terms and conditions
Please read our Terms and Conditions carefully before using the Website and Selecting your Purchases.
The following conditions of sale will apply to and bind the purchaser, participant, accompanying adult or any user
of any Area 51 product described in the Website.
YOU ARE ENTERING A CONTRACT. PLEASE READ THIS ASSUMPTION OF RISK, EXCLUSION OF LIABILITY AND WAIVER AGREEMENT CAREFULLY BEFORE SELECTING YOUR PURCHASES AS THESE CONDITIONS AFFECT YOUR LEGAL RIGHTS.
By selecting the ‘I have read and accept the Area 51’s terms and conditions’ checkbox, you acknowledge that you have read this agreement, understand it and agree to be bound by its terms and conditions. You agree that a contract for the sale and supply of services is being formed between you, the participant, and Area 51. If you are making a purchase on behalf of another person, you agree that you are making the purchase and entering this contract as their agent.
ASSUMPTION OF RISK, EXCLUSION OF LIABILITY AND WAIVER
1. By purchasing a ticket for or by using any of the facilities at any Area 51 venue, you agree to be bound by these conditions, and agree that these conditions are deemed to have been signed by you.
2. You acknowledge that 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 Area 51 for any personal injury or death caused by or arising from participation in such activities.
3. To the fullest extent allowable by law, Area 51, 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 (Queensland), or due to the negligence, breach of contract or statute or statutory duty by Area 51.
4. To the fullest extent allowable by law, Area 51 makes no warranties or representations regarding the goods or services provided by Area 51, including but not limited to, its staff, the venue, facility or equipment.
5. You release Area 51, 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 Area 51 or otherwise.
6. You agree to hold harmless and indemnify Area 51 in respect of all actions, suits, claims, demands, costs and other liabilities you may have against Area 51 in connection with or incidental to your use of the recreational activities.
7. 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 Area 51, 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.
8. RISK WARNING: The use of trampolines, the wall, foam pit, bag jump or any other equipment at any Area 51 venue involves a significant risk of participants suffering personal injury including the possibility of serious injuries, permanent disability or death. All participants who engage in such recreational activities do so at their own risk.
9. Whilst on the Area 51 premises, you agree to comply with all written and verbal instructions given to you by Area 51, its signage and its employees relating to the participating in its recreational activities. You acknowledge that there is significant risk in non-compliance with the safety policies and rules.
10. Children must be at least 1 year of age to use the toddler area and above 4 years of age to use the general play area and must 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.
11.Weight and height limits for individual users on the individual events may apply (refer to centre signage on each event).
12. Children must be at least 5 years of age to use the harness, climbing walls or air coaster. 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.
13. Participants must be in good health and be free from any adverse medical conditions. Area 51, its employees, directors and agents can refuse entry or ask any person to leave if they are under the influence of alcohol or prescribed illicit drug. If in doubt, please seek medical advice.
14. You agree to pay the cost of and authorise Area 51 to take all steps it considers reasonably necessary to protect your welfare in the event of personal injury, including the administration of any emergency medical treatment and ambulance transportation.
15. All tickets remain the property of Area 51 and cannot be transferred, altered or resold. They are valid only for the date and time booked and are void if tampered with.
16. You must comply with all signs or other directions of Area 51 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.
17. Area 51 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 exhibitions, publicity, advertising and promotional materials without reservation or limitation.
18. This agreement shall be governed by the laws of Queensland.
19. If any of these conditions should be determined to be void, invalid or otherwise unenforceable, such conditions shall be deemed deleted and the remaining conditions shall remain and continue to be valid, binding and enforceable.
20. Area 51 grip socks are required to be worn on our equipment at all times by all participants including parents supervising their children.
21. People with mental or physical impairment, back, neck, knee or joint injuries: heart conditions; respiratory problems; pregnant women or people with broken or sprained bones are not permitted on certain attractions.
22. While rollerskating or rollerblading at our rink, falls and collisions can happen. Area 51 and the Alien Night Market make every effort to provide a safe and enjoyable environment. However, we are not responsible for:
i) Any loss or damage to personal property.
ii) Injury or loss of life, regardless of the cause, including negligence by our staff or representatives.
This includes the owner, staff, and all employed representatives of Area 51 and the Alien Night Market.