Edwina and her family have just returned to Adelaide after living in Scandinavia for a year. Edwina misses ice skating most of all. She learns that Adelaide has an ice rink and is excited to attend. Upon arrival, she pays the $13.00 entry fee at the front door booth and proceeds to hire some ice skates and the skate hire kiosk inside the facility. She is given a docket which she is told she must return to claim her own shoes before she leaves the facility. On the back of the docket the following is printed:

"This facility bears no responsibility for any injuries sustained whilst on these premises howsoever the injury may be caused".

Edwina has a wonderful time skating until she has a terrible fall. One section of the ice had a hole approximately 8 centimetres deep, 10 centimetres long and 10 centimetres wide. Upon close inspection, the ice was not maintained well in this area of the rink. Edwina sustained bruising to her right arm and a broken ankle as a result of the fall. Her medical bills are substantial and she wants the ice skating facility to pay these costs. She keeps being told that the facility will not pay because they incorporated a term into the contract by way of noticewhich protects the facility from liability for these sorts of claims. Edwina is told that the exclusion clause was included on the back of the docket she was handed for skate hire and that it is clearly printed on two large signs hung at the back of the skating rink barrier inside the facility.Edwina is very frustrated and seeks your advice on whether the facility is likely to be held liable for her medical bills.

Question

Is the exclusion clause incorporated into the contract?

Does the exclusion clause protect the skating rink?

Can Edwina claim compensation under the Negligence rule?