employees, directors and agents are not liable to you, your dependants or your legal representatives for personal injury or death suffered by you due to the recreational activities not being supplied with due care and skill or not being reasonably fit for their purpose or for breach of any of the consumer guarantees applied by the Australian Consumer Law, or due to the negligence, breach of contract or statute or statutory duty by GO Pickle.

3. You release GO Pickle, its employees, directors and agents from all actions, suits, claims, demands, costs and other liabilities in connection with or incidental to your use of the recreational activities whether caused by the negligence of GO Pickle or otherwise.

4. You agree to hold harmless and indemnify GO Pickle in respect of all actions, suits, claims, demands, costs and other liabilities you may have against GO Pickle in connection with or incidental to your use of the recreational activities.

5. To the maximum extent permitted by law, but subject to the non-excludable consumer guarantees implied pursuant to the Australian Consumer Law, in no event will GO Pickle, or its employees, directors and agents be liable in respect of any claim for any indirect or inconsequential loss or damage including without limitation personal injury, financial loss (such as loss of profits or use of capital or revenue or otherwise), or for any punitive, exemplary, special, incidental or consequential loss or damage whether such liability arises in contract, tort, equity, breach of statute or statutory duty or breach of any consumer guarantees.

6. Children less than 12 years of age, be supervised at all times by a parent or a responsible adult guardian. Where you are responsible for such children you agree to be bound by these conditions on their behalf and you will directly supervise them at all times.

7. Participants must be in good health and be free from any adverse medical conditions. For safety reasons, pregnant women, customers with pre-existing health issues or wearing casts are not permitted to use the facilities and equipment. If in doubt please seek medical advice.

8. Participants agree to pay the cost of and authorise GO Pickle to take all steps it considers reasonably necessary to protect his or her welfare in the event of personal injury, including the administration of any emergency medical treatment and ambulance transportation.

9. Participants must comply with all signs or other directions of GO Pickle and it may suspend or cancel your access to the recreational activities in its absolute discretion for non- compliance with these conditions or for reckless or careless conduct.

10. GO Pickle reserves the right to photograph, videotape and/or record you and/or your child and to use you or your child’s name, face, likeness, voice and appearance in connection with surveillance, exhibitions, publicity, advertising and promotional materials without reservation or limitation.

11. This agreement shall be governed by the laws of New South Wales.

12. Any provision of this agreement which is held to be unenforceable is, where possible to be severed to the extent necessary to make the agreement enforceable and the rest of the agreement is not affected.

Waiver and Release and Participant Acknowledgement

Note: for the purchaser/participant

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

By making a booking for the use of pickleball courts or any other equipment or facilities at GO Pickle for yourself or on behalf of another person, you and that other person both agree that you make that purchase and enter this agreement as the authorised agent of that other person so that he/she will be bound by these terms and conditions.

I understand those policies I’m bound by may change from time to time and that it is my responsibility to check these policies and policy changes on the GO Pickle website. In addition, I know and agree to behave in a manner consistent with GO Pickle’s expectations as described below.

I am responsible for my own property at all times. GO Pickle does not accept any responsibility for any property that is stolen, lost or damaged at its arenas. GO Pickle reserves the right to refuse entry to any person or remove any person from the facility for any breach of the policies or any other reason.

I acknowledge, agree and represent that I understand the nature of GO Pickle, I am in good health and proper physical condition to participate in such activities. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately stop further participation in the activity. 

This waiver and release contains the entire agreement between parties, and supersedes any prior written or oral agreements between them concerning the subject matter of this waiver and release. The provisions of this waiver and release may be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties. The provision of this waiver and release will continue in full force and effect even after the termination of the activities conducted by, on the premises of, or for the benefit of GO Pickle, whether by agreement, by operation of law, or otherwise. I have read, understood and fully agree to the term of this waiver and release. I understand and confirm that by acknowledging this waiver and release I have given up considerable future legal rights. Nothing in this waiver effects the binding nature of other warranties, representations, acknowledgement and information in this document.