Over 18's form to complete.
In consideration of the services provided by PLANET AERO TRAMPOLINE PARK ("the Park") and of the permission granted by the Park to use the Park's property, facilities, and services and to participate in trampoline court activities, climbing activities and other exercise and amusement activities at the Park (the "Activities"), I, on behalf of myself and on behalf of my child or children and any other minors currently under my care and/or authorized person to act in loco parentis as listed below ("Minors"), agree to the following terms and conditions:
This document affects legal rights. I understand that this document affects my legal rights and the legal rights of the Minors, and that by signing below I acknowledge that I have read and understood the disclosure of risks, voluntarily accept those risks, and agree to be bound by and to bind all the Minors to all the terms and conditions of this agreement.
General Release and Waiver of Liability. In consideration of the services provided by the Park and of the permission granted by the Park to use the Park's property, facilities, and services and to participate in the Activities, I, for myself and on behalf of my spouse, children, wards, and other dependents, heirs, assigns, personal representatives and next of kin (the "Releasing Parties"), voluntarily release and forever discharge and agree not to sue the Park or its agents, employees, members, managers, owners, officers, directors, principals, volunteers, participants, insurers, facility operators, lessors, successors, assigns, equipment suppliers or manufacturers, service providers, trainers, intellectual property holders, or any other persons or entities acting in any capacity on the Park's behalf (hereinafter collectively referred to as the "Protected Parties") from liability for any claims connected with or arising from my or the Minors' participation in the Activities or use of the Park facilities, including, to the extent allowed by law, any such claims which allege negligent acts or omissions of the Protected Parties. I understand that this release of liability will prevent any of the Releasing Parties, including me and the Minors, from bringing any lawsuit or making any claim for personal injury, damages or death connected with participating in the Activities or using the Park facilities.
Acknowledgement of Risks. I understand that my participation and the participation of the Minors in the Activities involve known and unknown risks that could result in physical or emotional injury, paralysis, death, or damage to me, to the Minors, or to third parties. Such risks (the "Risks") include, but are not limited to:3.1 the risks inherent in the Activities, including slipping and falling, collisions with fixed objects and/or other participants, falling off equipment, unexpected failure of equipment, over-exertion, double bouncing, failed attempted jumps and stunts, and sustaining lacerations or contracting any illnesses from contact with equipment and/or flooring surfaces and/or other items in the Park;3.2 the grossly negligent acts or omissions of the Protected Parties;3.3 defects in the Park or any of its facilities;3.4 improper or inadequate instruction or supervision regarding the Activities or use of the Park facilities;3.5 the behavior of other participants in the Activities and/or people visiting the Park;3.6 accidents or incidents in the Park facilities; and3.7 first aid, emergency treatment or services rendered or failed to be rendered by the Protected Parties. Possible injuries include, but are not limited to, bruises, sprains, scrapes, contusions, lacerations, broken bones, eye injuries, torn ligaments, joint injuries, weakening of growth plates, stunted growth following fractures, internal injuries, brain injuries and concussions, permanent disabilities, broken back, broken neck, paralysis, heart attack, and death. I understand and acknowledge that the above lists are not complete or exhaustive, and that other known or unknown risks may also result in injury, death, illness or damage to me, to the Minors or to my or their property. I understand and acknowledge that it is the Park's policy that its participants review their safety video which covers some but not all the risks related to the Park upon each visit to the Park, and I agree that both I and the Minors will adhere to the safety video policy...
Assumptions of risks. After being fully informed of the above and understand the fact, nature and effect of this agreement, I, on my own behalf and, to the fullest extent allowed by law, on behalf of all releasing parties and minors, expressly agree and promise to accept and assume all known and unknown risks associated with participation in the activities and use of the Park's facilities, including the risks listed above, and I voluntarily elect to participate and allow the minors to participate in the activities and use the Park/s facilities. I agree that there are certain risks inherent in the activities that cannot be avoided or eliminated, and that by signing this agreement. I am giving up my right of the minors and any of the releasing parties, to recover from the protected parties in a lawsuit or other proceeding for any damages, including personal injury or death to me or the minors, that result from such risks. Furthermore, I understand that I have the right to refuse to sign this agreement, and the Park has the right t refuse to let me or the minors participate if I do not sign this agreement.
Indemnification agreement. To the extent permitted by law, I hereby irrevocably agree to hold harmless, indemnify and defend the protected parties from and against any and all claims, losses, actions, proceedings, costs, expenses, damages, settlement amounts and liabilities (including claims brought by any of the releasing parties or minors) and any and all costs and expenses in connection therewith, including attorneys' fees and costs of investigation (collectively the "claims"), arising out of or connected with my or the minors' participation in the activities or use the Park's facilities, regardless whether the claims are the result of the grossly negligent acts or omissions of myself, the minors, the protected parties, or third parties, including other participants in the activities. Such indemnity obligation shall include, but not be limited to, any claim, action or proceeding that alleges that I or the minors negligently or internationally caused any injury, death or damages to other participants in the parties in the Park.
Release of rights audio, video, photographic images. I hereby grant the Park on behalf of myself and minors the irrevocable right and permission to photograph and/or record me or the minors in connection with the activities and the Park and to use the resulting photographic images, audio or video for the purposes of monitoring the activities conducted at the Park, including for safety and security purposes. I agree that that park will be entitled to retain such photographs and recordings for a reasonable period after my and/or the minors' attendance at the Park.
Certifications. In order to assist the Park in effectively providing for my safety and the safety of the minors, I certify and warrant that : 7.1. I have no knowledge of any health problems that would cause participation in the activities to negatively impact my health or the health of the minors. 7.2. The minors and I possess sufficient level of physical fitness and skill to safely participate in the activities, and neither I nor the minors have any pre-existing physical or medical condition that might be impacted or worsened by the use of the Park or any of its facilities, including but not limited to pregnancy, orthopedic problems, heart problems, or breathing problems 7.3. I will not use or allow the minors to use the Park while any of us are under the influence of any drugs, alcohol or medications that may impair our physical activities' judgement 7.4. I agree to follow (and cause the minors to follow) all safety of the Park and to alert the Park staff of any rules violations or dangerous behavior of other participants; 7.5. I understand that my or the minors' failure or refusal to abide by the safety rules of the park or by instructions and directions of the park staff can lead to the revocation of my or the Minor's right to use the Park, without any right to the full refund of any payment made; 7.6. I will notify Park staff before O or the minor participate in activities if any of us have been diagnosed with behavior disorders or are taking any behavior modification medication; 7.7. I will inform Park staff immediately if I or the minors feel any unusual discomfort while participating in the activities and will immediately stop (or cause the minors to stop) participating in the activities; 7.8. I am aware that the Park staff may need to end my or the minor's participation in the activities if my or the minor's actions present a danger to myself or others; 7.9. I authorize the Park staff to administer emergency first aid and cardiopulmonary resuscitation ("CPR") to myself and to the minors when deemed necessary by the Park staff and hereby irrevocably indemnify and hold the Park and the protected parties harmless against all liabilities, claims, losses and damages of whatsoever nature and howsoever caused which I or the minors' may suffer or sustain as a direct or indirect result of the Park staff administering such emergency first aid and/or CPR; 7.10. I authorize the Park staff to secure emergency medical care and/or transportation, if deemed necessary by Park staff, and I agree to assume all costs of emergency care and transportation and hereby irrevocably indemnify and hold the Park and the Protected Parties harmless against all liabilities, claims, loses and damages of whatsoever nature and howsoever cause which I or the Minors' may suffer or sustain as a direct or indirect result of any and all emergency care or transportation; 7.11. I acknowledge that the Park encourages each participant as his/her own cost to obtain clearance prior to participating in the activities and ; 7.12. I have adequate insurance to cover any injury or damage I and the Minor's may cause or suffer while participating in the activities, or if not, I agree to bear the costs of such injury and damage to myself, the Minors and other.
Terms of agreement. I understand that this agreement shall continue and will be in full and legal effect each and every time I or the minors visit the Park, whether at the current or any location or facility. I agree that the Park may require me or the minors to sign a new agreement at any time as a requirement to my participation or the participation of the minors in the activities, including when the minors reach the age of 18-year-old.
Attorney's fees. I hereby irrevocably indemnify the Park of any attorney's fees and costs incurred by the Park to enforce this agreement, including without limitation costs associated with any collect efforts. If the Park contains a judgement against me pursuant to this agreement, pre-judgement and post-judgement interest shall accrue thereon at the maximum amount allowed by law.
Government Law; Venue:; Dispute resolution 10.1. Government law. This agreement is to be governed, interpreted and implemented in accordance with the laws of Namibia 10.2. Medication and arbitration. This clause is a separate, divisible agreement from the rest of this agreement and shall: 10.2.1. Not be or become voidable or unenforceable by reason only any alleged misrepresentation, mistake, duress, undue influence, impossibility (initial or supervening), illegality, immorality, absence of consensus, lack of authority or other cause relating in substance to the rest of the agreement and not this clause 10. The parties intend that any such issue shall always be and remain subject to arbitration in terms of this clause 10; 10.2.2 remains in effect even if the agreement terminates or is cancelled. 10.3, I agree and acknowledge that any claims or disputes arising from or related to this agreement or the relationship of the parties in any respect thereto shall first be submitted to mediation, and that engaging in such mediation is a condition present to bringing any claim against the Park arising from or related to this agreement. If the parties are unable to agree on a mediator or o resolve any dispute by way of mediation within 14 days of any Party in writing requesting that the dispute be resolved by mediation, then the dispute may be submitted to and decided by arbitration; 10.4. Appointment of arbitrator. The request to nominate an arbitrator shall be in writing outlining the claims and any counterclaim of which the party concerned is aware and, if desired, suggesting suitable nominees for appointment as arbitrator, and a copy shall be furnished to the other Parties who may, within 7 days, submit written comments on the request to the addressee of the request with a copy to the first party. 10.5. Venue and period for the completion of arbitration. The arbitration shall be held in Windhoek, and the parties shall endeavor to ensure that it is completed within 90 days after notice requiring the claims to be referred to arbitration given. 10.6. Arbitration Act - rules. The arbitration shall be governed by the Arbitration acts, or any replacement Act shall take place in accordance with the commercial Arbitration Rules; 10.7, Application to court for urgent interim relief. Nothing contained in this Agreement shall be prohibited a Party from approaching any court of competent jurisdiction for urgent interim relief pending determination of the dispute by arbitration. In this regard, the parties consent to the non-exclusive jurisdiction of the High Court of Namibia, Windhoek for any proceeding arising out of or about this Agreement.
Severability. Any provision in this agreement which is or may become illegal, invalid, or unenforceable in any jurisdiction affected by this agreement shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be treated as having not been written (i.e.pro non scripto) and severed from the balance of this agreement, without invalidating the remaining provision of this agreement affecting the validity or enforceability of such provision in any other jurisdiction. I understand and agree that this agreement is intended to be as broad and inclusive as permitted by the laws of Namibia and that if any portion thereof is held to be invalid by a competent court, the remainder of the agreement will remain in effect and will continue in full legal force and effect.
Effect of agreement. I agree that I have had reasonable and sufficient opportunity to read and understand this entire agreement and acknowledge that I have been free to secure independent legal advice as to the nature and effect of each provision of this agreement and that I have either taken such independent legal advice or have dispensed with the necessity of doing so. I further agree that each provision of this fair and reasonable in all the circumstances. I, the minors and releasing parties hereby irrevocably waive any rights to enforce any action against the protected parties on the basis of any claims against which I have indemnified the protected Parties, freely, voluntarily, under no threat or duress, without inducement, promise or guarantee being communicated to me; I accordingly agree to the full terms, statements, warranties, notices, representations, waivers and releases contained in this Agreement on behalf of myself, the releasing Parties and the Minors listed below. I certify and warrant that I am the parent, legal guardian and/or authorized person acting in loco parentis of the Minors listed below and that I have irrevocable authority to sign this agreement on their behalf. I also certify and warrant that the information provided below for each Minor participant is true and correct. I acknowledge and agree that the Park staff may require me to present a picture I.I to verify my identity of the minors listed below. Once you receive your booking confirmation via email or phone, you will have entered into a binding Contract with Planet Aero Trampoline Park. Cancellation due to unsuitable conditions deemed dangerous can be made by either party at any time before the arranged delivery slot, all hire charges and any deposits received will be returned. To cancel, you must do so within 1 day before your booking and will have to speak with us or email us. Cancellation of any other reason other than the above, with less than 1 day's notice, including double booking with another hire company will result in the full hire fee being charged, the hirer will then be sent an invoice for any outstanding balance due. Bookings are non-refundable, non-transferable and only application for time and session date booked.
I accept all Planet Aero's Terms and Conditions
Date of Birth
e.g +264 85 718 6202
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