Terms of Entry, Waiver of Liability and Acceptance of Risk

The Soft Play Room — The Hills of Rivermakers

This document (the “Agreement”) is a legally binding agreement between The Hills of Rivermakers (“The Venue”, “we”, “us”, “our”) and the parent or legal guardian (“Parent/Guardian”, “you”, “your”) of the child or children listed at acceptance (the “Child” or “Children”).

By accepting this Agreement — whether digitally or by signing a paper copy — you acknowledge, understand and agree to the following terms and conditions. If you do not agree, entry to The Soft Play Room cannot be granted.

1. Who The Soft Play Room Is For

1. The Soft Play Room is designed and equipped for children aged 1 to 5 years.
2. For the safety of all users, The Venue reserves the right to refuse or restrict entry to any child who appears to be older than 5 years, or where their presence may pose a risk to younger children using the space.
3. Access to The Soft Play Room is a complimentary amenity provided to guests who are paying customers of The Hills of Rivermakers Café or another Hills of Rivermakers outlet. Use of the space is conditional on your acceptance of, and continued compliance with, these Terms of Entry.

2. Supervision Responsibility

1. The Venue does not provide supervision of children in The Soft Play Room.
2. You are solely responsible for the active supervision, safety, conduct and wellbeing of your Child at all times while in the space. You must remain in the area and maintain line of sight of your Child.
3. You are responsible for ensuring your Child uses the equipment appropriately and does not endanger themselves or others.

3. Assumption of Risk

1. You acknowledge and understand that use of The Soft Play Room involves inherent risks of injury or harm, including but not limited to falls, collisions, trips, and interactions with other children.
2. You acknowledge that other patrons will use the space at the same time, and that The Venue cannot control the actions of other patrons or their children.
3. You agree that your Child’s participation is entirely voluntary and undertaken at your own risk.

4. Waiver of Liability

1. To the fullest extent permitted by law, you release, waive and discharge The Venue, its owners, directors, employees, agents, contractors and affiliates from any and all liability, claims, demands or causes of action arising from injury, harm, loss or damage to your Child (or to you) while using or in connection with The Soft Play Room, howsoever caused.
2. Nothing in this Agreement excludes, restricts or modifies any right, guarantee or remedy that cannot lawfully be excluded under the Australian Consumer Law, the Competition and Consumer Act 2010 (Cth), or applicable Queensland legislation. Where such rights cannot be excluded, The Venue’s liability is limited to the extent permitted by law.

5. Indemnity

1. To the extent permitted by law, you agree to indemnify and hold harmless The Venue and the persons listed in clause 4.1 against any claims, costs, expenses or liabilities arising out of your Child’s use of The Soft Play Room, or out of any breach by you of these Terms of Entry.

6. Conditions of Entry — Food and Beverages

1. Access to The Soft Play Room is provided as an amenity for paying customers of The Hills of Rivermakers Café and other Hills of Rivermakers outlets.
2. External food and beverages are not permitted in or around The Soft Play Room. Bringing external food or beverages is a breach of these Terms of Entry.
3. Where a guest brings external food or beverages, they are in breach of this Agreement and are no longer using the space on the terms under which access is granted. The Venue reserves the right to refuse entry, to require the external food or beverages to be removed, or to revoke access to the space.
4. To the fullest extent permitted by law, the release and waiver in clause 4 continues to apply, and The Venue accepts no responsibility for any loss, harm or reaction arising from external food or beverages brought into the space by a guest.

7. Accessibility and Disability Access

1. The Soft Play Room welcomes guests with disability and their children, and The Venue is committed to providing equitable access to the space.
2. Where a disability makes it difficult or impossible to complete the digital acceptance process, an accessible paper acceptance form will be provided on request. A paper acceptance carries the same effect as a digital acceptance under this Agreement.
3. Please speak to a team member if you require any reasonable adjustment to access the space or complete this Agreement.

8. Photography and Videography

1. From time to time, photography or videography may be captured within The Soft Play Room by photographers or videographers appointed and approved by The Hills of Rivermakers.
2. You acknowledge that such images or footage may include your Child, and you grant The Venue the right to use these images and footage for marketing, promotional and communications purposes across print, digital and social media channels.
3. If you do not wish for images of your Child to be used for these purposes, please notify a team member on arrival, or contact The Venue, and we will take reasonable steps to accommodate your request.

9. CCTV and Security Monitoring

1. For the security of guests and the protection of The Venue’s property and assets, CCTV cameras operate in and around The Soft Play Room and surrounding areas.
2. CCTV footage is captured and securely stored for a period of approximately 30 days, after which it is deleted in the ordinary course.
3. CCTV footage is used solely for security and asset-protection purposes. It is not used for marketing, promotional, analytical or any other purpose, and is not disclosed except where required or permitted by law.

10. Marketing Communications (Optional)

1. If you would like to receive marketing and promotional communications from The Hills of Rivermakers and its affiliated venues, you may opt in by ticking the marketing consent box at acceptance.
2. Ticking the marketing consent box is entirely optional and is not a condition of entry to The Soft Play Room. You may access the space whether or not you consent to marketing.
3. If you opt in, you may withdraw your consent at any time by using the unsubscribe function in any communication, or by contacting The Venue.

11. Collection of Technical Information

1. To confirm that this Agreement is being accepted by a genuine person and to maintain a reliable record of acceptance, The Venue collects and stores limited technical information at the time of digital acceptance, including your IP address, browser and device information, and a device fingerprint.
2. This information is collected and used solely to verify legitimate human acceptance, to prevent fraud or misuse, and to maintain an accurate record of agreement. It is handled in accordance with clause 12 (Privacy).

12. Privacy

1. Personal information collected through this Agreement is handled in accordance with the Privacy Act 1988 (Cth) and The Venue’s Privacy Policy.
2. We collect this information for the purposes of managing entry to The Soft Play Room, maintaining a record of acceptance, security, and — where you have opted in — marketing. We will not use your personal information for a purpose that is unrelated to those set out in this Agreement without your consent, except as required or permitted by law.
3. You may request access to, or correction of, the personal information we hold about you by contacting The Venue.

13. Medical Treatment

1. In the event of an emergency, you authorise The Venue to arrange or seek appropriate medical treatment for your Child where you are unable to do so.
2. You accept financial responsibility for any costs reasonably incurred in obtaining such treatment.

14. Governing Law

1. This Agreement is governed by the laws of Queensland, Australia, and you submit to the non-exclusive jurisdiction of the courts of that State.

15. Acceptance

1. By accepting this Agreement — digitally, or by signing a paper copy under clause 7 — you confirm that you are the parent or legal guardian of the Child or Children listed; you have read and fully understand these Terms of Entry; you accept them freely and voluntarily; and you understand that acceptance creates a legally binding agreement.

The Hills of Rivermakers reserves the right to amend these Terms of Entry at any time. The version accepted at the time of entry governs that visit.