Brisbane City Indoor Sports: Terms and Conditions - Commercial Court Hire
THIS IS AN IMPORTANT DOCUMENT REGARDING YOUR BOOKING AND YOU SHOULD READ IT CAREFULLY
Definitions— in these and conditions: a) “BCIS” means and includes Brisbane City Indoor Sports Coorparoo Pty Ltd, its subsidiaries, staff, members, and their respective directors, servants, agents. Or any authorised person (such as Match Officials). b) “Claim” means and includes and action, suit, proceeding, claim, demand, penalty, cost, or expense however arising from, or in connection with, the booking, but does not include a claim made by a person expressly entitled to make a claim under BCIS insurance policy. c) “Activity” means (but is not limited to) use of indoor sports courts, or any physical activity program being conducted at, or on behalf of, BCIS by You or any person attending Your booking. d) “You” or “Your” or “Yourself” means the person named as primary contact for the booking, on behalf of whichever business/organization is represented by this booking, as well as those attending the booking whether or not they are participating in the Activity. e) “Jurisdiction” is the governing law of the State of Queensland.
Risk Warning Waiver— Your participation in physical activity is inherently dangerous and may involve risk. There are risks specifically associated with participation and accidents can and may happen which may result in personal injury, death or property damage. Prior to participating in the Activity, You should ensure You are aware of all the risks involved, including those risks associated with any health condition You may have. You agree and undertake any such risk voluntarily and at Your own risk.
Release and Indemnity— In consideration of BCIS accepting Your booking, to the extent permitted by law You: a) release and forever discharge BCIS from all Claims that You may have or may have had but for this release b) release and indemnify BCIS against any Claim which may be made by You or on your behalf for or in respect of or arising out of Your death whether caused by the negligence or breach of contract by BCIS or in any other manor whatsoever; and c) indemnify and will keep indemnified and hold harmless BCIS to the extent permitted by law in respect of any Claim by any person: i) arising as a result or in connection with You undertaking the Activity; and ii) against BCIS in respect to any injury , loss, or damage arising out of or in connection with Your failure to comply with the rules or directions of BCIS (or any authorised person) , save that the above releases and indemnities shall not apply to the extent that the loss, damage, or injury that is the subject of the Claim is caused or contributed to by the grossly negligent act or omission of BCIS.
Insurance— You acknowledge and agree that BCIS has not arranged insurance coverage for loss, damage, or injury that You may sustain during Your participation in the Activity. You further acknowledge and agree that BCIS does not provide any insurance in relation to Your participation in the Activity. You agree that Your own insurance arrangements are ultimately Your responsibility and You will arrange any additional coverage at Your expense after taking into account Your own circumstances.
Medical Suitability— You warrant that prior to participating in the Activity You: a) are, and must continue to be, medically and physically fit and able to undertake and participate in the Activity; b) are not a danger to Yourself or to the health and safety of others; and c) are not presently receiving treatment for any condition, illness, disorder, or injury which would render it unsafe for You to take part in the Activity.
Reporting of Injury—You agree to report any accidents, injuries, loss, or damage You suffer during the Activity on the day such occurs or is known. You will assist us to prepare an incident report in respect of You to us upon request.
First Aid— You consent to receiving any First Aid that the Activity organisers or their authorised representatives consider necessary or desirable during or after the Activity and agree to reimburse BCIS for any costs or expenses incurred in providing such medical treatment.
Jurisdiction— The governing law of this agreement is the law of the state of Queensland. You irrevocably and unconditionally consent and submit to the jurisdiction in which any incident occurs and waive any right to object to the exercise of such Jurisdiction. BCIS may plead this document as a bar to proceedings now or in the future commenced by or on behalf of You or any person claiming through You. Where You seek to commence proceedings against BCIS, You consent to pay BCIS’s legal defense costs of the proceedings (on an indemnity basis) where BCIS successfully defends the proceedings.
Prevailing conditions— You acknowledge and agree that the Activity may be affected by the weather which may change without warning and there is often an element of the “luck of the prevailing conditions” when undertaking certain elements of the Activity over which BCIS has no control.
Use of Image— You acknowledge and consent to photographs and electronic images being taken of You during the Activity. You acknowledge and agree that such photographs and electronic images are owned by BCIS and BCIS may use the photographs for promotional or other purposes without Your consent being necessary.
Entire Agreement— This agreement (and the documents to which it refers) constitutes the entire agreement between the parties in respect to the Activity and supersedes all other agreements, understandings and representations, and negotiations with BCIS in relation to the Activity. To the extent that any clause of this agreement is void or unenforceable, it is severable and does not affect the remaining provisions of the agreement.
Statement of Understanding— You have read, or have had read to You, the above conditions, and having understood the same, You consent to undertaking the Activity and doing so on the basis set out in this agreement.
These Terms and Conditions are essential terms of the contract between You and BCIS when undertaking an activity with us.