Question
James is an avid and regular attendee of theme park attractions. James visited Funlandia and decided to purchase a ride on the Extreme Coaster. As
James is an avid and regular attendee of theme park attractions. James visited Funlandia and decided to purchase a ride on the Extreme Coaster. As he waited in line, he saw a large sign above the ticket office which said: 'RIDE AT YOUR OWN RISK'. He purchased his ticket for $35. The front of the ticket it says PREPARE FOR FUN. ADMIT ONE. While written on the back of the ticket in a small font was the following:
'Members of the public who ride on the Extreme Coaster must not unbuckle their harness during the ride. Our operator will ensure that harnesses are securely fastened. Wizard Pty Ltd expressly excludes all liability if a member of the public unbuckles their harness once the ride commences.'
James did not read the back of the ticket. James was securely buckled in by the operator and the ride commenced. James was very keen to get a good selfie and unbuckled his harness so he could stand up. He managed to get a great picture and then quickly sat down. The car was gathering speed rapidly and James was finding it difficult to snap the harness buckle back in. James tried to get the operator's attention to no avail. The ride gathered speed and unfortunately James was flung out at the first loop, suffering severe injuries.
Required: What is the legal effect of the sign above the ticket office and the words on the back of the ticket? (3 marks)
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