Meanwhile, Louis and Harvey have been hard at work finalising theofficerenovations and decide toreward themselves with a movie and game of laser skirmish. After visiting the cinema, they head to anearby laser skirmish facility, ‘Flash Fort’(which they’ve never visited before), for a few fun games tounwind for the day. Theentrance, like the rest of the building, isdark withonlyfluorescent lightsilluminating surroundings. They approach thecounterwhere the staff member presentasks them towrite their names down andruns through some safety instructionsbeforeasking them to pay and suitup for their session.The full terms of participation are on theorangesign labelled ‘Mission Rules’onthe other side of the entrance (circled inpicture below).When asked by Louis, the staff memberindicates that they are not required to sign anything because ‘everything they need to know is up onthe wall’ and they have to hurry because ‘the session starts pretty much as soon as they’ve paidandhad the safety briefing’.Harvey and Louis look around and spot the sign. As they are walking over the countdown sirensounds, indicating their session is about to start.The sign is 70cm wide and 50cm high and brightorange.Theheading of the sign is large and bold, while the terms of participation on the sign areprinted in size 14 ‘Courier New’ font. The text colour is black. One of the terms, Term 18, reads:18.Players must immediately leave the laser skirmishroom when thesession end announcement is made over thePA system. Any player who remains in the laser skirmishroomfor longer than one (1) minuteafter the session endannouncementmustpay adelayfee of $10.00, payableondeparture.Harvey and Louis commence theirone-hour session. When the session end announcement is made,theybegin making their way out of the centre. They are laughing and joking about their experienceand recounting some of the funny moments, walking casually at slow pace. When they finally exitthelaser skirmish room the staff member indicates that they tookover a minute to leave and must eachpay $10. Harvey and Louis are furious about this, as it not only seems absurdly unfair but they did notknow about this requirement.
Are Harvey and Louis contractually bound to pay the delay fee to FlashFort?
