Mind Trap (ABN 72 630 548 266), as the supplier of virtual reality simulation services, sells booking slots and supplies all virtual reality simulation services and facilities to you (the customer) including, but not limited to gaming, simulation walk throughs, training exercises, use of motion capture and tracking technology, use of wearable computing technology, use of wireless controllers, use of haptic feedback technology, use of head mounted virtual reality displays, use of free roam virtual reality simulation technology and equipment, recreation and waiting areas, equipment rental and maintenance, use of tracking spaces and the presence of people and objects therein, the surrounding areas and any other associated activities, hereby known as the simulation activities in any Mind Trap premises subject to the following conditions:
1.1. By purchasing a booking slot for yourself or by using/entering any of the facilities at any Mind Trap premises, the customer agrees to be bound by these conditions.
1.2. Mind Trap, its employees, directors and agents are not liable to the customer, your dependants or legal representatives for personal injury or death suffered by the customer because the simulation activities were not supplied with due care and skill or were not reasonably fit for their purpose or because of the negligence, breach of contract, statute or statutory duty by Mind Trap. Persons entering onto Mind Trap premises and/or participating in their virtual reality simulation services, agree to indemnify Mind Trap, its employees, directors and agents against any loss or liability, cost, expense or damages arising from, or in relation to the entry by said person(s) to Mind Trap premises. Mind Trap, its employees, directors and agents are not liable, nor do they accept any responsibility for any loss or damage whatsoever to any person or property or the death of or injury suffered to any person entering the premises, because the simulation activities were not supplied with due care and skill or were not reasonably fit for their purpose or because of the negligence, breach of contract, statute or statutory duty by Mind Trap.
1.3. The customer acknowledges that the simulation activities are dangerous with many inherent risks and hazards and as a consequence personal injury and sometimes death can occur and the customer assumes and accepts all such risks and hereby waives the right to sue Mind Trap for any personal injury or death in any way whatsoever caused by or relating to the customer’s participation in such activities.
1.4. RISK WARNING: The use of tracking spaces, head mounted virtual reality displays, free roam virtual reality simulation technology and equipment or any other equipment and technology at any Mind Trap premises involves a risk of customers suffering personal injury including the possibility of serious injuries, permanent disability or death. All Customers who engage in such simulation activities do so at their own risk.
1.5. The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission.
1.6. The customer agrees to pay the cost of and authorises Mind Trap to take all steps it considers reasonably necessary to protect his/her welfare in the event of personal injury, including the administration of any emergency medical treatment and ambulance transportation.
1.7. Customers less than 18 years of age must be accompanied by a responsible adult to use the facilities at any Mind Trap premises. Where you are accompanying such children you agree to be bound by these conditions on their behalf.
1.8. Customers agree they are in good health and free from any adverse medical conditions. For safety reasons, pregnant women, customers with pre-existing health issues (including but not limited to epilepsy, genetic heart conditions) or wearing casts are not permitted to use tracking spaces, head mounted virtual reality displays, free roam virtual reality simulation technology and equipment or any other equipment. If in doubt, please seek medical advice. Staff reserve the right to refuse service to any customer who has indicated they have a pre-existing health issue or medical condition which could cause harm to either themselves or other customers if they were to use any virtual reality simulation services, products or facilities provided by Mind Trap.
1.9. While in any Mind Trap premises you consent to images, voice and video being taken for security or with consent for promotional purposes of yourself, your children or of children for whom you are responsible.
1.10. The Customer and all customers must comply with all signs or other directions of Mind Trap and it may suspend or cancel the customer’s and a participant’s access to simulation activities at any Mind Trap premises in its absolute discretion for non-compliance with these conditions, or for reckless or careless conduct.
1.11. If you purchase a ticket for the use of the tracking spaces, head mounted virtual reality displays, free roam virtual reality simulation technology and equipment or any other equipment or facilities at any Mind Trap premises on behalf of another person, you and that other person both agree that you make that purchase as the authorised agent of that other person so that he/she will be bound by these conditions.
1.12. The customer agrees to pay the cost of and authorises Mind Trap to take all steps it considers reasonably necessary to recover costs related to equipment damage, premises damage, theft or vandalism. Costs recovered will either be the service fee, full repair cost or replacement whichever is greater as assessed by HTC Vive service department.
1.13. Mind Trap, its employees, directors and agents reserve the right to refuse service to anyone for any reason at any time.
1.14. Mind Trap is committed to providing flexibility during the COVID-19 pandemic. For bookings cancelled with 24 hours noticed, a full refund will be provided. If a customer from a group is not able to attend, a refund for that customer will be provided if the session goes ahead. If a group cancels a booking with less than 24 hours notice, a $50 non-refundable fee will be retained to cover services and staff.
1.15. Bookings may be cancelled and all monies refunded if it is not commercially viable to run.