If you come onto, attend, occupy and/or use the Basketball Area for any purpose, including without limitation to play basketball (‘Recreational Activity’) then you acknowledge that you are bound by these Terms.
You acknowledge that the Recreational Activity may be dangerous with inherent risks and hazards and as a consequence personal injury and sometimes death can occur, and you accept all such risks. In participating in the Recreational Activity, you agree and acknowledge that your rights to sue 88QB under Australian Consumer Law or the Fair Trading Act 2012 in the event youare killed or injured because the Recreational Activity was not supplied with due care and skill or was not reasonably fit for purpose, are excluded, modified or restricted by these Terms. The change to your rights does not apply if your death or injury is caused by the reckless conduct or gross negligence of 88QB, as supplier.**
You must not engage in the Recreational Activity irresponsibly (including, without limitation, swinging from the basketball ring) or without due consideration for your own safety and the safetyof any other person. 88QB and its associated entities are not liable to you, your dependents or legal representatives for personal injury or death suffered by you because of you undertaking the Recreational Activity (the 88QB Entities) and expressly disclaim any liability associated with your participation in the Recreational Activity. To the maximum extent permitted by law yourelease 88QB from all and any liability relating to any physical or mental injury, death arising from or connected to your Recreational Activity.
* The basketball court area located on part of the land at 84-90 Queens Bridge Street, Southbank, Victoria 3006 (the Basketball Area) is operated by 88 Queens Bridge Pty Ltd ACN 641 328 387 (88QB)** ** 88OB also includes any related or associated entities.