These Terms apply to all persons who attend, enter, or participate in any activity conducted, organised, or facilitated by Perth Observatory Volunteer Group Inc. (Observatory). By purchasing a ticket, registering for, attending, or participating in any Activity, you agree to be bound by these Terms.
Definitions
Activities: means all events, tours, viewing sessions, programs, workshops, services, use of facilities, equipment, or premises conducted, organised, or facilitated by the Observatory.
Participant: means any person who attends, enters, or participates in the Activities, whether or not they purchased a ticket.
Premises: means all land, buildings, car parks, pathways and surrounding areas used in connection with the Activities.
1. Acknowledgement and Assumption of Risk
1.1 The Participant acknowledges that the Activities are conducted in a natural bushland environment and may occur in low-light or night-time conditions.
1.2 The Participant understands that participation involves inherent and obvious risks, including risks of slips, trips, and falls on uneven ground, wildlife encounters, reduced visibility, weather conditions, use of equipment, and the acts or omissions of other participants.
1.3 The Participant voluntarily assumes all risks associated with attending or participating in the Activities, whether known or unknown, foreseeable or unforeseeable.
1.4 The Participant acknowledges that they are responsible for exercising reasonable care for their own safety, complying with all directions of Observatory staff and volunteers, and ensuring they are physically and medically fit to participate.
2. Release and Waiver of Liability
2.1 To the fullest extent permitted by law, the Participant releases and forever discharges the Observatory and its officers, employees, contractors, volunteers, and agents from any liability for loss, damage, injury, illness or death arising out of or in connection with the Participant’s attendance at or participation in the Activities.
2.2 This release includes liability arising from the negligence of the Observatory or its officers, employees, contractors, volunteers or agents.
2.3 Nothing in these Terms excludes liability for reckless conduct or any liability that cannot lawfully be excluded.
3. Recreational Services Warning (Australian Consumer Law)
3.1 The Activities provided by the Observatory may constitute recreational services under the Australian Consumer Law.
3.2 Under the Australian Consumer Law, certain statutory guarantees apply to the supply of recreational services, including guarantees that the services will be rendered with due care and skill.
3.3 To the extent permitted by law, the Observatory excludes liability for death or personal injury resulting from the failure to comply with these statutory guarantees in the provision of recreational services.
3.4 By agreeing to these Terms, the Participant acknowledges that this exclusion of liability applies to the supply of recreational services by the Observatory.
4. Indemnity
4.1 The Participant indemnifies and holds harmless the Observatory from and against any claim, demand, liability, loss, damage or expense, including legal costs on a full indemnity basis, arising from the Participant’s attendance at or participation in the Activities, any breach of these Terms by the Participant, any negligent or wrongful act or omission of the Participant, or any claim brought by a third party arising from the Participant’s conduct.
4.2 This indemnity survives completion of the Activities.
5. Purchaser Obligations
5.1 If a person purchases a ticket or registers on behalf of another person, the purchaser warrants that they have provided these Terms to each Participant and must ensure that each Participant agrees to these Terms prior to attending.
5.2 The purchaser agrees to indemnify the Observatory for any loss arising from a failure to comply with clause 5.1.
5.3 Each adult Participant must personally agree to these Terms as a condition of entry or participation.
6. Minors
6.1 A Participant under the age of 18 years may only attend or participate with the consent of a parent or legal guardian.
6.2 By consenting to a minor’s participation, the parent or guardian acknowledges the risks described in these Terms, consents to the minor participating in the Activities, and indemnifies the Observatory against any claim arising from the minor’s participation, including claims brought on behalf of the minor.
6.3 Nothing in this clause limits any rights a minor may have under applicable law.
7. Non-Excludable Rights
7.1 Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law or any other applicable legislation that cannot lawfully be excluded.
8. Governing Law
8.1 These Terms are governed by the laws of Western Australia. The Participant submits to the exclusive jurisdiction of the courts of Western Australia.
9. Severability
9.1 If any provision of these Terms is found to be invalid or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect.
