Liability Waiver

Release and waiver of liability and all other claims.

Notice of Contract
I acknowledge that I have been provided this notice consisting of a liability waiver and release by Santa’s Wonderland (‘the Waiver’). By purchasing or otherwise obtaining a ticket for admission to Santa’s Wonderland or by signing or otherwise agreeing to this Waiver, including by electronic means, I accept that I am entering a contract which limits Santa’s Wonderland and/or sponsors and/or any related entities and associated employees, staff or agents’ liability for injury or related claims.

Santa’s Wonderland means Santas Wonderland Pty Ltd (A.C.N. 619 974 515) as trustee for Santas Wonderland Trust (ABN 81691394756) and Amusement Services Australia Pty Ltd (A.C.N. 619 977 392) as trustee for Amusement Services Australia Trust (ABN 15253757939), its related entities, employees, agents, directors, officers, contractors and assigns and a reference to ‘we’, ‘our’ or ‘us’ has the same meaning.

Dangerous Recreational Activity
I acknowledge that this Waiver applies to the Attractions and/or similar dangerous recreational activity, including preparation to engage therein, which I understand are inherently dangerous activities that involve a serious risk of accident, property damage, harm, serious bodily injury and death.

‘Attractions’ means:

1.              Ice Skating;

2.              Tobogganing;

3.              Jumping Castles;

4.              Ball Crawl;

5.              Selfie Stops;

6.              Interactive Activities;

7.              Stage Shows;

8.              Amusement Rides; and

9.            Any other rides, transportation within or to and from the event or attractions, attractions,

or amusement activities.

(altogether, the “Attractions”)

I agree to abide by any safety briefing(s), advise or instructions, including from a relevant staff member as assigned by Santa’s Wonderland, at all times. I understand that a failure to follow such instructions as reasonably directed may result in the termination of my use of any facilities in relation to the Attractions and/or similar dangerous recreational activity, and may result in my removal from Santa’s Wonderland without a refund being provided to me.

Responsibility Assumed
By agreeing to this Waiver, I assume full responsibility for any risk of injury, serious harm or death arising from my use of or preparation or participation in the Attractions and/or similar dangerous recreational activity.

Waiver of Liability
By agreeing to this Waiver, I acknowledge and agree, without limitation, to forever release or waive any rights that I or any associated parties may have against Santa’s Wonderland and/or sponsors and/or any related entities and associated employees, officers, contractors, staff or agents, including relating to any potential claims for any injury caused by any act, error, omission or negligence of Santa’s Wonderland and/or sponsors and/or any related entities and associated employees, officers, contractors, staff or agents, to the fullest extent allowed by law.

Your Compliance with Santa’s Wonderland Requirements:

You acknowledge and agree that:

1.              All children must be accompanied by a responsible adult at all times;

2.              Other than as set out in this Waiver, all Attractions must be used in accordance with the operator’s instructions;

3.              Your use of all Attractions is at your sole risk and you must wear appropriate clothing and closed-in footwear at all times;

4.              You are responsible at all times for your own personal property brought to the Santa’s Wonderland event;

5.              There are a number of inherent dangers and risks associated with using or engaging in a number or all of the Attractions;

6.              Some Attractions involve physical activity and exertion and you are responsible for ensuring you are fit and able to use or engage with any Attraction;

7.              You are responsible for your own safety, and the safety of your dependants, at all times whilst at the Santa’s Wonderland event and/or using the Attractions;

8.              You will comply with all signs and directions displayed at the Santa’s Wonderland event, as well as any verbal directions or instructions given to you, and/or your dependants, by us or any official whilst at the Santa’s Wonderland event and/or when using or engaging with any Attraction;

9.              You must not use, engage with or otherwise operate any Attraction whilst under the influence of alcohol or drugs;

10.           You are strictly prohibited from bringing into the Santa’s Wonderland event or into or on to any Attraction any dangerous goods or items including but not limited to:

a.              Knives;

b.              Fireworks;

c.              Smoke canisters;

d.              Air-horns;

e.              Flares;

f.               Weapons;

g.              Dangerous or hazardous items;

h.              Laser devices;

i.               Bottles/ glass vessels/ cans;

j.               Opened bottles of drink/liquid (unopened bottles of water will be accepted);

k.              Poles;

l.               Drones; and/or

m.            Any article that might be used as a weapon and/or compromise public safety.

11.           CCTV and film cameras may be present at the Santa’s Wonderland event and you consent to you and your dependants being photographed, filmed and/or recorded and for all such images or recordings being used in distribution (commercial or otherwise) in perpetuity without any payment, including but not limited to photos and recordings taken by Santa’s Wonderland event photographers which may be used for advertising and marketing purposes;

12.           Any person may be denied entry to, or removed from the Santa’s Wonderland event or any Attraction, at our sole discretion, including but not limited to any breaches of COVID-19 legislation or regulation;

13.           In the event of an emergency, you will follow all instructions and directions from stewards, staff and other officials;

14.           To the extent permitted by law, we take no responsibility for any harm, distress, inconvenience or anxiety caused to you or any of your dependants whilst at the Santa’s Wonderland event or caused by your use of any of the Attractions;.

Agreement
By agreeing to this waiver, I acknowledge, understand and agree that  the Attractions are an inherently dangerous activity and that I am entering a contract forever releasing Santa’s Wonderland and all related parties from any potential claims caused by any act, error, omission or negligence of Santa’s Wonderland or related parties.

These terms shall be governed in accordance with the laws of the State of Victoria.