Waiver Terms & Conditions
- 1. Bass Strait Views Pty Ltd ACN 068 766 156 trading as The Ranch Mornington Peninsula (The Ranch MP) operates the adventure park located on 810 Boneo Road, Cape Schanck, Victoria (Site) where guests may participate in, with the approval of The Ranch MP, the following:
- (a) Horse Riding (including pony rides);
- (b) Mountainboarding;
- (c) Giant Swing;
- (d) Rock Climbing;
- (e) Pamper Pole;
- (f ) Archery
- (g) Flying Fox
- (h) Leap of Faith
- (i) Crate Stack, and
- (j) all associated recreational activities including, but not exclusive to the team building activities, initiatives course, animal nursery, sports courts, swimming pool and trampoline
(collectively, the Activities)
- The person specified below as the “Guest” is a guest of The Ranch MP. The person or entity specified below as the “Customer” has contracted with The Ranch MP as part of a booking. If a Customer is named below, then the corresponding Guest is attending the Site at the direction of the Customer.
- The Ranch MP has agreed to allow the Guest onto the Site, and to participate in the Activities and any other activity, on the condition that the Guest provides this waiver and release in favour of The Ranch MP (including any of its directors, officers’ employees and or agents).
2. General Waiver
2.1 In consideration of The Ranch MP allowing the Guests onto the Site, the Guests unconditionally and irrevocably:
- (a) agree to sign this form without any inducement or coercion whatsoever;
- (b) agree to follow all reasonable directions from The Ranch MP and its staff, including as to the Activities, any other activity and the use of and access to the Site;
- (c) agree that you have read the terms and conditions for the product you have booked and voluntarily assume all risk in entering onto the Site and participating in the Activities and any other activity; and
- (d) indemnify and will keep The Ranch MP (including its directors, officers, employees and or agents) harmless from and against any claim, loss or liability arising from any negligence or wilful act or omission of The Ranch MP.
3. Recreational Services
3.1 Where a Guest attends the Site, and participates in all or any of the Activities, then in consideration of being permitted to participate in the Activities, the Guest acknowledges and agrees as follows:
- (a) that the Activities constitute recreational services;
- (b) to the maximum extent permissible by law, The Ranch MP is not liable for the Guest’s death, physical or mental injury and disease which arises from, or is connection with guarantees which may be excluded under the Australian Consumer Law and Fair Trading Act 2012 including:
- (i) to provide the services with due care and skill;
- (ii) that the services will be reasonably fit for the purpose for which the services are provided; and
- (iii) that the services will be of such a nature, quality, state or condition that they might reasonably be expected to achieve their purpose.
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 service. 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 sign this form, 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.