TO PARTICIPATE IN ACTIVITIES YOU MUST READ AND SIGN THE FOLLOWING RELEASE AND WAIVER:
I am the participant named above and in consideration of Silverton Park Indoor Go Karts and/or Splat Zone (trading as Paul McMahon) (“the Providers”) providing services and/or equipment to enable me to participate in the above Activities, I agree as follows:
1. Go Karting and Splat Ball are dangerous recreational activities which involve a
significant degree of risk of physical harm to me.
2. There are risks in Go Karting and Splat Ball which are obvious to me as a
3. I will comply with all rules and directions provided by the Providers and their
employees including, but not limited to:
reading all safety instructions and signs in the kiosk and at the entrance of the Activity prior to my participation; and
I agree to wear the protective gear and goggles provided by Fun centre staff or gear and goggles approved by Fun Centre management at all times whilst participating in the activities.
4. I understand, acknowledge and agree that:
I participate in the Activities solely at my own risk.
As a matter of law I have no right to claim compensation from anyone if I am harmed because of an obvious risk materialising while I am Go Karting or playing Splat Ball
I am aware that other participants may have limited skills and abilities.
I will exercise due care and skill while participating in the Activities;
the Activities require physical fitness, skill and mental alertness;
participation in the Activities and use of such equipment may result in injury or illness including but not limited to bodily injury, disease, strains, fractures, partial and/or total paralysis, eye injury, blindness, heat stroke, heart attack, death or other ailments that could cause serious disability;
I agree to pay for all damages to equipment owned by the providers caused by my negligence at the owner’s discretion.
5. I voluntarily assume all risks associated with go karting and other activities.
6. I RELEASE Warrnambool Fun Centre from all claims and costs I would
otherwise have or be able to bring if I am injured or killed or if any of my clothing or other property is damaged or lost while I am at the premises regardless of how that injury, death, damage or loss happens and even if (by way of example) if happens as a result of:
The negligence or recklessness of someone else (including Warrnambool fun centre)
The design, construction, condition, adequacy or suitability of the equipment, services, amusements, land, buildings, car parks, paths, landscaped areas or other improvements or facilities at the premises.
Any omission, inadequacy or error in any training or instructions that I or anyone else is given or in any rules or regulations made or procedures adopted by Warrnambool Fun Centre
AND I accept liability for and will indemnify and Keep Warrnambool Fun Centre indemnified against any claims and costs.
7. I also accept liability for and will indemnify and keep Warrnambool Fun Centre
indemnified against any claims or costs arising from any injury or death to any person and any loss of or damage to any property which arises out of my negligence or recklessness while I am at the premises.
8. If I am participating in Go Karts, I further acknowledge and agree that the
Go Karts travel at high speeds.
9. If I am participating in Splat ball, I further acknowledge and agree that:
I am not a “prohibited person” for the purposes of the Firearms Act 1996 (Vic);
I will follow all rules and will not fire upon another player to cause harm or damage.
I will only use paintballs and paintball markers issued by Warrnambool Fun Centre and will not place any other type of projectile or paintballs in the paintball markers.
The game of Splat ball can by physically and mentally demanding. If is therefore not recommended for players suffering from injuries or pregnant women. A number of obstacles have been placed on the playfield to provide hiding places and/or vantage points. These obstacles may present a danger if caution is not exercised.
10. I request and agree that first aid or other appropriate medical treatment be
administered to me in such manner as the Providers or any of its officers or employees or agents shall deem necessary. In such an event, I agree to indemnify, hold harmless and forever discharge the parties listed above for all injury or damage incurred in the course of administering the First Aid.
11. I authorise Warrnambool Fun Centre to take photographs, film and other
images or me while I am at the premises and to develop, print, reproduce and use them free of charge for any purpose (including commercial advertising and promotions)
12. I authorise Warrnambool fun centre to send newsletters and special product
offers to my email address.
13. If my intellectual or physical capacity is diminished in any way, it is my
responsibility to notify Warrnambool Fun Centre in writing of that fact before I take part in the activities.
I DECLARE THAT I HAVE NOT CONSUMED ANY ALCOHOL OR PROHIBITED SUBSTANCES PRIOR TO PARTICIPATING IN THE ACTIVITIES.