The golf simulator (Simulator) is provided by 574 St Kilda Road Pty Ltd as trustee for 574 St Kilda Road Unit Trust (Owner) for use only by tenants of 574 St Kilda Road (including their personnel) (Tenants) and their guests. 

By making a booking to use, and by using, the Simulator, you agree to be bound by this notice and the Owner’s Privacy Policy (available at www.574stkildaroad.com.au). If you make a booking to use the Simulator with another person, you and that other person both agree that you accept and agree to this notice as the authorised agent of that other person so that he/she will be bound by this notice.

Any Tenants must, 24 hours before their first use, create an account and register via SINE https://sine.co/wf/Cqcs3nLr for access permission to be granted added to their building access cards. 

Before using the Simulator with a guest, you must request your guest sign in using: https://sine.co/wf/bRmAq7vp, and ensure your guest accepts and agrees to this notice.  If they do not agree to this notice or you do not provide it to them, they must not use the Simulator or enter the Simulator room.

Tenants are responsible for their guest’s compliance with this notice and indemnify and will keep the Owner indemnified for any non-compliance. References to “you” below refer to the Tenant and their guests.

Please note that the Simulator room is under video surveillance. The Owner will use your personal information collected through the video surveillance as set out in our Privacy Policy. If you do not agree with this, you must not use the Simulator or enter the room. 

1. Rules of Use
   1. Maximum of two people in the Simulator room at any time. Any guests must be supervised by a Tenant at all times. All users and people in the Simulator room must be 18 years of age or older. 
   2. You must bring, and are solely responsible for, your own clubs. Your club faces must be clean and in good condition at all times.
   3. Before swinging any club, you must check your surroundings to ensure no person or obstacle is within your range of swing. You are responsible for your own actions when using your clubs, the Simulator, and the room. Your shot must be directed towards the hitting screen and done in the designated hitting area only.
   4. Please be respectful of other Tenants and keep games to a maximum of 30 minutes if someone is waiting.
   5. No food or drink is permitted inside the Simulator room at any time. You must not have any alcohol or recreational drugs in your system while using the Simulator.
   6. You must be in good health and fitness and have no pre-existing injuries or health issues. For safety reasons, pregnant women or persons with pre-existing injuries or health issues are not permitted to use the Simulator. If in doubt, seek medical advice.
   7. You must comply with all signs or other directions of the Owner. The Owner may suspend or cancel access to Simulator room in its absolute discretion for non-compliance with this notice, or for reckless or careless conduct.
2. Disclaimer
   1. The Simulator room is not actively monitored or supervised. The use of the Simulator and attendance in the room involves a risk of participants suffering personal injury including the reaggravating an existing injury, the possibility of serious injuries or permanent disability. You use the Simulator and room at your own risk.
   2. The Owner, its employees, directors and agents are not liable to you, your dependants or legal representatives for personal injury or death suffered by you or damage to any property or equipment because:
      1. (a) you or anyone using the Simulator did not follow the rules of use above; 
      2. (b) the Simulator was not otherwise used in a safe way by you or any other person; 
      3. (c) the Simulator malfunctions or does not operate as it should; or
      4. (d) the Simulator was not provided with due care and skill or was not reasonably fit for its purpose.
   3. You acknowledge that use of the Simulator may be dangerous with many inherent risks and hazards and as a consequence personal injury (including reaggravating an existing injury) can occur. You assume and accept all such risks and hereby waive the right to sue the Owner for any personal injury in any way whatsoever caused by or relating to your use of the simulator.
   4. You agree to pay the cost of and authorise the Owner to take all steps it considers reasonably necessary to protect its welfare in the event of personal injury, including the administration of any emergency medical treatment and ambulance transportation.
   5. You unconditionally and irrevocably agree: 
      1. (a) to hold harmless, indemnify and keep indemnified the Owner from and against any and all claims (including claims arising from the ordinary negligence of the Owner, its employees, or agents) arising from your use of the Simulator or attendance in the Simulator room; and 
      2. (b) to reimburse the Owner for any expenses incurred in connection with your use of the Simulator and attendance in the room. You further agree to pay all costs, including any legal fees, incurred by the Owner in investigating and defending a claim brought by you or on your behalf by your personal representatives, or assigns.
   6. Nothing in this disclaimer should be taken to exclude, restrict or modify the application of any condition, warranty, guarantee, right or remedy conferred or implied under the Competition and Consumer Act 2010 (Cth) including Schedule 2, the Australian Consumer Law or any other law, where to do so would contravene that law, or cause any part of this disclaimer to be void. 
   7. This notice and use of the Simulator is governed by the laws of the State of Victoria, Australia and you hereby agree to the exclusive jurisdiction of the courts of or in Victoria and courts of appeal therefrom.
3. WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012
   1. Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the Owner is required to ensure that the recreational services it supplies to you:
      1. (a) are rendered with due care and skill; and
      2. (b) are reasonably fit for any purpose which you, either expressly or by implication, make known to the Owner; and
      3. (c) might reasonably be expected to achieve any result you have made known to the Owner.
   2. Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the Owner is entitled to ask you to agree that these statutory guarantees do not apply to you. If you agree to this notice, you will be agreeing that your rights to sue the Owner under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this notice.
   3. 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.