Welcome to
The Ghan Experience
Entry Waiver
Participant Waiver and Release of Liability for The Ghan Activation Audio-Visual Experience
Thank you for participating in our unique audio-visual activation experience (“The Ghan Activation”). To ensure the safety, comfort, and enjoyment of all participants, we (Experience Australia Group Pty Ltd trading as Journey Beyond) require you to carefully read, understand, and sign this waiver form. Your signature (which includes an electronic acceptance or similar) acknowledges your acceptance of the terms below and confirms your willingness to participate in The Ghan Activation Experience on those terms.
1. Description of the Experience
The Experience involves immersive sensory elements, including but not limited to:
- Flashing lights and strobe effects.
- Loud and dynamic soundscapes.
- Unique scent-based experiences.
- Interaction with props, displays, and/or confined spaces.
- Outdoor conditions, including potential exposure to heat due to summer weather.
This activation will be hosted at Queensbridge Square, Melbourne.
2. Potential Risks
While we have taken measures to ensure the safety of all participants, The Ghan Activation may involve inherent risks, including:
- Seizures or other symptoms triggered by flashing lights or strobe effects.
- Hearing sensitivity or discomfort due to loud sounds.
- Sensory overload from intense light, sound, and smell.
- Tripping hazards or physical injury from navigating the space.
- Discomfort due to high temperatures in outdoor areas.
By signing this waiver, you acknowledge and accept these risks.
3. Health Conditions
Participation is not recommended for individuals with:
- Photosensitive epilepsy or other light-triggered conditions.
- Hearing impairments or sensitivities.
- Respiratory issues, allergies, or sensitivities to scents.
- Anxiety or other conditions that may be impacted by intense sensory stimuli.
If you have any of the above conditions or other health concerns, please inform a staff member before participating. It is your responsibility to assess your ability to safely participate.
4. Emergency Protocols
In the event of a medical issue, please notify the nearest staff member immediately.
5. Release of Liability
By signing this form, you agree to forever waive any claims and agree not to hold Journey Beyond, its employees, contractors, and affiliates (Released Parties)liable for any damages or liabilities arising from your participation in The Ghan Activation, whether caused by any negligence, breach of contract, breach of statutory duty or otherwise by any of the Released Parties, or the materialisation of any inherent or other risks of the Ghan Activation, except in cases of gross negligence or wilful misconduct on the part of the Released Parties.
Statutory Exclusion of Liability
If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 are excluded, restricted or modified in the way set out in this form, if you are killed or injured because the services provided were not in accordance with the statutory guarantees outlined below.
Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you-
- are rendered with due care and skill; and
- are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
- might reasonably be expected to achieve any result you have made known to the supplier.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the exclusion of these statutory guarantees is brought to your attention by this form.
NOTE: 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. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
6. Rules and Code of Conduct
Participants must:
- Follow staff instructions at all times.
- Avoid tampering with or damaging equipment.
- Refrain from any form of antisocial or disruptive behaviour.
- Ensure proper supervision for participants under 18 years old.
- Acknowledge that failure to sign this waiver will result in denial of participation.
- Take all necessary precautions to navigate the space safely and avoid tripping hazards.
Failure to comply with these rules may result in denial of entry or removal from The Ghan Activation.
7. Age and Parental Consent
- Participants must be at least 18 years old to sign this waiver.
- Participants under 18 must be accompanied by a parent or legal guardian who will assume responsibility and sign on their behalf.
8. Media Release
The Ghan Activation may be filmed or photographed for promotional purposes. By participating, you consent to the use of your image, likeness, or recordings by Journey Beyond and its licensees in any medium without any entitlement to royalties. Please inform staff if you do not wish to be in potential media.
9. Agreement
By selecting “Yes” on the waiver form in the QR management system, you acknowledge that this action serves as your electronic signature, confirming that you have read, understood, and agreed to the terms outlined in the waiver.