Liability
Waiver
Updated Release and Waiver of Liability
Santa’s Wonderland Release and Waiver of Liability
Effective Date: 01/07/2026
Version: V1
1. Notice of Contract
This document is a liability waiver and release given by Santa’s Wonderland.
By purchasing, receiving or using a ticket for admission to Santa’s Wonderland, entering Santa’s Wonderland, participating in any Attraction, or signing or otherwise agreeing to this waiver by electronic or other means, the participant accepts that they are entering into a contract with Santa’s Wonderland which limits Santa’s Wonderland’s liability to the maximum extent permitted by law.
If the person purchasing, receiving or using a ticket is a parent, guardian, carer or responsible adult for a child or dependant, that person gives the acknowledgements and agreements in this waiver:
on their own behalf; and
to the extent permitted by law, on behalf of the child or dependant.
2. Meaning of Santa’s Wonderland
In this waiver, Santa’s Wonderland, we, us and our means:
Santas Wonderland Pty Ltd ACN 619 974 515 as trustee for Santas Wonderland Trust ABN 81 691 394 756;
Amusement Services Australia Pty Ltd ACN 619 977 392 as trustee for Amusement Services Australia Trust ABN 15 253 757 939; and
each of their related entities, directors, officers, employees, agents, contractors, operators, sponsors, volunteers, successors and assigns.
3. Attractions
In this waiver, Attractions means:
ice skating;
tobogganing;
jumping castles;
ball crawl;
selfie stops;
interactive activities;
stage shows;
amusement rides;
transportation within, to or from the event;
any other rides, amusements, entertainment, installations, activities or event areas operated or made available at Santa’s Wonderland.
4. Recreational Services and Inherent Risks
The Attractions are recreational activities and may include dangerous recreational activities.
Participation in the Attractions may involve inherent and obvious risks, including:
slips, trips and falls;
collisions with other patrons, objects, structures or equipment;
loss of balance or control;
equipment failure or malfunction;
movement, speed, height, impact or sudden stops;
crowd-related risks;
weather, surface or environmental risks;
physical exertion;
panic, anxiety or distress;
property damage;
physical or mental injury;
serious injury; and
death.
Participants voluntarily assume the inherent risks of entering Santa’s Wonderland and participating in the Attractions.
5. Exclusion of Liability for Recreational Services
To the maximum extent permitted by law, including section 139A of the Competition and Consumer Act 2010 (Cth) and any applicable State or Territory fair trading legislation, Santa’s Wonderland excludes liability for any failure to comply with a statutory guarantee that recreational services will be provided with due care and skill, where that failure results in:
death;
physical injury;
mental injury;
aggravation, acceleration or recurrence of a physical or mental injury; or
any other loss or damage arising from the death or physical or mental injury of a person.
Nothing in this waiver excludes, restricts or modifies any liability that cannot lawfully be excluded, restricted or modified.
6. Release and Waiver
To the maximum extent permitted by law, the participant releases and waives any claim against Santa’s Wonderland arising from or connected with:
entry to Santa’s Wonderland;
participation in, preparation for or observation of any Attraction;
use of event facilities or equipment;
acts, omissions, negligence, default or error by Santa’s Wonderland;
acts, omissions or conduct of other patrons or third parties; and
any injury, loss, damage, cost or expense suffered by the participant.
This release does not apply to the extent that liability cannot be excluded by law.
7. Parent, Guardian and Responsible Adult Acknowledgement
A parent, guardian or responsible adult who purchases, receives or uses a ticket for a child or dependant, or permits a child or dependant to enter Santa’s Wonderland or participate in any Attraction, acknowledges and agrees that:
they are responsible for supervising the child or dependant at all times;
they must assess whether the child or dependant is able to safely participate in each Attraction;
they must ensure the child or dependant complies with all signs, directions and operator instructions;
they agree to this waiver on their own behalf;
to the extent permitted by law, they agree to this waiver on behalf of the child or dependant; and
they will be responsible for any loss, damage or injury caused by their failure to supervise the child or dependant or comply with event rules.
This waiver does not represent that a minor has independently waived rights where that is not permitted by law.
8. Health, Fitness and Capacity Warnings
Participants must not participate in an Attraction where participation may be unsafe due to pregnancy, injury, illness, disability, medical condition, mental health condition, physical limitation, medication, intoxication, fatigue or any other condition that may be aggravated by the Attraction, unless it is safe to do so.
Participants are responsible for assessing their own fitness and capacity, and the fitness and capacity of any child or dependant under their supervision, before participating in any Attraction.
Without limiting any attraction-specific warnings, participants should not participate in an Attraction if they:
are pregnant and the Attraction may pose a risk;
have a heart condition, back condition, neck condition, bone or joint condition, recent surgery or other medical condition that may be aggravated;
are injured or medically unfit;
have been advised not to participate by a medical practitioner;
cannot comply with required ride positioning, restraints or safety instructions;
are under the influence of alcohol or drugs; or
are otherwise unable to participate safely.
Additional attraction-specific medical or safety exclusions may apply.
9. Compliance with Santa’s Wonderland Requirements
Each participant must:
comply with all signs, warnings, rules and directions displayed at Santa’s Wonderland;
comply with all verbal directions and operator instructions given by Santa’s Wonderland staff, contractors, operators, stewards and officials;
attend and follow any safety briefing;
wear appropriate clothing and footwear, including closed-in footwear where required;
use safety equipment, restraints and devices as directed;
remain within designated public areas;
refrain from unsafe, aggressive, disruptive or unlawful conduct;
not interfere with any Attraction, equipment, restraint, barrier or safety device;
not participate in any Attraction while under the influence of alcohol or drugs;
immediately report hazards, incidents and injuries to Santa’s Wonderland staff; and
follow all emergency instructions.
Failure to comply may result in refusal of entry, removal from the event, refusal of participation in an Attraction or cancellation of tickets without refund, to the extent permitted by law.
10. Supervision of Children
All children must be accompanied and supervised by a responsible adult at all times.
Some Attractions may require:
direct adult participation;
a responsible adult to remain at the ride entry or exit;
a responsible adult to remain within a designated viewing area; or
additional supervision due to age, height, capacity or safety requirements.
Santa’s Wonderland may refuse participation if supervision requirements are not met.
11. Personal Property
Participants are responsible for their own personal property brought to Santa’s Wonderland.
To the maximum extent permitted by law, Santa’s Wonderland is not responsible for loss of, theft of or damage to personal property.
12. Prohibited Items
Participants must not bring into Santa’s Wonderland or onto any Attraction any dangerous, hazardous or prohibited items, including:
knives;
fireworks;
smoke canisters;
air-horns;
flares;
weapons;
dangerous or hazardous items;
laser devices;
bottles, glass vessels or cans;
opened bottles of drink or liquid, except as permitted by Santa’s Wonderland;
poles;
drones;
alcohol or illicit substances; and
any article that might be used as a weapon or compromise public safety.
Santa’s Wonderland may inspect bags and refuse entry or remove prohibited items to the extent permitted by law.
13. Refusal of Entry and Removal
Santa’s Wonderland may refuse entry to, remove or refuse participation by any person where reasonably necessary for safety, security, operational, legal or conduct reasons, including where the person:
breaches this waiver or event rules;
fails to comply with staff directions;
behaves unsafely, offensively, aggressively or unlawfully;
appears intoxicated or affected by drugs;
poses a risk to themselves or others;
fails to meet attraction-specific requirements; or
breaches any applicable law, regulation or public health requirement.
14. CCTV, Security Recording and Event Photography
CCTV, film cameras, photography, video recording and audio recording may be used at Santa’s Wonderland.
CCTV and security recordings may be collected and used for safety, security, operational, incident management, insurance and legal purposes.
15. Media and Promotional Consent
Santa’s Wonderland may take photographs, video recordings and audio recordings at the event for promotional, advertising, marketing, social media and commercial purposes.
By entering Santa’s Wonderland, each adult participant consents to being photographed, filmed or recorded and to Santa’s Wonderland using those images or recordings for promotional and commercial purposes without payment, unless the participant notifies Santa’s Wonderland that they do not wish to be the subject of close-up promotional photography or filming.
Parents and guardians may notify Santa’s Wonderland if they do not want a child in their care to be the subject of close-up promotional photography or filming.
Notifications may be made at: service@santaswonderland.com.au
Santa’s Wonderland will use reasonable endeavours to accommodate such requests. However, this does not apply to:
CCTV and security recordings;
recordings required for safety, incident response, operational, insurance or legal purposes;
incidental appearance in crowd, background or general event imagery where it is not reasonably practicable to exclude the person; or
recording by third parties outside Santa’s Wonderland’s reasonable control.
16. Emergencies
In an emergency, participants must follow all instructions and directions from Santa’s Wonderland staff, stewards, emergency personnel and other officials.
Santa’s Wonderland may take reasonable action it considers necessary to protect health, safety and security.
17. Agreement
By purchasing, receiving or using a ticket, entering Santa’s Wonderland, participating in any Attraction, or signing or otherwise agreeing to this waiver, the participant acknowledges and agrees that:
the Attractions involve inherent risks;
they have read and understood this waiver;
they voluntarily accept the risks associated with entry and participation;
they agree to comply with all Santa’s Wonderland rules and operator instructions;
they release Santa’s Wonderland from liability to the maximum extent permitted by law; and
where acting for a child or dependant, they give the acknowledgements in section 7.
18. Governing Law
This waiver is governed by the laws of Victoria, Australia.
The parties submit to the non-exclusive jurisdiction of the courts of Victoria and the courts competent to hear appeals from those courts.