TERMS OF ENTRY AND LIABILITY WAIVER
(MUSEUM OF ILLUSIONS)
These are the terms and conditions of entry to the Museum of Illusions situated at Shop 6, 413-421 George Street, Sydney, Australia (the “Museum”) and operated by MOI Sydney Pty Ltd ACN 684 349 200 (hereafter collectively referred to as “MOI Sydney” or “we”, “us”, or “our”).
By purchasing a ticket to enter and or entering the Museum, you, the buyer and all persons who enter the Museum with you pursuant to a ticket purchased by you (including any minors in your care) agree and accept these terms and conditions of entry and give the release of liability and indemnity contained in this document.
To the extent that a person who enters with you has not reviewed these terms and conditions, you, the buyer, agree that you are responsible for communicating these terms to them. If that person is a minor in your care, you consent to the minor entering the Museum upon these terms.
Upon entry of the Museum, you and any person who enters with you may be asked to execute a document confirming having read and understood these terms and conditions. Guests are otherwise taken to have accepted these terms and conditions if entering the Museum following being made aware of these terms and conditions via purchase or other notification, including posted signage.
1. Museum Entry and Risks
1.1 The Museum is an active busy place involving visual, sensory, and educational experiences, exhibits, and activities (together, “Activities”). Some Activities may involve vibrations, balance disruptors, flashing lights, variable audio, and other effects designed to exploit gaps in guest senses which may cause stability imbalance, vertigo or other sensory disruption. Some Activities require a certain degree of skill, ability and physical condition and can pose risk to persons who do not have the necessary degree of skill, ability or physical condition.
1.2 While we believe the Activities to be safe for most attendees, you are responsible for evaluating your own physical and mental fitness for the Activities and that of your other guests, including minors.
1.3 We believe that the Museum experience is not suitable for:
a) persons who suffer from blindness or partial blindness;
b) persons who suffer from epilepsy, light or audio sensitivity, or other sensory vulnerabilities;
In addition, persons who suffer from physical disabilities, including use of wheelchairs, may only be able to access and participate in part of the Museum experience.
Persons who enter the Museum under these conditions accept all risks associated with participating in Activities which may include risk of serious injury or death.
1.4 Prams and bassinettes may be required to be left at the entrance and your infant carried during the Museum experience. It is your responsibility to have a suitable carrier to avoid risk of injury to your infant.
1.5 Bags and backpacks may also be required to be left at the entrance, depending on size and make, as determined by our Museum staff on inspection.
1.6 MOI Sydney does not accept risk of loss or damage to property that is required to be left at the entrance and cannot enter the Museum.
1.7 Entry is not permitted to unaccompanied minors. Children under the age of 13 must be accompanied by a parent, guardian or responsible adult.
1.8 Animals are not permitted other than service animals including guide dogs. Please notify Museum staff before your visit. The service animal must be on a leash or harness at all times unless it interferes with its ability to perform its service. The service animal must be toilet trained and in good health.
1.9 By entering the Museum, you represent that:
a) you are not under the influence of any alcohol, drugs or medications that would alter the senses or judgment;
b) you are not aware of any physical, emotional, or other condition such as claustrophobia, a heart condition, back condition, history of seizures, and/or sensitivity toward flashing lights that would create a hazard to you or others as a result of participating at the Museum; and
c) you are physically fit and able to undertake conditions involved in participating at the Museum of Illusions.
2. Guest dress standard, conduct and adherence to directions
2.1 In order to enter the Museum you must comply with minimum dress standards including a shirt, shorts/trousers/skirt and footwear. Activities may involve physical exertion. You accept any risk of injury or embarrassment if engaging in Activities in unsuitable attire.
2.2 The Activities should not be combined with alcohol or other recreational drugs, which are prohibited from Museum premises. Smoking is prohibited within the Museum premises.
2.3 You must not bring into the Museum any firearms, weapons, sharp objects, gasses, acid liquids or other items or substances that may cause damage to the Museum or harm to other guests. You must not bring into the Museum glassware, food (including commercially prepared food), beverages, eskies or coolers.
2.4 You must follow all posted signage and any verbal or written instructions of Museum staff during your visit to the Museum. You must be respectful toward Museum staff and other guests. Violence, disorderly conduct and aggression will not be tolerated.
2.5 You must not deface or damage Museum property in any way. You should interact with Activities only in accordance with the instructions posted or otherwise for their intended purpose or having regard to the inherent requirements of the Activity.
2.6 You and your party may be refused entry to the Museum or be removed from Museum premises if our staff believes that you are in breach, or are likely to breach, these requirements.
3. Use of images, information and privacy
3.1 When within the Museum you may be presented with the opportunity to take photographs of yourself and your party via Sharingbox photobooth services (“Sharingbox”). Sharingbox is a third-party technology provider used in connection with this optional photo experience. Use of Sharingbox is entirely optional and is not a condition of entry. If you choose to use Sharingbox, photographs taken during your session, together with your name and email address where provided, may be collected and processed for the purpose of creating and delivering the photographs to you. Sharingbox stores and processes this information in connection with the service and makes the collected information available to MOI Sydney. Personal information provided through Sharingbox will be handled in accordance with our Privacy Policy and any applicable Sharingbox privacy notice.
3.2 In addition to Sharingbox, we may take photographs or other audiovisual recordings of the Museum and/or Activities for security, operational or promotional purposes. Where reasonably practicable, we will provide notice, for example through signage or staff, where photography or recording is occurring. If we wish to use an identifiable image or recording of you as a featured subject in advertising or other promotional materials, we will seek separate consent where appropriate. Incidental inclusion in general venue or crowd photography may occur.
3.3 Where reasonably necessary for ticketing, age or concession verification, security, fraud prevention or compliance with law, we may ask you to provide or show evidence of identification. We will not copy or record identification information unless it is reasonably necessary and lawful to do so. Where we collect identification information, we will notify you of the purpose of collection and handle that information in accordance with our Privacy Policy.
3.4 Using Sharingbox, purchasing a ticket or entering the Museum does not, by itself, grant MOI Sydney an unrestricted right to use your photograph, likeness, image, voice or appearance for advertising or other marketing purposes. Where MOI Sydney seeks to use an identifiable image or recording of you as a featured subject for marketing or promotional purposes, we may ask you to provide separate, voluntary consent. Any such consent is not a condition of Museum entry or of receiving photographs from Sharingbox. Where the subject is a minor, consent may be sought from a parent or guardian with authority to provide that consent.
3.5 If you provide separate consent for a specified promotional use, the relevant consent will describe the intended use and any applicable conditions. Unless otherwise stated in that consent, you will not be entitled to payment or prior approval of the final material. Nothing in these Terms limits any rights or remedies that cannot lawfully be excluded or waived.
3.6 Personal information collected by MOI Sydney will be collected, used, disclosed, stored and otherwise handled in accordance with our Privacy Policy available at https://moisydney.com/privacy-policy/ . Where personal information is collected through a third-party provider, including Sharingbox, relevant collection and privacy notices may also apply. Providing an email address solely to receive Sharingbox photographs will not, by itself, be treated as consent to receive marketing communications. Where we seek your consent to receive marketing communications, we will ask for that consent separately, and you may withdraw it or unsubscribe at any time.
3.7 Any images that you take during your experience at the Museum must be taken only on your personal devices and for your own personal use and enjoyment and not for commercial purposes. We reserve the right to prohibit the taking of images in certain parts of the Museum including use of flash photography in certain Activities.
3.8 You acknowledge that all aspects of the Museum, including Activities, exhibits and all images and styling contained in the Museum is the subject of copyright and other intellectual property rights of MOI Sydney and you shall not reproduce or assist any other person to reproduce, with variation or otherwise, any item the subject of our intellectual property rights.
4. Assumption of Risk and Limitation of Liability
4.1 You acknowledge that your entry to the Museum and participation in the Activities is entirely voluntary and that you enter and enjoy the Museum and its Activities at your own risk. You are personally responsible for your safety and actions and those of your party including minors in your care while at the Museum.
4.2 By entering the Museum you agree for yourself and on behalf of your party including minors to accept and assume all of the risks existing in these Museum and its Activities, both known and unknown, whether caused or alleged to be caused by the acts or omissions of MOI Sydney.
4.3 With full awareness and appreciation of the risks involved, you, for yourself and your guest party including minors within your care and each of your and their family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue MOI Sydney in connection with any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by you or your party including minors in your care while participating in any Activity or otherwise while in, on, or around Museum and/or while using any Museum facilities, tools, equipment, or materials.
4.4 You agree to indemnify, defend, and hold harmless MOI Sydney from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including legal fees) arising either directly or indirectly from or related to your and your guest party’s entry and use of the Museum, except to the extent caused by any negligent act or omission of MOI Sydney.
4.5 Should MOI Sydney or anyone acting on its behalf, be required to incur legal fees and costs to enforce this release and indemnity, you agree to indemnify and hold them harmless for all such legal fees and costs.
5. COVID-19 and other diseases
5.1 By entering the Museum you warrant that none of you or your party are presently affected by COVID-19 or have any other symptoms of disease or ill health. For the avoidance of doubt, we reserve the right to refuse entry to any person who presents with symptoms of COVID-19 or any other illness.
5.2 You acknowledge that the Museum will be frequented by various patrons and that diseases are not always detectable. You accept any risk of you or your party contracting COVID-19 or any other illness from contact with others at the Museum, whether or not MOI Sydney is deemed to have taken any required precautions.
6. Adequate Insurance; Emergency Medical Care
6.1 Whilst we hold public liability insurance for our Museum premises, such insurance may be limited by certain events or circumstances. You agree that you will bear the costs of such injury you suffer that is not the subject of our public liability coverage or that results from your failure to adhere to these terms and conditions including safety directions and signage.
6.2 In case of your injury or the injury of your party guests including minors, you authorize and consent to emergency medical care and transportation to obtain treatment as Museum personnel may deem appropriate. You expressly agree to be financially responsible for such care and acknowledge that you are solely responsible for carrying your own health insurance and hospital cover.
6.3 You acknowledge that MOI Sydney staff will have limited medical training. The waiver and release of liability in these terms and conditions extends to any liability arising out of or in any way connected with any medical treatment and transportation offered or any failure to provide such treatment or transportation, whether arising from the negligence of the MOI Sydney or otherwise.
7. Ticket purchase, validity and refund
7.1 Ticket prices listed on our website are subject to change without notice. Certain tickets may be offered at varying prices depending on ticket conditions.
7.2 When purchasing a ticket online, you adhere to the terms and conditions of any point of sales system used by our website in addition to these terms and conditions of entry.
7.3 Our Museum tickets may be issued for a prescribed date or time. Except where the ticket permits entry at a different or variable date or time, for example, yearly, seasonal or variable pass tickets, the ticket will be forfeited if not used at the prescribed date and time and any variation of the ticket, refund or re-issue is at our discretion. It is recommended that you arrive at the Museum at least 10 minutes before your scheduled entry time.
7.4 Except where we are required to permanently close the Museum, tickets to the Museum are not refundable and any refund will be in our discretion. If we are required to temporarily close the Museum or for any other reason very your ticket, we reserve the right to provide you with credit for entry to the Museum on another occasion.
7.5 Except where we are required to permanently close the Museum, tickets to the Museum are not refundable and any refund will be in our discretion. If we are required to temporarily close the Museum or for any other reason very your ticket, we reserve the right to provide you with credit for entry to the Museum on another occasion.
8. Law and Enforceability
8.1 These terms and conditions and your entry to the Museum will be governed by the law of New South Wales, Australia. These terms and conditions will be enforced to the maximum extent allowed under the applicable law. If any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of remainder.
8.2 Any representation, warranty, condition or undertaking that would be implied in these terms and conditions by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law.
8.3 Nothing in these terms and conditions excludes, restricts or modifies any condition, warranty, right or remedy which may be conferred by the Competition and Consumer Act 2010 (Cth) that cannot be excluded, restricted or modified by agreement.
9. Further enquiries and complaint handling
9.1 If you have any questions regarding these terms and conditions or our operations or for any other communications with us concerning your Museum entry, you may contact us at any time in person at the Museum or to:
Enquiries – MOI Sydney
Address for postage: Shop 6, 413 George Street, Sydney, NSW, 2000
Telephone: +61 0406229782
Email: [email protected]
9.2 We refer you to our Privacy Policy and Complaints Handling Policy available at https://moisydney.com/.