Terms of Trade

General

  • This website, SkyPoint, and SkyPoint Climb are operated by Ardent Leisure Limited (ACN 104 529 106) trading as "SkyPoint" and "SkyPoint Climb" and the SkyPoint and SkyPoint Climb premises are owned by The Trust Company Limited as custodian of Ardent Leisure Trust (together referred to as "SkyPoint" or "SkyPoint Climb").
  • SkyPoint offers its customers guided, outdoor, all weather climbs over the top of the Q1 Building, Surfers Paradise (the "SkyPoint Climb").
  • The Terms and Conditions set out below, SkyPoint's Climber Disclosure skypointclimb.com.au, and SkyPoint's Privacy Policy skypointclimb.com.au (together with the "Climb Terms") govern your relationship with SkyPoint. Please ensure that you review all three policies prior to purchasing a ticket for the SkyPoint Climb, as the policies may contain limitations on your ability to safely participate in the SkyPoint Climb.
  • The Climb Terms are governed by the laws of Queensland, Australia and you agree to submit to the non-exclusive jurisdiction of the Courts of Queensland in relation to any dispute or action arising under the Climb Terms.

Terms and Conditions

Ticket Purchasing Conditions

  • Prices are subject to change without notice due to any changes in government charges, taxes or levies. All prices in AUD and include GST.
  • Tickets can be purchased through this web site by using a major credit card. Your credit card will be debited at the time of ordering.
  • Payment processing fee applies; reflecting bank fees and administration costs incurred by SkyPoint, for all credit card payments.
  • All credit card purchases are made through the ANZ Bank's secure payment facility. The service uses a 128-bit Secure Sockets Layer (SSL) protocol that was developed to protect confidential information such as credit card numbers and other financial data from interception and hacking. In the unlikely event that you believe any unauthorised use of your credit card has occurred, please immediately notify us by email and contact your bank directly.
  • Handle your ticket as you would cash. Be cautious if someone offers to sell you a SkyPoint ticket - it has no official resale value and may be an unauthorised copy. Tickets must not be transferred, resold, used as prizes, or used for any other commercial purpose.
  • Lost, damaged or stolen tickets cannot be replaced.
  • Discount vouchers are to be presented at the time of purchase.
  • Third Party Reseller vouchers are only valid for climb stated on voucher. They cannot be exchanged or upgraded to a different type of climb.
  • SkyPoint reserves the right to refuse any order placed for SkyPoint or SkyPoint Climb entry tickets.
  • Valid for entry during normal operating hours only (excludes special events). Please check our Altered Trading Hours page on the SkyPoint website skypointclimb.com.au.
  • Tickets purchased for reserved climbs cannot be changed less than [7 days] before the reserved climb time. Any change in the reserved climb is subject to availability and the discretion of SkyPoint management.
  • Management reserves the right to change terms and conditions at any time without notice.
  • Valid photo ID, and Credit Card used in purchase maybe be required for verification at entry. If unavailable, another credit card is required for security. Concession ID must be presented to validate any concession ticket.
  • You must arrive at SkyPoint at least 15 minutes prior to the departure time of your Climb for the purposes of checking in. If you arrive after the check in time SkyPoint reserves the right to refuse to allow you to climb, and you will not be entitled to a refund.
  • Climbers must be a minimum of 130 centimetres in height and weigh less than 136 kilograms fully clothed. Climbers may be required to undergo an assessment test to establish their capability to complete the Climb. Children must be aged 12 years and over, with every two (2) children between 12 and 15 years accompanied by one paying Adult Climber. Climbers over the age of 75 years will require a Medical Clearance Certification. Refer to the SkyPoint website for a copy skypointclimb.com.au.
  • SkyPoint reserves the right to cancel or reschedule any climb in its absolute discretion. If a climb is cancelled, you will be rescheduled subject to availability, or exchanged for a Gift Certificate. You release SkyPoint from any further claim relating to the cancellation or rescheduling of the climb, including but not limited to out-of-pocket expenses such as travel.
  • SkyPoint reserves the right to adjust operating hours and climb times without prior notice. SkyPoint are not responsible for lost, stolen or damaged property. By accepting admission with this ticket, you agree to be admitted at your own risk and release SkyPoint and Q1 building owners, lessees, managers and their respective employees, agents and contractors ("Q1") to the maximum extent permitted by law from any loss or damage to you or your property that might occur in the building, even if caused by neglect or fault of Q1. We may refuse admission to, or expel, any person whose conduct is objectionable.
  • To the extent permitted by law, SkyPoint hereby excludes all express or implied representations, conditions, warranties and provisions (Condition), whether based in statute, common law or otherwise, relating to provision of products and services pursuant to or as contemplated by the Climb Terms. If any Condition cannot be excluded, you agree that SkyPoint's liability is limited to (a) replacing the products, supplying equivalent products or repairing the products, paying the cost of replacing or repairing the products or of acquiring equivalent products; (b) supplying the services again or paying the cost of having the services supplied again; or (c) in the case of death or personal injury relating to the supply of recreational services, A$100,000 per occurrence.
  • If you have purchased your ticket from a reseller, you release SkyPoint in relation to any loss, damage, claim or expense arising from any misrepresentation, breach of contract by, or act or omission of the reseller. You further acknowledge that if you are entitled to a ticket refund, that refund must be obtained from the reseller and you release SkyPoint from any refund claim.
  • Gift certificates are valid for 12 months from the date of purchase and are not redeemable for cash. SkyPoint is entitled to discontinue any product or service offering at any time, and any gift certificate may be used towards a substitute product or service to the same value.

Conditions of Entry

  • Entry is subject to all conditions contained in the SkyPoint Climb Terms and referred to on ticket and at the front entry to the SkyPoint and SkyPoint Climb premises.
  • No animals may be brought onto the premises.
  • Management reserves the right to inspect bags on entry and exit, and to refuse entry or remove guests for failure to comply with any condition of entry.
  • SkyPoint takes all reasonable steps to provide you with a safe and enjoyable experience. However SkyPoint will not be liable for any person in respect of any loss of or damage to the personal property of, or the loss of life or personal injury to, any person, whether that loss, damage or personal injury is caused by any person's negligence (including the negligence of SkyPoint) or otherwise, and this includes loss of or damage to equipment or personal items that are stored in SkyPoint lockers or storage areas. This exclusion of liability does not apply to liability which cannot by law be contracted out of, for example, because of the Competition and Consumer Act.
  • Adults / Carers are responsible for persons under their supervision and we recommend that you consider the decision to allow children to enter SkyPoint unaccompanied.
  • The view from SkyPoint and SkyPoint Climb may be altered or restricted from time to time by adverse and changing weather conditions. The view can change without notice please check on the day, before entering.
  • No eskies, glassware, or commercially prepared food or beverages can be brought into SkyPoint.
  • SkyPoint visitor numbers are capped to prevent overcrowding. Entry is on a first come, first served basis. When SkyPoint reaches capacity we can't permit further entries.
  • You must at all times be respectful of the privacy and amenity of the residents of the Q1 Building. Making loud noises, such as yelling or screaming is strictly not permitted and SkyPoint retains the right to remove you from SkyPoint or a SkyPoint Climb if you do not comply with this condition.

SkyPoint Climb

Climbers must be aware of, and be able to understand the following details in order to consider their ability to participate in the Climb:

  • Moderate effort is required with fitness and strength levels suitable for traversing inclines of between 30 and 65 degrees for approximately 110 metres at a slow to medium paced walk
  • Total number of stairs to climb is approximately 280
  • Climbers have occasional rest stops during the Climb, but will not have access to seating, water, shade or toilets
  • Climbers ascend to a maximum height of approximately 270 metres above street level
  • Climbers must be able to climb up, and reverse backwards down a step ladder at an angle of approximately 65 degrees
  • The duration of the Climb is broadly 50 minutes preparation, 25 minutes outdoors on the Climb and 20 minutes return and completion
  • At height, Climbers may be subject to mild to moderate adverse weather and elevation conditions associated with climbing at this level and should ensure they are fit enough to withstand such conditions.
  • All Climbers are required to meet a minimum height requirement of 130cms and children aged between 12 and 15 years inclusive must be accompanied by a responsible full paying adult (maximum 2 children per responsible adult).
  • Children under 12 years of age are not permitted to climb.

Health and Safety information

You should read this health and safety information and the further information in the Climber Disclosure skypointclimb.com.au in full before accepting SkyPoint's Terms and Conditions and purchasing a ticket to participate in the SkyPoint Climb.

You will not be able to participate in the Climb if your health, physical or psychological condition or any other personal factor may endanger or risk your health and safety, or that of other climbers or SkyPoint staff or negatively affect your ability to complete the climb unassisted. Please note that even if you believe you are able to safely participate, SkyPoint Climb may in its sole discretion, refuse to allow you to climb.

All participants will be required to complete SkyPoint's Climber Disclosure skypointclimb.com.au and provide any relevant medical approvals prior to being allowed to climb.

To help you consider your suitability to participate in the Climb, we advise that SkyPoint Climb does not allow customers to participate in the Climb if they:

  • Are greater than 20 weeks Pregnant
  • Suffer from Broken Bones or severely Impaired Limbs
  • Have recently undergone Surgery or have been under the effect of Sedatives or General Anaesthesia within the last 48 hours
  • A limb, joint or back injury that currently affects fitness, strength or ability to climb independently
  • Suffer from Vertigo, Dizziness or Balance problems
  • Suffer from a Heart or Cardiovascular condition that has been diagnosed within the last 6 weeks or for which the customer is not following a medical practitioner's Medical Condition Management Plan
  • Suffer from Chest Pain or Shortness of Breath
  • Suffer from Epilepsy and are within 6 months from having been diagnosed
  • Have suffered a Fit, Seizure or Fainting Episode in the past 6 months
  • Have suffered from Syncope or Blackouts in the last 12 months
  • Suffer from Acrophobia (true fear of heights)
  • Register a blood-alcohol reading of 0.05% or higher during the compulsory breath test
  • Are considered by SkyPoint staff to be under the influence of substances or drugs (whether prescription or not)

SkyPoint Climb also advises that the following conditions may prevent any person from safely participating in the Climb experience. If any of these do, or could possibly apply to you, you should seek advice and clearance from a medical practitioner before climbing:

  • All Heart or Cardiovascular conditions (including high or low blood pressure)
  • All Respiratory Conditions
  • Back, Limb or Joint Injuries or conditions impacting stair climbing ability
  • Visual impairment (other than those who wear prescription glasses or contact lenses)
  • Learning Conditions
  • Epilepsy
  • Sleep Conditions
  • Kidney or Renal Condition
  • Neurological Conditions
  • Acute Gastrointestinal problem
  • Pregnancy
  • Any other medical condition or health concern which may affect or cause you to doubt your fitness, strength or ability to complete the Climb independently.

If any of the above conditions apply to you, SkyPoint requires that you obtain written approval from an appropriate medical practitioner prior to purchasing a ticket for SkyPoint Climb. If you are unsure or have any queries, please speak to a SkyPoint Climb team member or a medical practitioner.

Further detailed information relating to medical conditions, medical clearance requirements and safety considerations is contained in the Climber Disclosure skypointclimb.com.au. Please review this further information before making a decision to purchase a ticket, as you will be required to complete and sign the Climber Disclosure before being allowed to climb.

Notwithstanding the above, SkyPoint reserves the right to refuse participation in the SkyPoint Climb to any customer that SkyPoint believes, in its sole discretion, may suffer from a medical condition or be under the influence of alcohol or a substance or drug that may adversely impact upon the customer's ability to safely complete the SkyPoint Climb.

Customer declaration

By purchasing a ticket for SkyPoint Climb I declare that:

  • I have read and understood the Climb Terms in full and I understand the contents of the Climb Terms. I acknowledge that SkyPoint Climb may refuse to allow me to climb, or may remove me from the Climb if I do not comply with the Climb Terms, and in such case my ticket price will not be refunded.
  • I have reviewed the Climb Description and health and safety information provided, and I have assessed (both personally and with my medical practitioner where necessary) my health and abilities, and I am confident that I am able to complete the Climb as required.
  • I am confident that my participation in the Climb will not endanger or risk my health and safety, and that of other climbers and SkyPoint staff and that I can complete the climb unassisted.
  • I have (or will prior to climbing) disclosed to SkyPoint Climb all relevant matters relating to my health and ability to complete the Climb.
  • I will follow the Climb Leader's instructions at all times, I will not make jokes about safety and will not put my health and safety or that of any other climber or staff of SkyPoint Climb at risk before, during or after a Climb. Should I do so I may be immediately removed from the Climb and not be offered a refund.
  • I will not take any items onto the Climb other than the equipment provided by SkyPoint. To this extent, only the Climb Leader can authorise that taking of any other item onto a Climb. Failure to comply with this obligation can risk the health and safety of myself, other climbers, SkyPoint Climb employees or other persons.
  • I will not damage or remove any part of the building, infrastructure or equipment associated with the SkyPoint Climb.
  • I will not make any undue noise, not limited to but inclusive of yelling whilst participating in the Climb and will respect the well-being and amenity of residents in the Q1 Building.

Customer warranties and acknowledgements

By purchasing a ticket for SkyPoint Climb:

  • I warrant that I understand that the Climb Terms include exclusions, limitations of liability and indemnities that apply to me and are for the benefit of SkyPoint Climb, its related bodies corporate and any reseller of SkyPoint Climb products.
  • I warrant that I will enter and remain on the premises of SkyPoint Climb at my own risk.
  • I warrant that I will participate in the Climb at my own risk.
  • I acknowledge that SkyPoint Climb will rely on this declaration and the information provided by me, and is not responsible for my decision to Climb.
  • I acknowledge that, to the extent permitted by law, all statutory or implied conditions and warranties in relation to the Climb are excluded.
  • To the extent permitted by law, I indemnify, hold harmless, and will continue to indemnify and hold harmless the SkyPoint Climb, its related bodies corporate, its directors, officers, employees, agents and any other third party (including the owners of the Q1 premises) and any reseller of SkyPoint Climb products against any losses, damages, claims, liabilities, fines, penalties or the like suffered or brought against any of them whatsoever, arising out of or in any way in connected with my participation in the Climb, or a breach by me of the Climb Terms.
  • To the extent permitted by law, I release SkyPoint Climb, its related bodies corporate, its directors, officers, employees and the owners of Q1 and any reseller of SkyPoint Climb in respect of all claims, proceedings, losses, damages, liabilities (including negligence) and the like arising out of or in any way in connection with my participation in the Climb.
  • In the event that the indemnities and/releases in the Climb Terms are rendered or held void or unenforceable I acknowledge and agree that the maximum liability of SkyPoint will be the amount of $100,000.
  • I authorise SkyPoint Climb, its related bodies corporate and its authorised sub-contractors to reproduce any photograph taken of me for any purpose including display and sale by or on behalf of SkyPoint Climb without any compensation or further notice to me.
  • I acknowledge that photographs acquired by me from SkyPoint Climb remain copyright to SkyPoint Climb and I must not (and must not authorise anyone else to) reproduce or use such photographs for any commercial purpose.
  • I acknowledge that I can request a copy of the Climb Terms to review again prior to executing the Climber Disclosure form.