are harvey and louis contractually bound to pay the delay fee to flash fort

Meanwhile, Louis and Harvey have been hard at work finalising the office renovations and decide to reward themselves with a movie and game of laser skirmish. After visiting the cinema, they head to a nearby laser skirmish facility, ‘Flash Fort’(which they’ve never visited before), for a few fun games to unwind for the day. The entrance, like the rest of the building, is dark with only fluorescent lights illuminating surroundings. They approach the counter where the staff member present asks them to write their names down and runs through some safety instructions

before asking them to pay and suit up for their session. The full terms of participation are on the orange sign labelled ‘Mission Rules’ on the other side of the entrance (circled in picture below). When asked by Louis, the staff member indicates that they are not required to sign anything because ‘everything they need to know is up on the wall’ and they have to hurry because ‘the session starts pretty much as soon as they’ve paid and had the safety briefing’. Harvey and Louis look around and spot the sign. As they are walking over the countdown siren sounds, indicating their session is about to start. The sign is 70cm wide and 50cm high and bright orange. The heading of the sign is large and bold, while the terms of participation on the sign are printed 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 skirmish room when the session end announcement is made over the PA system. Any player who remains in the laser skirmish room for longer than one (1) minute after the session end announcement must pay a delay fee of $10.00, payable on departure.

Harvey and Louis commence their one-hour session. When the session end announcement is made, they begin making their way out of the centre. They are laughing and joking about their experience and recounting some of the funny moments, walking casually at slow pace. When they finally exit the laser skirmish room the staff member indicates that they took over a minute to leave and must each pay $10. Harvey and Louis are furious about this, as it not only seems absurdly unfair but they did not know about this requirement