Impact Wall: Terms and Conditions

Our Relationship

This Agreement is between Impact Wall and the Parent/Guardian of the birthday child, is legally binding and is governed by the laws of the state in which the birthday party venue resides. This agreement is binding until we receive notice of cancellation as per the paragraphs below. 

Payment of Fees

All fees for the birthday party venue are payable via bank transfer or direct debit from a credit card / bank account. Impact Wall and/or the service provider nominated by Impact Wall may charge a merchant service fee, administration and/or transaction charge and any other late payment charges if the details you provide to us or the service provider are incorrect causing a stop, incorrect drawing from or no payment from your account. Any failed payments will be re- processed on a date determined at Impact Wall's discretion.  Impact Wall reserves the right to terminate your party if full payment is not received five days before the party. 

Cancelling your Party

Prejudice to the other terms of this Agreement, we exclude liability to you for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), loss of goodwill or reputation, any other special, indirect or consequential losses or loss to third parties or consequential losses of any nature at all which may be suffered by you where that loss is incurred directly or indirectly as a result of this Agreement. 

3. Clause 2 applies to the entire Agreement and at all locations where parties are conducted by Impact Wall.


4. To the extent that the services provided by Impact Wall are “recreational services” for the purposes of section 68B of the Trade Practices Act 1974 as amended or replaced from time to time (whether by the Trade Practice Amendment (Australian Consumer Law) Act (No. 2) 2010 or otherwise), or an equivalent provision of State or Territory legislation, we can and do exclude liability for death or personal injury caused by a contravention of the Implied Terms. 

Statutory Conditions

Impact Wall acknowledges that the Trade Practices Act 1974, as amended or replaced from time to time (whether by the Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 or otherwise), and similar State and Territory legislation, confers certain rights and remedies on you in relation to the provision of goods or services (‘Implied Terms”) by Impact Wall under this Agreement which cannot be excluded, restricted or modified by agreement. Impact Wall does not exclude, restrict or modify the Implied Terms and the limitations or exclusions in the Liability section of this Agreement do not apply to the Implied Terms. Impact Wall does however otherwise exclude all other conditions, warranties and guarantees implied by custom, the general law or statute. 

Impact Wall Advertising and Promotional Material

If you are selected for promotional material, then this clause constitutes a Talent Waiver where you agree that we may take any photographs or make an audio or video or digital recording of you or your children at a Impact Wall event and use that material in any promotions in print, photography, reproduction of scripts, radio, television, internet streaming, internet sites of Impact Wall or any third parties we consider appropriate. All copyright in this material will reside with us and that you waive your rights to receive any royalties or fees should we use your image in any promotional materials we (or another party on our behalf) produce. 

Changes to the Agreement

Impact Wall may change the terms of this Agreement and/or the Fee by giving you 10 (thirty) days written notice. If we change this Agreement, you can terminate this Agreement if you can demonstrate that such change is detrimental to you and the change was not one that was expressly permitted by law. 

Please keep your records up to date

Please ensure that you keep us promptly informed of any change to your contact or payment details. We will not be responsible for any event relevant to your enrolment due to a failure by you to notify us of any relevant changes. Impact Wall communicates information via email and as part of this service you must have a valid email account. 

Other

If any provisions of this Agreement are deemed void, invalid, illegal or unenforceable for any reason, that clause may be severed without affecting the enforceability of the other provisions of this Agreement which Agreement shall, to the maximum extent permitted by law, continue to be valid and enforceable. 

Definitions used in this Agreement

Agreement means this Agreement
Impact Walluswe, means Tennis Quest Pty Ltd ABN 79 606 405 869 of Building
121, Entertainment Quarter, Moore Park, New South Wales, 2021
Child, means the Child attending an Impact Wall party. For all Children under the age of 18 years, all terms set out in this Agreement are the responsibility of the Parent and/or Guardian of the Child. 
You means the parent (if you are 18 years or over) or the Parent/Guardian of the Child if the Child is under 18 years of Age. Unless otherwise stated in this Agreement all clauses relate to the Child and/or the Parent/Guardian of the Child. 

You may cancel your membership at any time by providing us with written
of your intention to do so. Your cancellation will be effective on the last day
term in which you provide us with the cancellation notice. Therefore, your deductions will continue until the full term’s fees are paid. 

Missed or Cancelled Parties

Impact Wall does not offer refunds or make-up parties for any missed or cancelled parties once a deposit or full payment is received. If we need to cancel a party at short notice we will refund you the full amount you have paid including the non-refundable deposit or offer an alternative date to host the party. 

Health of a Child

We accept children on the assumption that they are in good health and fitness. It is your responsibility to notify Impact Wall of any medical complaint or history suffered by the child that may prevent that child from engaging in any physical or active or passive exercises or routine. 

Impact Wall Expects Good Behaviour

Impact Wall wants every child to have a safe and enjoyable experience, therefore we reserve the right to terminate this Agreement without notice for behaviour by the child or the children’s Parent/Guardian that is (in the reasonable opinion of Impact Wall) verbal abuse, intimidation, discrimination, harassment, extortion, threats/acts of physical violence (or any other acts of unacceptable behaviour) towards fellow children, Parents/Guardians, Impact Wall employees or employees of Venues where Impact Wall parties are held. In the event that we terminate your party under this clause, we may charge you a reasonable fee if any damage occurs inside the venue. 

Liability

1. Except where to do so would contravene any law or cause any part of this clause to be void or unenforceable, or for breach of an Implied Term, we exclude liability:- for any loss or damage that the Child or you may suffer due to any errors or omissions on any Application or Registration Form provided by Impact Wall to you (such as Emergency Contact, Health and Allergies) at the commencement or during the party (and any extension) where that form is completed by you or by another person looking after the Child (subject to clause 4 of this liability clause) for death or personal injury or illness to a Child arriving at, attending or leaving an Impact Wall party or any activity related to the Impact Wall party venue (whether organised by Impact Wall or a third party on behalf of Impact Wall) except in the circumstances where the death or injury or illness is caused by the gross negligence or wilful default of any employee of Impact Wall or any other default on behalf of Impact Wall for any loss or damage suffered by the Child or you which is caused by a third party that is not in any way related to the service provided by Impact Wall to the Child in accordance with this Agreement for any loss or expense due to any circumstances beyond our control, which may include (but is not limited to) an act of god, delays in public transport, weather, quarantine, strikes or other industrial action, terrorism, fire and riot for any loss of, or damage to any personal property belonging to you or the Child except where such loss shall be caused by the gross negligence or wilful default of any employee of Impact Wall or any other default on behalf of Impact Wall. 

2. Except where to do so would contravene any law or cause any part of this clause to be void or unenforceable, or for breach of an Implied Term.