Risk Acknowledgement, Safety Undertaking and Release

This Risk Acknowledgement, Safety Undertaking and Release (“Acknowledgement and Release”) applies to the hire and use of soft play equipment, outdoor games, ball pits, mats, foam blocks, tunnels, climbing pieces, ride-on toys, fencing, accessories and related hire items supplied by Joyful Little Spaces.

This document records your acknowledgement, as a customer of this business, of the ordinary risks of children’s play and event hire activities, your responsibility for active adult supervision, and your agreement to follow the safety rules and reasonable directions of Joyful Little Spaces.

1. Acknowledgement of risk

• You acknowledge that children’s play, soft play activities and outdoor games involve inherent and obvious risks, even where equipment is properly installed and used with reasonable care.
• Those risks include slips, trips, falls, collisions, rough play, misuse of equipment, entrapment, choking or suffocation risks in or around ball pits, allergic reactions, heat exposure, impact from game pieces, contact with hard surfaces or surrounding objects, and injury caused by inadequate supervision or unsafe behaviour.
• Joyful Little Spaces cannot continuously supervise children or guests during the hire period unless a separate staffed supervision service has been expressly agreed in writing.
• Active supervision by a responsible adult is required at all times while children are using, or are able to access, equipment supplied by Joyful Little Spaces.

2. Customer undertakings

You agree that, during the hire period:

• a responsible adult must actively supervise the equipment at all times while it is in use or accessible;
• soft play equipment must only be used by children aged 0 to 3 years, unless Joyful Little Spaces agrees otherwise in writing;
• outdoor games must only be used by persons over 3 years of age and in a safe and age-appropriate manner;
• the setup area must remain safe, clean, level, dry and suitable for the equipment;
• outdoor soft play must remain in a location approved by Joyful Little Spaces and must not be exposed to unsafe weather, heat, moisture, mud, damp grass or ground conditions;
• the equipment must not be moved, altered, reconfigured, dismantled or misused;
• you must ensure all children, guests, parents, guardians, carers, venue staff and supervising adults comply with the Soft Play Terms of Use, Customer Safety Rules and any reasonable safety direction given by Joyful Little Spaces.

3. Incident, injury or equipment fault

• You must stop use immediately if any equipment appears unsafe, damaged, unstable, wet, excessively hot, contaminated or unsuitable for continued use.
• You must notify Joyful Little Spaces as soon as practicable of any injury, incident, equipment fault, damage, loss, contamination or safety concern.
• You must not attempt to repair damaged equipment unless Joyful Little Spaces gives express instructions to do so.
• Where an incident or damage occurs, you should preserve relevant information, including photographs of the setup area, equipment and alleged hazard or damage.

4. Release and indemnity

• To the maximum extent permitted by law, you release Joyful Little Spaces and its owners, employees, contractors and agents from liability for loss, damage, injury, illness or death arising from misuse of the equipment, failure to supervise children, failure to comply with the safety documents, unsafe site conditions, unauthorised relocation or alteration of equipment, or the conduct of your children, guests or invitees, except to the extent caused by Joyful Little Spaces’ negligence, wilful misconduct or breach of law.
• You agree to indemnify Joyful Little Spaces and its owners, employees, contractors and agents against claims, losses, liabilities, expenses and costs arising from your breach of this document, the Soft Play Terms of Use, Customer Safety Rules or Terms & Conditions, or from the acts or omissions of your children, guests or invitees, except to the extent caused by Joyful Little Spaces’ negligence, wilful misconduct or breach of law.
• This clause is not intended to exclude, restrict or modify liability that cannot lawfully be excluded, restricted or modified.

5. Australian Consumer Law and non-excludable rights

• Nothing in this document excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or any other applicable law.
• The customer acknowledges that this document is intended to allocate responsibility for safe use, supervision and site control during the hire period, not to remove any non-excludable legal rights.

6. Customer declaration and acceptance

• I have read and understood this Acknowledgement and Release.
• I agree to comply with this document, the Soft Play Terms of Use, Customer Safety Rules and Terms & Conditions.
• If applicable, I am authorised to accept this document on behalf of the person or organisation making the booking and, where applicable, on behalf of parents, guardians, guests and invitees attending the event.
• I accept responsibility for active adult supervision and safe use of the equipment during the hire period.