Terms & Conditions

The Player and Gallo Bros acknowledge and agree that:

1. In this Agreement:
   1. “Agreement” means this document.
   2. “Equipment” means the equipment required by the Player to participate in the Game.
   3. “Fee” means the amount determined by Gallo Bros and communicated to the Player, which may be subject to change.
   4. “Game” refers to the virtual reality game, including the Equipment and any facility associated with the operation of the Game.
   5. “Game Area” means the area within which the Game must be played.
   6. “Player” means the person specified as the Player on this Agreement.
   7. If a provision of this Agreement is void or unenforceable it must be severed from this Agreement and the provisions that are not void or unenforceable are unaffected by the severance.

Binding agreement

2. This document is an agreement between the Player and Gallo Bros and is binding upon them.
3. By signing this Agreement, the Player unconditionally accepts the terms and conditions contained in this Agreement.
4. Gallo Bros shall be taken to be a party to this Agreement upon receiving a signed copy of the Agreement.

Commencement and expiry of Agreement

5. This Agreement commences, and is taken to be binding on the parties, when the Player returns a duly executed copy of this Agreement to Gallo Bros and Gallo Bros provides the Equipment to the Player.
6. This Agreement expires at the earlier of the time the Equipment is returned by the Player to Gallo Bros, or the time Gallo Bros terminates this Agreement.

Parties’ obligations and acknowledgments

7. In consideration for Gallo Bros providing the Player with the Equipment to the Game and granting the Player permission to play the Game, the Player acknowledges and agrees to comply with the terms of this Agreement, including but not limited to granting the indemnity in favour of Gallo Bros.
8. The Player must pay the Fee to Gallo Bros prior to receiving the Equipment.
9. The Equipment is only issued to paid Players. The Player must not provide the Equipment to other persons or permit other persons to use the Equipment.
10. Gallo Bros reserves the right to terminate the Game at its absolute discretion without reason and without notice.
11. User rights are not transferable and are personal to the Player.
12. No exclusive use or access is granted under this Agreement.
13. Gallo Bros does not guarantee availability of the Game under this Agreement. Play may be denied at any time due to the operational or other requirements of Gallo Bros.
14. The Player agrees to adhere to any policies, procedures, rules or directions, whether verbal or written, implemented by Gallo Bros, and acknowledges that any breach of those policies, procedures, rules, or directions will constitute a breach of this Agreement.
15. Gallo Bros may not provide monitoring or supervision of the Game, at particular times or at all. If a Player is under 18 years of age they must be supervised by a parent or guardian over 18 years of age at all times.
16. The Player acknowledges and agrees that if Gallo Bros installs closed circuit television (“CCTV”) to monitor the security, use and safety of the Game, the Player expressly consents to the collection, use and disclosure of the CCTV by Gallo Bros in accordance with all privacy legislation and Gallo Bros policies. Gallo Bros may for its own purposes use video taken in the Game without further permission of the Player. The Player specifically agrees that Gallo Bros may use video without the further permission of the Player. Such purposes may include investigation of breaches of these conditions of use and any laws. Gallo Bros may provide any footage to the Queensland Police Service or other entities for further investigation if required.

Warranties and releases of liability

The following provisions are very important provisions about your health, safety and use of the Game.

17. The Player agrees that its use of the Game is solely at their own risk, and the Player uses the Game and all associated facilities on an “as is where is” basis.
18. The Player warrants that they are physically and medically fit to participate in the Game and that they have sought advice from medical professionals about their suitability to carry out such activities. The Player warrants that they do not suffer from epilepsy or similar conditions.
19. The Player warrants that it will use the Equipment safely and consistently with the manufacturer’s requirements and only within the Game Area.
20. The Player acknowledges that there may be inherent dangers and high risk to persons and property posed by factors including but not limited to the following, and the Player understands and accepts those risks when using the Game:
    1. the nature of the Game including any Equipment;
    2. the condition of the Game including any Equipment;
    3. the presence of hard and/or uneven surfaces and the consequent risk of trips, slips and falls;
    4. the risk of any part of their body coming into contact with other surfaces and the consequent risk of injury;
    5. the intentional, careless, reckless or negligent acts and omissions of other persons within the Game Area, including persons not authorised to be there.
21. Gallo Bros (including its employees, representatives, contractors or any associated entity who performs services on behalf of Gallo Bros) is not liable to the Player in contract, tort or otherwise whatsoever for any loss or damage (including consequential loss) to any person or property arising from the occupation of the Game Area and use of the Game by the Player or others, including but not limited for:
    1. death, illness or injury suffered by the Player or any other person, howsoever caused; or
    2. loss or destruction of or damage to property, howsoever arising.
22. The Player indemnifies Gallo Bros from and against any claim, damage, loss or expense suffered by Gallo Bros or others as a result of the use of the Game by the Player.

Breach and Termination

23. Gallo Bros may terminate this Agreement immediately upon notice to the Player in the event of the Player’s breach of a term of this Agreement. If Gallo Bros terminates this Agreement, then any Equipment must be returned and any Fees paid shall be forfeited.

General Provisions

24. The Player acknowledges and agrees that this Agreement is personal to the Player, and the Player cannot assign or transfer their rights under this Agreement, and this Agreement does not confer rights on any other person other than the Player (including, without limitation, any invitees or guests of the Player).
25. In entering into this Agreement the Player acknowledges and agrees that they are not relying on any oral or written representations or statements made by Gallo Bros with respect to the safety of the use of the Game other than what is set forth in this Agreement.

Legal Advice

Gallo Bros requires the Player to obtain independent legal advice prior to accepting this Agreement. The Player expressly warrants that they have obtained independent legal advice and enter into this Agreement willingly and without duress.