Participant terms and conditions

In these Terms:

Activity means The Harbour Shot — the Floating Waterfront Hole-in-One Challenge, the supervised hole-in-one and golf-accuracy challenge operated by the Operator, including the hitting bays, queue, waiting, participant and spectator areas, the Water Area and the Target Area.

Allocation means the number of balls represented by your Ticket, as notified at the point of sale.

Containment Zone means the marked and monitored ball-containment area designated by the Operator for the Activity, within which every shot and Supplied Ball must travel, land and remain.

Bay means the hitting bay from which shots are taken.

Booking means a reservation of a Bay for a Play Session made through the Operator’s online booking service.

Cup means the standard golf hole cup on the Target Green. The Target Green also carries two Secondary Targets, each a marked target area wider than the Cup.

Land Owner means Place Management NSW (trading as Placemaking NSW) and the State of New South Wales, as owner and manager of the precinct.

Marshal means any staff member, marshal, duty manager or authorised representative of the Operator supervising the Activity.

Participant (“you”) means any person who enters the participant area or takes, or attempts to take, a shot in the Activity.

Play Session means the period during which you occupy a Bay and play your Allocation.

Prize Rules means the Prize Rules published by the Operator for the Activity, which govern prizes, adjudication and prize eligibility.

Supplied Ball means a floating golf ball issued to you by the Operator for use in the Activity.

Supplied Club means the golf club issued to you by a Marshal for your Play Session.

Supplied Equipment means the Supplied Club, Supplied Balls, tee mat, ball basket, Ticket and any other equipment issued or made available by the Operator for use in the Activity.

Target Area means the floating target green (the Target Green), its barge, moorings, markers and surrounds.

Ticket means the ticket or reusable coloured chip issued to you on payment, which is surrendered at the participant control point in exchange for your Allocation and a Supplied Club.

Water Area means the water, silt boom, buoys, barge, retrieval vessel, dinghy, moorings and marine equipment within and adjoining the monitored and containment zones for the Activity.

You may only participate if you meet the eligibility requirements set by the Operator, which include the following.

1. (a)You must be physically capable of safely swinging a golf club and following instructions.
2. (b)Participants aged 16 or 17 may participate without parental or guardian consent or supervision. Participants under 16 may participate only with the consent of, and while supervised by, a parent or legal guardian. All Participants remain subject to any reasonable additional safety condition or age limit imposed by the Operator or a Marshal.
3. (c)You must not participate if you are affected by alcohol or any drug, or otherwise impaired in a way that may affect safe play, if a Marshal reasonably considers that to be the case;
4. (d)Professional golfers, elite or high-performance players, and any other category of player excluded under the Prize Rules, are not eligible to win prizes and may be excluded from play at the Operator’s discretion.
5. (e)You must comply with any reasonable direction, screening or condition of entry imposed by the Operator, the Land Owner or a Marshal.

The Operator may refuse entry to or continued participation by a person on safety, capacity, eligibility, conduct or other reasonable operational grounds. It need not give detailed reasons where doing so may compromise safety, security or another person’s privacy. Where entry is refused before play for a reason other than your conduct or breach of these Terms, the Operator will refund the amount you paid.

While taking part, you must:

1. (a)use only the Supplied Equipment, and not use any personal club, ball or other equipment;
2. (b)enter and remain in the Bay only as directed, with only one Participant in a Bay at a time, and remain behind the marked line within the Bay;
3. (c)take a shot only when the Bay light is green and a Marshal has indicated that you may play, and stop immediately if the light shows red or a Marshal directs you to stop;
4. (d)make a genuine attempt to hit the designated floating target along the designated line of play, and direct every shot so that the Supplied Ball remains within the Containment Zone;
5. (e)follow all Marshal instructions, signage, safety directions and queue arrangements at all times;
6. (f)wear appropriate footwear and take reasonable care for your own safety and the safety of others;
7. (g)keep clear of the hitting area, netting, barriers, water edge and any equipment except as directed; and
8. (h)not enter, or attempt to enter, the Water Area or the Target Area at any time, and not attempt to retrieve any ball or other item from the water.

Any Supplied Ball played by you that travels, lands or is found outside the Containment Zone is an out-of-containment shot and is a breach of clause 3.1(d) and clause 6.1(b), whether or not the result was intended. The Marshal may use ball-tracking, camera and other operational records to determine whether a ball left the Containment Zone.

You acknowledge that the Activity is a supervised accuracy challenge and is not a distance, “big-hit” or trick-shot activity.

Spectators, including anyone accompanying you, must remain outside the participant area and must also comply with Marshal directions and signage.

The Operator will use reasonable endeavours to give each Ticket holder the opportunity to play their Allocation. Participation remains subject to demand, safe operating conditions and available operating time, and waiting times may vary.

Your Ticket remains valid while you are present in the designated waiting area for the applicable session. If you leave without a Marshal’s approval before you are called, your opportunity to participate may end and your Ticket may lapse.

If the Operator suspends, stops, shortens or closes a session before you are called, or before you play your full Allocation, for a reason other than your conduct or breach of these Terms, the Operator will offer either:

1. (a)a replacement Ticket or credit for the unplayed part of your Allocation, usable on another advertised operating day in the same season; or
2. (b)if a reasonably equivalent replacement opportunity is not available, a refund of the price attributable to the unplayed part.

Except as provided in clause 3.7, Tickets and unused opportunities do not carry over to another session or day and are not transferable or redeemable for cash.

Clauses 3.5 to 3.8 and 3.10 to 3.15 do not limit any right or remedy you have under the Australian Consumer Law that cannot be excluded.

A Booking reserves one Bay for a Play Session of the length, and with the Allocation, shown when you book, for up to 4 Participants sharing that Allocation. Every Participant must accept these Terms, and complete any required risk warning or waiver, before playing.

A Booking is paid in full when it is made. At the venue your Booking is exchanged for a Ticket, and these Terms then apply to it as to any other Ticket.

You may cancel a Booking as follows, by reference to the calendar date of the Play Session in Sydney:

1. (a)2 or more days before the Play Session: a full refund;
2. (b)on the day before the Play Session: a refund of 50% of the price;
3. (c)on the day of the Play Session: a Booking cannot be cancelled and no refund is payable.

Your Play Session starts and ends at the booked times. If you arrive late, your Play Session is not extended. If you arrive more than 15 minutes after the booked start, the Operator will use reasonable endeavours to accommodate you, but your Bay may be released and no refund is payable.

If the Operator is unable to start your Play Session within 30 minutes of the booked start, for a reason other than your conduct or breach of these Terms, you may choose a full refund instead of playing.

Clause 3.7 applies to a Booking if a Play Session is suspended, stopped, shortened or closed.

All equipment used in the Activity is supplied by the Operator and remains the Operator’s property at all times.

A Marshal determines which club is issued to you. Club selection is a safety control and is not negotiable. You may not request, select, exchange or substitute a different club, and you may not swap equipment with another Participant.

You must use only the Supplied Balls issued for your Play Session, and play them only from your assigned Bay.

You must return the Supplied Club, ball basket and any other equipment to staff at the exit point immediately after your Play Session.

All balls remain the Operator’s property, including after they have been played. You must not retrieve, collect, remove or keep any ball.

The Target Green is located on the water approximately 90 metres from the hitting bays. Distance, wind, tide and water conditions vary from day to day and during each day.

The Operator does not represent or promise that you will reach the Target Green, hit the Target Green, or hole a shot. Many Participants will not reach the Target Green.

Club selection, tee position, ball specification and the designated line of play are set by the Operator for safety and containment reasons, and are not varied to assist any Participant to reach the Target Green.

No attempt is guaranteed to win a prize. A prize becomes payable only for a Valid Hole-in-One in the Main Cup or a qualifying result in a Secondary Target that satisfies the Prize Rules.

The following conduct is prohibited:

1. (a)trick shots, deliberate mis-hits, “driving”, maximum-distance attempts or any attempt to hit for distance rather than at the target;
2. (b)playing any shot or ball outside the designated line of play or the Containment Zone, whether intentional or not, or aiming at anything other than the designated target, including a vessel, the marina, the silt boom, a buoy, the retrieval vessel, a bird or any person;
3. (c)unsafe, reckless or dangerous swings or conduct, or any conduct that endangers or may endanger any person, vessel or property;
4. (d)playing when the Bay light / sign is red (or says stop or is blank), or before a Marshal has indicated that you may play, or continuing to play after your Allocation is exhausted;
5. (e)using equipment other than the Supplied Equipment, or tampering with, moving, obscuring or damaging equipment, netting, barriers, lighting, signage, screens, cameras, ball-tracking equipment or any Cup, sensor or marker;
6. (f)any attempt to test, defeat or interfere with the safety system, exclusion zone, silt boom, buoys, barge, moorings, retrieval vessel or containment measures;
7. (g)entering or attempting to enter the Water Area or the Target Area, or throwing or propelling any club, ball or other object other than by playing a shot as directed;
8. (h)tampering with, duplicating, altering or misusing a Ticket or Allocation, or playing another person’s Allocation;
9. (i)abusive, threatening, intoxicated or disorderly behaviour, or failing to follow a Marshal’s directions; and
10. (j)any other act or omission that a Marshal reasonably considers contrary to safety, the integrity of the Activity or its orderly conduct.

If you engage in prohibited conduct or otherwise breach these Terms, a Marshal may, acting reasonably and having regard to safety, seriousness and the integrity of the Activity:

1. (a)stop your turn immediately;
2. (b)disqualify you from the current shot, a future shot, a session and/or from any prize eligibility;
3. (c)refuse you further participation and remove or exclude you from the Activity and participant area; and/or
4. (d)where conduct is unlawful, refer the matter to security or the police.

No refund is payable where your turn is stopped, or you are disqualified, removed or excluded, as a result of your conduct or breach of these Terms.

The Operator operates a layered safety system and may suspend, stop, delay, shorten or cancel play (in whole or in part, and for any Bay or the whole Activity) at any time, without prior notice, including where in the Marshal’s opinion:

1. (a)play is or may be unsafe, or presents an unacceptable risk to any person, vessel or property;
2. (b)weather, wind, gust, tide, water, light or visibility conditions are or may be outside safe operating tolerances;
3. (c)a person, vessel or obstacle enters or approaches the water exclusion zone;
4. (d)a ball travels, or may travel, outside the approved area, or cannot be reliably tracked;
5. (e)the safety, monitoring, red/green light or tracking systems are not functioning as required;
6. (f)a structural, electrical or marine concern arises; or
7. (g)the Operator is directed to do so by the Land Owner, emergency services or any relevant authority.

You acknowledge that safety is the Operator’s first priority, that stoppages may occur at short notice and may be frequent, and that you must stop play immediately and follow directions when a stoppage occurs.

Subject to clause 3.7, no additional refund or compensation is payable solely because play is suspended, stopped, delayed, shortened or cancelled, except to the extent required by law or expressly provided in the Prize Rules.

Prizes (including any hole-in-one prize) are offered subject to, and governed by, the separate Prize Rules, which form part of these Terms. In the event of any inconsistency about prizes, the Prize Rules prevail.

Prize eligibility requires, among other things, that the shot was validly taken in accordance with these Terms and the Prize Rules, was verified by the Operator’s adjudication and tracking process, and was not affected by any prohibited conduct or disqualification.

The Marshal determines whether a shot satisfies the Prize Rules using the adjudication evidence reasonably available. The amount of any Main Prize is calculated under the Prize Rules. The Marshal’s operational determination is final and there is no internal appeal or review, subject to any right or remedy that cannot lawfully be excluded.

The finality stated in clause 8.3 does not limit any right or remedy you have under the Australian Consumer Law that cannot be excluded.

You acknowledge that the Activity involves obvious and inherent risks, including those described in the Risk Warning above, and that harm may result from the materialisation of an obvious risk or an inherent risk that cannot be avoided by the exercise of reasonable care.

You voluntarily assume, and take part at your own risk in respect of, all such risks. You acknowledge the Risk Warning above is a risk warning for the purposes of section 5M of the Civil Liability Act 2002 (NSW).

You are responsible for, and must pay the Operator the reasonable full cost of, loss of, damage to or destruction of property to the extent directly caused by you and arising from or in connection with:

1. (a)your breach of these Terms or the Prize Rules;
2. (b)any prohibited conduct under clause 6;
3. (c)your failure to follow a Marshal’s direction, signage or a safety instruction; or
4. (d)any negligent, reckless, wilful or unlawful act or omission by you.

Without limiting clause 10.1, an out-of-containment shot is a breach of these Terms. You are liable under this clause for property damage and reasonable recovery, clean-up and make-safe costs to the extent directly caused by that shot.

Clause 10.1 applies to the property of the Operator, the Land Owner, and any supplier, contractor, sponsor, licensee or other third party, including (without limitation) the Supplied Equipment, the hitting bays, truss, netting, staging, barriers, signage, lighting and display screens, ball-tracking, sensor and camera equipment, the Target Green and its barge, moorings, silt boom and buoys, the Operator’s vessels (including the retrieval vessel and dinghy), and the marina and any vessel, structure, pontoon or other property in or adjoining the Water Area.

The amount payable by you is the reasonable and properly incurred cost of repair or replacement, whichever is reasonably appropriate, together with reasonable and properly incurred recovery, salvage, marine access, diving, hire, re-supply, cleaning, make-safe and administration costs, and any amount the Operator is legally required to pay to a third party in respect of that loss or damage. On request, the Operator will provide reasonable evidence of the amount claimed.

The Operator may set off an amount you owe under this clause against a prize, refund or other amount payable to you only if you admit the amount in writing or it has been finally determined by a court or tribunal.

This clause does not make you liable for fair wear and tear or for loss or damage occurring in the ordinary and proper course of play where you used the Supplied Equipment as directed, the ball remained within the Containment Zone and you otherwise complied with these Terms, such as a normal shot at the target striking the Bay netting.

A parent or legal guardian who purchases an Allocation for, or consents to the participation of, a person under 18 agrees in their own capacity, to the extent permitted by law, to be jointly and severally liable with that Participant for an amount properly payable under this clause.

This clause is in addition to, and does not limit, the release and indemnity in clause 11.

To the maximum extent permitted by law, and subject to clause 12 (Australian Consumer Law), you agree that:

1. (a)to the extent permitted by section 5N of the Civil Liability Act 2002 (NSW) and section 139A of the Competition and Consumer Act 2010 (Cth), the Operator, the Land Owner and their respective officers, employees, contractors, agents and volunteers (the Released Parties) exclude liability for death, physical or mental injury, disease or another harmful condition arising from the supply of the recreational services, including where caused by negligence;
2. (b)you participate in the recreational activity at your own risk and release the Released Parties from claims for the harm described in clause 11.1(a), to the same extent; and
3. (c)nothing in these Terms excludes liability for significant personal injury caused by the reckless conduct of a supplier, fraud, deliberate misconduct or any other liability that cannot lawfully be excluded, restricted or modified.

You indemnify the Released Parties against a third-party claim, loss, damage, cost or expense, including reasonable legal costs, only to the extent caused by your breach of these Terms or your negligent, reckless, wilful or unlawful conduct. This indemnity is reduced to the extent that an act or omission of a Released Party caused or contributed to the loss.

Nothing in this clause operates to exclude, restrict or modify liability for significant personal injury caused by the reckless conduct of a Released Party, or any other liability that cannot lawfully be excluded, restricted or modified.

Nothing in these Terms excludes, restricts or modifies any right, guarantee, warranty or remedy you may have under the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) or any other law, to the extent that it cannot lawfully be excluded, restricted or modified.

The recreational-services exclusions in clause 11 apply only within the limits permitted by section 139A of the Competition and Consumer Act 2010 (Cth) and applicable New South Wales law. They do not remove any consumer right to a refund, replacement service, compensation or other remedy that cannot lawfully be excluded.

The Activity is monitored and may be recorded by Doppler radar ball tracking, cameras and, where fitted, cup sensors for safety, prize adjudication, audit, incident management and record-keeping.

The Operator may use and disclose operational recordings for the purposes in clause 13.1, including to insurers, the Land Owner, service providers and authorities where reasonably necessary or required by law, in accordance with its privacy policy and applicable law.

By entering or participating in the Activity, you consent to incidental inclusion in general background photographs or footage used for advertising or promotional purposes. You may opt out before play by telling a Marshal and may withdraw consent for future uses. This background-use consent does not cover a featured, close-up or individually identifying promotional use, which requires separate consent. Consent for featured promotional use of a person under 18 must be given by their parent or legal guardian.

Recordings will be accessible only to authorised persons, kept secure and retained only for the period reasonably required for the stated purposes or by law. The privacy policy explains how to seek access or correction and how to make a privacy complaint.

You participate on the basis that you are fit to do so. If you have any medical condition, injury or impairment that may affect safe participation, you must not participate, or must first raise it with a Marshal. In an emergency, you consent to the Operator arranging first aid or medical assistance at your cost.

You are responsible for taking reasonable care of your personal property. To the maximum extent permitted by law, the Released Parties are not liable for loss of or damage to personal property unless caused by their negligence, breach of these Terms or other wrongful act.

Personal information collected in connection with the Activity will be handled in accordance with the Operator’s privacy policy and applicable privacy laws. It may be used to operate the Activity, administer and verify prizes, manage safety and incidents, keep records and comply with legal, insurance and audit requirements. The Operator will give any collection notice required by law at or before collection where reasonably practicable.

The version of these Terms displayed or made available before you pay applies to that purchase and Play Session. The Operator may amend these Terms for later purchases. It may make an immediate change affecting an existing Ticket only where reasonably necessary for safety or to comply with law or an authority’s direction, and will offer the remedy in clause 3.7 if the change materially reduces the service you purchased.

If any part of these Terms is held to be invalid or unenforceable, it is severed and the remaining provisions continue in full force.

A failure or delay by the Operator to enforce any provision is not a waiver of it.

These Terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales and courts competent to hear appeals from them.

Questions about these Terms can be directed to the Operator at contact@harbourshot.com.au or through www.harbourshot.com.au.