QUESTION ONE

Alison arranged for her daughter, Miriam, to have a birthday party at the premises of "Funjump", where children and their parents can use trampolines, inflatable ball pits and bouncy castles, under adult supervision.

On 1 July, Alison visited Funjump's premises and spoke to the director, Jason. Jason drew up a document offering her the use of the premises for three hours on 15 July for a price of 250. He said to her, "To accept Funjump's offer, please simply sign and date the document at the bottom. However, please make sure you read our Terms and Conditions on the reverse, first."

The Terms and Conditions were typed in small black font, apart from the following clause, which was typed in large, red, bold, italics:

"FUNJUMP ACCEPTS NO LIABILITY FOR DEATH OR PERSONAL INJURY TO THOSE WHO USE OUR FACILITIES, HOWSOEVER CAUSED."

Alison signed and dated the document where Jason had indicated, and returned it to him. However, because she was in a hurry, she did so without reading the Terms and Conditions first.

On 15 July, Alison arrived at Funjump's premises with Miriam, who was very excited. She persuaded her mother to buy her a Funjump T-shirt for 15. The T-shirt had sequins on the front. The label on the front of its packet said:

"This garment is suitable for wear for all normal activities. However, we cannot accept liability for damage caused by over-vigorous use of our facilities."

Alison did not read the wording on the label before paying for the T-shirt. After she had done so, Miriam put on the T-shirt straightaway. While she was on the trampoline, some of the sequins on the T-shirt fell off. Later on, Alison herself injured her wrist after falling off the bouncy castle.

Two days later, Alison rang Jason to complain about both her own injury and the damage to Miriam's T-shirt. Jason admitted that Alison's injury had been caused by Funjump's staff supervising the use of the bouncy castle negligently, but said Funjump had no liability to her because of the clause in the Terms and Conditions. He also refused to refund her the cost of the T-shirt, on the basis of the wording on the label. He said that trampolining was not a "normal" activity, and the damage had been caused by Miriam using the trampoline too vigorously.

Advise Alison on her rights, if any, under contract law.