General waiver, indemnity and limitation of liability:
Please read this agreement carefully. It is a legally binding document. It affects your legal rights and contains releases of liability and a waiver of your legal rights.
In consideration of Hamilton Island Enterprises Limited ACN 009 946 909 (‘Provider’) allowing the named participant/s to take part in the activity known as the Hamilton Island Clownfish Club, the participant acknowledges and agrees that they are bound by the following terms:
General Terms and Conditions:
1. The participant acknowledges and agrees that:
(a) they participate in the activity entirely at their own risk;
(b) the activity is being undertaken for the purposes of recreation, enjoyment or leisure, which involves obvious and inherent risks to the participant or people in their care or control, as well as a significant degree of physical risk, including the risk of personal injury or death;
(c) they are undertaking the activity freely, voluntarily and at their own risk with full appreciation of the nature and the extent of all risks and requirements involved with the activity;
(d) prior to participating in the activity the risks and requirements have either been explained to them orally or they have been provided to them in writing;
(e) they fully understand the risks and requirements for the activity;
(f) in the event they or any person in their care or control find themselves in difficulty, they are to stop the activity or request that the activity be stopped (as the case may be), and seek assistance;
(g) they do not have any pre-existing medical conditions or injuries which might affect their ability to participate safely in the activity;
(h) if they develop any medical conditions or injuries during the activity or preparing for the activity they must inform the Provider immediately;
(i) at the time of signing this agreement and during participation in the activity, the participant will not be under the influence of or affected by, alcohol, medications or drugs (whether legal or illegal) that may adversely impact the participant’s participation in the activity;
(j) if they are asked to observe any signs or directions relating to the activity that they will do so;
(k) the Provider has an unfettered right to end the participant’s involvement in the activity or to refuse to allow the participant to participate in the activity if the Provider considers in its absolute discretion that the participant has or may act in a way which is unsafe or reckless.
2. To the extent permitted by the law, the participant agrees to release, indemnify and hold harmless, Hamilton Island Enterprises Limited and its related entities (Provider) and its current and former officers, Associates, employees, contractors, sub-contractors/consultants (including their respective employees and contractors) and agents against, from and in respect of all expenses, costs, liabilities, claims, actions, proceedings, damages, judgments and losses of any kind whatsoever (including but not limited to consequential and economic losses, property loss/damage and damages for injury, including personal injury and death) arising out of, caused by, attributable to or resulting from the participants participation in the Hamilton Island Clownfish Club except to the extent such expense, cost, liability, claim, action, proceeding, damage, judgement or loss arose out of, was caused by, attributable to or resulted from the Providers negligence or wrongful act/omission.
3. To the extent permitted by law the aggregate of the Providers liability to the participant is limited to an amount not exceeding the amount paid by the participant for participation in the Hamilton Island Clownfish Club.
4. Each indemnity in these terms and conditions is a continuing and independent obligation and survives the termination or expiry of these terms and conditions.
5. All of the clauses in this agreement are to be construed individually and should any one of these clauses or parts thereof become invalid or unenforceable or be otherwise severed from this agreement, the remaining clauses shall remain valid and enforceable and such clauses will be determinative of the liability of the participant, the Provider and its Associates (except to the extent any statute may provide otherwise) relating to the participants participation in the Hamilton Island Clownfish Club.
6. Where the participant is under the age of 18 years of age or otherwise under a legal disability, the legal guardian signs and enters into this agreement on behalf of the participant. All references to 'participant' in this agreement will be taken to be reference not only to the participant but also to the legal guardian on behalf of the participant.
7. In this agreement: 'Associates' means any associated or related entity of the Provider, or any employee, servant, agent, director, volunteer, or officer of the Provider or an associated or related entity of the Provider.
8. The terms and conditions may be executed in any number of counterparts and where the parties sign by electronic means, the parties agree that they have each consented to the agreed method of execution and may not subsequently challenge this method.
At various times the Provider may collect personal information about you and/or persons accompanying you during your stay at Hamilton Island. The Provider handles all personal information in accordance with its privacy policy and applicable privacy laws. The Hamilton Island Privacy Policy is available at
https://www.hamiltonisland.com.au/privacy-policy for your review.
By signing this agreement the participant acknowledges that:
1. They are bound by the terms and the Hamilton Island Privacy Policy;
2. Participation in the activity may cause them to suffer personal injury or death;
3. To the best of their knowledge, the provided information is true and accurate
Agreement of Enrolment:
I hereby accept that all information provided is correct at time of enrolment at the Hamilton Island Clownfish Club and has true bearing on health and care of my child.
- In case of sudden illness or accident whereby parents/guardians cannot be contacted, staff shall seek immediate medical advice to their discretion. All medical expenses incurred will be payable by the parent/guardian.
- I give Clownfish Club staff the permission to temperature check my child/ren on arrival and while they are attending Clownfish Club.
- Guaranteed attendance is available with prior booking only.
- Late pick up of children will result in a fee ($20 per 15 minutes)
Operational Conditions of Attendance
By enrolling my child in Clownfish Club, I acknowledge and agree that:
- My child must be booked into the correct room based on their age at the time of attendance. Siblings will only be accommodated in the same room if they are in the same room specified age bracket.
- If my child is booked into an incorrect room on the basis of their age, the booking will be cancelled on arrival, the child will not be admitted into the room, and a refund will not be provided.
- If my child is unable to follow group guidelines or their behaviour impacts the safety, wellbeing or enjoyment of others, I will be required to collect my child.
- While every effort is made to help my child settle, attendance for the full session cannot be guaranteed. If my child remains unsettled, I understand that I will be contacted to arrange early collection and will not receive a refund for the session.
- For Nursery bookings, I understand that I must remain on Hamilton Island at all times and be available for collection of my child within half an hour of a call from staff, if required.
- If my child is not fully toilet trained, they must attend the session in a nappy. If they have an accident during the session, they will be changed into a nappy.
- Smart devices, including mobile phones and smartwatches, are not permitted during sessions. My child may request staff assistance to contact me or another a parent or guardian if needed.
- I understand that Clownfish Club is not a registered childcare centre and is not suitable for a child requiring one-on-one care and is not suitable to be used as a trial for a child who has not previously attended day care or similar kids club programs. I confirm that my child has attended day care or a similar kids club previously.
Attendance & Behaviour
Clownfish Club is a group-based kids’ club experience. Children are expected to follow team instructions and participate in activities in a way that supports the safety, wellbeing and enjoyment of others. These guidelines include (but not limited to):
- Speaking respectfully to Clownfish staff members and fellow attendees.
- Following instructions from Clownfish staff members
- Not running inside
- Not climbing on furniture
- Following the safety guidelines for the playground and jumping castle
- Adhering to maximum participant numbers for the playground, jumping castle and trampoline
- Zero tolerance for violent and aggressive behaviour
- Using resources respectfully
If a child is unable to follow these guidelines or their behaviour impacts the group or staff, parents or guardians will be contacted and required to collect their child.
Cancellations
Bookings must be cancelled at least 48 hours prior to the session start time to receive a full refund. Cancellations made within 48 hours will not be refunded.
Illness
Any child who has had the following: High temperature, vomiting, diarrhoea, conjunctivitis, heavy cold or any other contagious disease in the past 24 hours will not be admitted into the Clownfish Club. Your co-operation in preventing the spread of illness/disease among children in our care is very much appreciated.
Sunscreen
Sunscreen is available at the Clownfish Club and is reapplied if necessary. Please inform staff if you do not want this.
