Feld Entertainment (Australia) Pty Ltd ABN 49 083 865 409 (“Promoter”) produces and presents live touring family entertainment experiences including a show known as Disney on Ice. As part of the Show members of the public (“Participant” or “you”) are provided with the opportunity to sit in a sledge in the get up of a cart (“Cart”) and to be moved around the ice rink on which the Show is presented, that ride being known as the Disney On Ice Turtle Rock Cart Ride (“Cart ride”).
Participants either purchase tickets for the Cart or win a ride in the Cart as part of a promotion.
Participation in the Cart ride is subject to the terms and conditions set out below and the general terms and conditions applying to the Show and any promotion associated with the Cart and/or Show (“Terms and Conditions”).
The Terms and Conditions might affect your legal rights in connection with the Show and Cart ride. You are invited to take the time to get legal advice. Such advice can be freely obtained from a community law centre or a citizens advice bureau or in some cases the government agencies that oversee consumers’ rights or provide a forum for complaints. You can also obtain advice from a lawyer but they will generally charge you.
You acknowledge that before the Show or the Cart ride, you have the right to negotiate the Terms and Conditions and provided that any variation is agreed to in writing, the Terms and Conditions as varied by the parties in writing shall govern their relationship in connection with the Cart ride. The parties acknowledge there is no obligation on either of them to negotiate or agree to any variation to the Terms and Conditions and in the absence of a variation recorded in writing, the Terms and Conditions as unamended shall apply to the Cart and the Cart ride.
By agreeing to ride in the Cart, Participant agrees to these Terms and Conditions as they apply to the Cart and the Cart ride.
- The age range for the children participating in the ride must be 4 to 10 years old. Children under the age of 4 or over the age of 10 are not permitted to ride in the cart
- Due to the size of the vehicle, wheelchairs are unable to ride in the cart.
1 The following general terms and conditions apply in addition the others in these Terms and Conditions.
1.1 The Promoter may license promotion, production or presentation of the Show to a Licensee.
1.2 Where the Promoter is not producing or presenting the Show itself the Promoter is not conducting the business or undertaking responsibility for the Cart ride. As between the Promoter and the Licensee, the Licensee will be solely responsible for conducting the business or undertaking responsibility for the Cart ride.
1.3 The Promoter and Licensee will ensure that the Licensee promoting, producing and presenting the Show will be identified.
1.4 Reference to the Promoter in the other provisions of these Terms and Conditions is a reference to the Promoter, the Promoter’s Associates and any Licensee together with the directors, officers, employees, agents and contractors of the Promoter, the Promoter’s Associates and any Licensee together with any person for whom the Promoter, the Promoter’s Associates and/or any Licensee has legal responsibility.
1.5 The Participant is responsible for each Participant’s Group Member. The Participant warrants the Participant is a person legally responsible for each of the Participant’s Group Member, is able to enter into this Agreement on behalf of or in connection with the Participant’s Group Member and agrees to be responsible in all respects for each Participant’s Group Member. Reference in this Agreement to the Participant includes the Participant’s Group Member.
1.6 The Participant agrees there is no obligation on the Promoter to run the Cart ride in any Show.
1.7 The participation of a Participant’s Group Member in the Cart ride is at the absolute discretion of the Promoter.
1.8 The participation of a Participant’s Group Member in the Cart ride can be withdrawn by the Promoter at any time before or during a Cart ride and a Participant’s Group Member may be refused access to or removed from the Cart by the Promoter at any time. Other than a refund of any price actually paid by the Participant to participate in the Cart ride (which the Participant agrees will be the Participant’s sole remedy), the Promoter will not be liable for any loss, cost or other harm suffered by a Participant or a Participant’s Group Member nor shall the Promoter be liable to satisfy any claim by or pay any compensation to a Participant or a Participant’s Group Member for the Promoter exercising the Promoter’s discretion under this clause.
Participant’s Acknowledgement of Risk
2. Participant acknowledges that the Cart ride is a recreational activity undertaken during the Show and the Participant further acknowledges that participation in the Cart ride by the Participant and/or the Participant’s Group Member (subject to the acknowledgement in “Participant’s Warranty regarding unaccompanied Participant’s Group Member” below) involves (a) activities on and near ice; and (b) risks which include any Obvious Risk and the following notified risks:
2.1 a Participant’s Group Member travelling in the Cart unaccompanied by the Participant or an adult;
2.2 stumbling, slipping and/or falling and/or coming into physical contact with another person or persons while entering, being seated in, travelling in or exiting the Cart (“activities”) due to an action or failing to act by Participant or Participant’s Group Member or by a person assisting, or meant to assist Participant’s Group Member to undertake the activities;
2.3 travelling to and from the place where the Cart ride is to occur;
2.4 anything being thrown by a person including a person on the ice or a member of the audience at or toward or near the Cart ride, the Participant, the Participant’s Group Member or any person on the ice during the Cart ride;
2.5 if outside the Cart and on the ice, stumbling, slipping or falling or coming into physical contact with the ice and, or another person or persons caused by, or arising from, being on the ice including arising from an action or failing to act by the Participant or the Participant’s Group Member or by any person or persons on the ice;
2.6 a person on the ice propelling, or meant to be propelling, the Cart, failing to guide or properly controlling (partly or at all) the direction or movement of the Cart ride;
2.7 a collision or action being taken to avoid or minimise the risk of collision between the Cart and a person on the ice or any other thing on the ice;
2.8 the Cart failing to remain on the ice or leaving the ice, either fully or partially;
2.9 any coming into contact with a person that has, or persons that have, an infectious or contagious illness or disease;
2.10 the Cart not having methods of adequately restraining those travelling in the Cart,
In this section, propelling the Cart includes manually pulling or pushing the Cart, putting the Cart in motion, accelerating or decelerating the Cart, turning the Cart, and bringing the Cart to a stop. To the extent permitted by Law, Participant voluntarily (a) assumes and shall ensure that each Participant’s Group Member voluntarily assumes all Obvious Risks and Notified Risks and (b) assumes sole responsibility and decision making in respect of the safety and welfare of Participant’s Group Member in relation to the Cart ride. This includes to the extent permitted by law voluntarily assuming risks of any and all loss, injury or damage caused by, or arising from, an Obvious Risk or a Notified Risk.
Participant’s Warranty regarding unaccompanied Participant’s
3. The Participant warrants that having regard to Obvious Risks and Notified Risks and the other terms of this Agreement, the Participant will only nominate and allow Participant’s Group Member for involvement in the Cart ride who are likely to be suitable for that involvement without being accompanied by the Participant. A reference in this Agreement to participation by the Participant in the Cart ride excludes the Participant being on the ice, or in or near the Cart during the Cart ride.
Exclusion of liability
4. To the extent permitted by Law, neither of us is liable to the other for any liability loss, cost, damage, injury, expense or demand whatsoever and howsoever caused (including by breach of contract or tort, by default or negligence, pursuant to any occupier’s liability and by breach of privacy rights) arising from the participation by the Participant and the Participant’s Group Member in the Cart ride.
5. Each party releases and indemnifies the other from any liability loss, cost, damage, injury, expense or demand whatsoever and howsoever caused (including, without limitation, by breach of contract or tort, by default or negligence, pursuant to any occupier’s liability and by breach of privacy rights) and arising from the participation of the Participant and/or the Participant’s Group Member in the Cart ride.
6. If, notwithstanding the preceding subsections, either party becomes liable to compensate, or does so compensate, the other party for any liability, loss, cost, damage, injury, expense or demand arising from the participation in the Cart ride by the Participant’s Group Member, then the parties agree that their liability to each other is limited to the cost of the Cart ride.
7. If clauses 4 to 6 for any reason do not apply, the Promoter as a corporation supplying recreational services in Australia is permitted in Australia under sections 64 and 139A of the Australian Consumer Law to limit liability for death or personal injury in relation to the supply of those recreational services and, to the extent permitted by Law, the Promoter limits its liability for death or personal injury in relation to the supply of those recreational services to AUD100,000 per occurrence.
8. The Promoter in entering into this Agreement is, and shall be deemed to be, acting as agent on behalf of and for the benefit of the Promoter’s Associates and, to this extent, the Promoter’s Associates shall be deemed to be a party to this Agreement.
Depictions and Recordings and privacy
Assignment of rights
10. If required by the Promoter the Participant assigns and shall procure the assignment of any right which the Participant or the Participant’s Group Member have in the Recordings or the Depictions.
11. Without limiting the “Participant’s Warranty regarding unaccompanied Participant’s Group Member” above, the Participant agrees to be bound by the procedures and specifications for the Cart ride, including the Promoter’s requirements in the interests of safety including the maximum weight, size or height of a Child permitted to participate in the Cart ride (“the Child’s characteristics”) which may be advertised as part of the Promoter’s promotion of the Cart ride and otherwise notified to the Participant prior to (or if reasonably appropriate during) the Cart ride. Devices which are required by individuals for mobility, such as wheelchairs, cannot be accommodated in the Cart for safety reasons.
12. This Agreement and those requirements embody the entire agreement between the parties and supersede any prior agreement or understanding between the parties. There are no agreements, representations, warranties or conditions, oral or written express or implied between the parties other than those set forth or provided for in these express terms or as varied in writing by the parties.
Applicable Law and Jurisdiction
13. This Agreement is subject to and will be interpreted under the laws of the State where the Show attended by you occurs and the parties irrevocably submit to the jurisdiction of that State irrespective of where the parties reside.
14. The Participant agrees to do all acts and execute all documents reasonably requested by the Promoter to give effect to this Agreement.
Survivorship of sections
15. The Promoter and Participant acknowledge and agree that the foregoing sections survive termination or discharge of this Agreement by either party for any reason.
16. In this Agreement headings are for convenience only and do not affect interpretation and unless the context indicates a contrary intention:
“Cart”, Cart ride”, “Notified Risks” and “Promoter” have the meanings given above;
“Child permitted to participate in the Cart ride” means a person between the ages of 4 and 10 years of age who meets the Child’s characteristics in clause 11;
“ice” includes the ice rink and other locations on which performers perform;
“ice rink” includes a gate or other access point to the rink and any surround or border delineating the rink;
“Law” means the law of the State where the Show occurs and in Australia includes the Australian Consumer Law as well as any applicable State and Federal law to that State;
“Licensee” means that person authorised by the Promoter to promote, produce or present the Show;
“Obvious Risk” means a risk that is generally known as arising from the Cart ride or which ought to be reasonably known to Participant or Participant’s Group Members;
“Participant’s Group Member” means any person nominated by the Participant to participate in the Cart ride;
“Promoter’s Associates” includes any or all of:
(a) The Walt Disney Company; Buena Vista Theatrical Group Limited; Ringling Bros Barnum and Bailey Combined Shows Inc (with each corporation individually described as a “Principal”) and any related body corporate of the Promoter or a Principal within the meaning of the Australian Corporations Act 2001 or New Zealand Companies Act 2003;
(b) a body corporate which is not an Australian or New Zealand body corporate but which, if both the Promoter and that body corporate were Australian or New Zealand body corporates, would be a related body corporate to the Promoter within the meaning of the Australian Corporations Act 2001 or New Zealand Companies Act 2003;
(c) a body corporate that is engaged in a joint venture with the Promoter;
(d) a Licensee; and
(e) any director, officer, employee, agent or subcontractor of the Promoter or of any the entities in paragraphs (a) to (d) inclusive.
“Show” means the Disney on Ice production that includes the Cart ride
“State” means the State or Territory of Australia where the Show attended by you actually occurs;
“Terms and Conditions” means the terms and conditions set out in this Agreement.
16.1 importing the singular include the plural (and vice versa), and references indicating a gender include every other gender;
16.2 to “person” include an individual, the estate of an individual, a corporation, an authority, an association or a joint venture (whether incorporated or unincorporated), a partnership and a trust;
16.3 to statutory provisions will be construed as references to those provisions as they may be amended or re-enacted or as their application is modified by other provisions from time to time; and
16.4 to “includes” in any form is not a word of limitation.