terms and conditions
SMASH THERAPY PMQ – TERMS AND CONDITIONS
BETWEEN
MJRoyCo PTY LTD ACN 671 118 237 (The Company)
T/A
Smash Therapy PMQ ABN 57 671 118 237
of 31 Jindalee Rd Port Macquarie NSW 2444
(The Business)
AND
Each and all persons who use or intend to use the Services of The Business
(The User)
Smash Therapy PMQ ABN 57 671 118 237 provides the Smash Room object smash experience, website and its associated services. Smash Therapy PMQ allows users of its services to use the following Services: Use its website to access information and purchase tickets for admission to the Smash Therapy PMQ Smash Room and enter the Smash Therapy Room and smash breakable items.
Risk Warning
Recreational Activities, including the Smash Room, involve a significant risk of physical harm or personal injury including but not limited to part/permanent disability or death to a User or Third. Entering and any participation of the Smash Therapy PMQ Premises by a User or Third Party agrees to waive their right to sue the Company.
Do not participate if you have any medical conditions including but not limited to seizures, epilepsy, neck weakness, back weakness, heart conditions, broken bones, nervous disorders, motion sickness, pregnant etc. Consult your doctor if you are unsure if it is safe for you to participate.
Important Terms
Key Definitions
The following terms are used regularly throughout these Terms of Service and have a meaning (additional definitions are found in the General Conditions):
Agreement means these Terms of Service.
Attire means suitable clothing and attire to use the Smash Therapy PMQ Smash Room, including but not limited to, closed in and covered shoes and the specific safety attire provided by Smash Therapy PMQ inclusive of a full body coverall, cut resistant gloves, goggles/face shield and hard hat.
Booking means a booking to use the Smash Therapy Room.
Booking Fee means the Fee for a Booking.
Smash Therapy Room means the Smash Room operated by the company in which Users are allowed to smash Stuff.
Company means Smash Therapy PMQ ABN 57 671 118 237 or ACN 671 118 237.
Content means any written, video, audio or other material provided to a User, in which the Company holds Intellectual Property Rights.
Fee means any fee payable by a User for access to, or use of a Service.
Apparatus means any object used to smash Stuff, including without limitation, a baseball bat.Weapon means any object used to smash items, including without limitation, a baseball bat.
Privacy Policy means Smash Therapy PMQ’s privacy policy as updated from time-to-time.
Representative means an owner, employee, instructor, volunteer or other representative of the Company.
Service means any of the following where implied by context: Access to the information, tools and features available via the Site; Use of the Smash Therapy Smash Room; Providing the User with Stuff; and any other service provided by the Company to a User.
Site means the Company’s website accessible at http://www.smashtherapypmq.squarespace.com or any such other URL used by the Company from time-to-time.
Stuff means any objects or materials permitted by the Company to be broken in the Smash Therapy Room.
Third Party means any person that is not a User.
User means any or other user of a Service including but not limited to the customer, patron or visitor.
Agreement
This Agreement governs the use of the Site and Services by any User and limits the liability of the Company to any User. This Agreement has specific terms of use (in addition to the General Conditions) that apply to all Users. In addition to any other express or implied consents, by using the Site or any other Service, the User accepts and agrees to the terms of this Agreement.
The user acknowledges having read this Agreement and understands the terms contained within this Agreement.
Using the Smash Room
The User acknowledges that a risk of personal injury is inherent in the use of the Smash Therapy Room. The Company takes reasonable steps to mitigate the risks and make the Smash Therapy Room experience as safe as possible for each user. However, the User acknowledges that they use the Smash Therapy Room at their own risk.
In order to qualify to use the Smash Therapy Room, a User must:
• Be over the age of 16;
• Be in good health;
• Have no outstanding or untreated injuries;
• Ensure you listen to the safety briefing prior to your session;
• Wear safety gloves, goggles/face shield or helmet as provided by Smash Therapy PMQ;
• Not be under the influence of any drugs;
• Listen to the limitations as to number of people allowed within each Smash Therapy Room and abide by this policy;
• Not have consumed alcohol either on or off the premises;
• Be dressed in suitable Attire;
• Pay a Booking Fee for use of the Smash Therapy Room; and
• Agree to be monitored by CCTV footage within the Smash Therapy Room and the Smash Therapy PMQ premises.
A Booking Fee shall in default include:
The value of one unit of Stuff to be broken by a User in the Smash Therapy Room during a Booking; and The use of any safety equipment or Apparatus provided by the Company for use by the User in the Smash Therapy Room.
The Company may allow a User to supply their own Stuff subject to any pricing and additional terms the Company may set from time-to-time as:
Described on the Site; or
Determined by a Representative in their discretion.
The Company may charge the User an additional fee for any additional units of Stuff to be used during a Booking.
Any smashable items supplied by a User must be approved by a Representative of Smash Therapy PMQ prior to the User being allowed to use these items in the Smash Therapy Room.
If any items bought in by the User causes significant harm, injury or death Smash Therapy PMQ is not to be held liable.
The User may only break and/or smash items within the Smash Therapy Room, and must not:
Break and/or smash Stuff outside the Smash Therapy Room;
Damage any window, door, wall, light, floor, door handle or any other furniture, fixture or fitting at the premises where the Smash Therapy Room is located;
Damage anything a Representative specifically states not to;
Damage any camera equipment present in the Smash Therapy Room;
Use an Apparatus in a threatening manner toward any person;
Deliberately break or damage any Apparatus or safety equipment provided by the Company.
The Company may impose additional safety rules, and rules of conduct specific to a Smash Therapy Room, and any Stuff from time-to-time, which shall apply to each User of a Smash Therapy Room.
No User may use a Smash Therapy Room until the User has completed a safety briefing as required by the Company.
A User must notify a Representative of any health condition that could reasonably affect their ability to safely use the Smash Therapy Room.
The Representative may refuse a User Entry if they determine that the User may be unable to safely use the Smash Therapy Room.
The Company may provide a User denied access to use the Smash Therapy Room for health reasons and a refund at the Company’s absolute discretion.
Every User must comply with any direction given by a Representative.
No User may enter the Smash Therapy Room under the influence of drugs or any other substance that may affect the User’s ability to safely use the Smash Therapy Room.
A Representative may evict a User from a Smash Room in the event that the User:
Has failed to follow the reasonable directions of the Representative;
or presents a hazard to the safety and wellbeing of any person including themselves.
No items, whether broken or not, may be removed from the Smash Room, except for any unbroken items the User may have brought with them.
The Company may monitor the Smash Therapy Room to ensure the User’s safety and compliance with this Agreement.
The Company may use any footage recorded of the User.
Attire & Safety Equipment
Each User that uses the Smash Room must wear suitable clothing as directed by the Company, and in default a User’s attire must include fully enclosed shoes. User will only be permitted to use the Smash therapy Room while wearing a full body coverall/jumpsuit, safety goggles/mask, hard hat and cut resistant gloves as supplied by SmashTherapy PMQ.
Users of the Splatter Room must wear safety goggles at all times, and will be offered optional use of disposable poncho to protect clothing. Enclosed shoes are requirement of participation in the Paint Room.
A User must use the safety clothing and equipment provided by the Company, or such other additional safety equipment that the User supplies, subject to the approval of a Representative. Failure to comply with wearing safety gear will result in non-admittance, and will not be refunded.
Bookings
A User must make a Booking prior to using the Smash Therapy Room either via the Site or such other method accepted by the Company from time-to-time.
A Booking Fee shall apply to each Booking and must be paid in advance at the time the Booking is made.
The Company will provide the User with a confirmation for each Booking. If a User does not receive a Booking confirmation within 24 hours of making payment, the User should contact the company to ensure their Booking is confirmed.
Each User must arrive not less than 10 minutes prior to the scheduled commencement of their Booking in order to undertake a compulsory safety briefing and be fitted out in the safety equipment.
Each User must vacate the Smash Therapy Room promptly at the scheduled end time for their Booking to allow the Company to reset the Smash Therapy Room for the next user.
Sales, Specials and Promotions
All sales, specials and promotions are subject to availability and while stocks last. We reserve the right to end or withhold a sale, special or promotion at any time without prior notice.
Fees
Fees and Pricing apply as advertised on the Site for the use of each Service, and the terms of those Fees are set out in the General Conditions.
A User shall pay any applicable Fees as directed by the Company, including via:
The Company’s payment gateway on the Site;
At the Company’s premises;
or such other method as directed by the Company from time-to-time.
10% Surcharge on public holidays. If you are booking online the surcharge will be applied in store when checking in for your activity.
Notwithstanding any provision of this Agreement to the contrary, no refunds are offered except as required by law.
Cancellations, Rescheduling & No Show
Fees are non-cancellable and/or non-refundable once paid, refunds are only available when required by law.
Rescheduling of an appointment is permitted up to 48 hours before the appointment start time at no extra cost. If rescheduling within 48 hours of appointment start time a 50% rescheduling fee of your booking fee will apply.
A no show fee equal to the booking fee is applicable to all no show appointments.
User Terms of Use
Each User agrees and accepts that:
The User is solely responsible for their use of the Smash Therapy Room and each Service, and indemnifies the Company in the event that their use causes damage to property, personal injury, death, loss or harm whether direct or consequential to the User, the Company or any Third Party.
Under no circumstance will the Company be liable for any injury, illness, death or damage to property resulting from the Users use of a Service;
The User indemnifies the Company against all costs, claims damages and expenses for any personal injury, death or damage to property caused to the person or property of a Third Party as a result of the User’s use of a Service;
The User shall replace or reimburse the Company the value of any Company property that the User damages or destroys that is not Stuff, including without limitation any Apparatus, safety equipment, camera, window, door, wall, light, floor, door handle or any other furniture, fixture or fitting;
The Company may send a User emails, text messages, and/or push notifications regarding the Services and the Company’s business from time-to-time;
Any consent made by a User through the Site or via email is valid and binding unless and until revoked by the User, and the Company may rely on a consent made through the Site without any need to further verify the veracity of that consent;
The Site may be hosted on servers located outside Australia and may also use email servers located outside of Australia. Such services may host or transmit a User’s Personal Information; The User shall only use Content provided to them by the Company, for the purpose for which it was provided, and shall not otherwise infringe the Company’s intellectual property rights by copying or distributing the Content without the consent of the Company.
Electronic Transactions
The User agrees that when it provides any consent, authority or agreement through the Site it does so as an electronic transaction and warrants that such transaction shall be binding on the user and the company.
General
Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement.
Age
The Company may restrict access to the Smash Therapy Room to people under the age of 18, unless the consent of a parent or guardian is provided.
Photos & Videos
A Representative for the Company may take photos and/or videos during your booking and the photos and/or videos may be, but not limited to, uploaded to social media or used for advertising & promotion purposes. Your sessions will be recorded for security and safety purposes and participation in this activity is agreeance for this to occur.
Waiver
No clause of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
Governing Law
This Agreement is governed by the laws of the state of New South Wales. Each of the parties hereby submits to the non-exclusive jurisdiction of courts within the state of New South Wales.