Thelma and Larry are holidaying on the Mornington Peninsula and decide to take a ride on the new chairlift at Arthurs Seat. The last time they took the chairlift was some years ago just before it was closed down after an accident. In the accident a number of people were injured and a number of people had to be rescued. When Thelma and Larry purchased the tickets the attendant forgot to tell them that the conditions of using the chairlift were printed on the ticket but he did get both of them to sign the ticket. Thelma and Larry saw writing and a number on the ticket but did not pay any attention to it, nor did they read it, assuming it was simply their entry ticket. On the last pylon before alighting from the Chairlift there was an old notice with the terms and conditions of travelling on the chairlift. This old notice used by the previous operators of the chairlift. The notice was faded and partly obscured by a tree. As they were alighting from the chairlift Larry's foot got caught in the seat strap and he tripped and fell. The chairlift was supposed to be stationary for 60 seconds to allow patrons to move off but it was only stationary for a few seconds before it took off. In order to protect his face Larry put out his arms and when he fell he broke his right arm and tore his achilles tendon in the tangled seat strap. Larry now wishes to sue Chairlifts Pty Ltd (Chairlifts) the company operating the chairlift for his injuries. Chairlifts argues that is it not liable because the was an exclusion clause on the back of the ticket which said: “Patrons on the chairlift enter at their own risk. The owners and operators of the chairlift accept no responsibility for injuries received by patrons howsoever caused.” Further, the old notice used by the previous operators of the chairlift contained the same exclusion clause. Advise Larry whether he can successfully sue Chairlift Pty Ltd for his injuries.