INDEMNITY & WAIVER
I, the undersigned, do hereby confirm that I have read the Terms and Conditions in this Agreement and do hereby warrant by signature or clicking “I Agree”, if entering electronically that I consider myself bound by such Terms and Conditions.
WAIVER, INDEMNITY AND RELEASE
Participation in the Flip Out South Africa (Pty) Ltd (“Flip Out”) Trampoline Arena including trampolining, jumping, flipping, foam pits and rides (‘the Recreational Activities’) supplied by Flip Out Centurion (‘the Service Provider’) involves risks, including the risk of damage to property, personal injury and death. Particular risks include but are not limited to twists, sprains, broken bones and or physical injury, spinal injury, paralysis and death.
Before you participate in the Recreational Activities, you should ensure that you are aware of, and properly understand, all of the risks involved in participating in the Recreational Activities, and that those risks will include any particular risks associated with any health condition from which you may suffer.
By signing this Agreement, you acknowledge, agree, understand and warrant that:
- Your participation in the Recreational Activities may involve the particular risks described above and other general risks;
- You engage or participate in the Recreational Activities voluntarily and at your own risk;
- Your general health, including your physical and mental well-being, is good and there is nothing which renders you unfit to participate;
- You have disclosed any special medical conditions or needs you may have;
- You have provided Flip Out or its representatives with all medical information that is both accurate and correct;
- The Service Provider will only permit you to participate in the Recreational Activities, and provide you with the associated services, on condition that you have signed this Agreement; and
- The above shall be applicable for each and every visit you make to Flip Out unless subsequently modified with the consent of the Service Provider.
You hereby indemnify and hold harmless Flip Out, its shareholders, directors, employees, affiliates, agents, representatives, sponsors and service providers acting on behalf of or by instruction (hereinafter collectively referred to as the “Indemnified Parties”) against any and all claims howsoever arising, for any loss including economic loss of any description whatsoever or damage resulting from any bodily injury, disability or damage which can attributed to any act or omission on the part of the Indemnified Parties, or co-participants, or whether caused by the negligence of the Indemnified Parties, or otherwise, which you may suffer or sustain in the course of or consequential upon or incidental to your participation in the Recreational Activities.
You further hereby indemnify and hold the Indemnified Parties harmless against any and all claims which may be made against one or more of the Indemnified Parties, in respect of any matters referred to above, by your Estate, executors, Trustees, any dependants, heirs or beneficiaries, successors-in-title or assignees.
No warranty or guarantee, implied or otherwise that the services will be provided with reasonable care and skill are given by the Indemnified Parties.
By signing this Agreement, you acknowledge, agree and understand that the Indemnified Parties may rely on this Agreement in any proceedings commenced in any court by you or by your heirs, executors and/or assignees.
You agree that the laws of the Republic of South Africa shall apply to this Agreement and that any dispute, issue or claim concerning the provisions of this Agreement shall be adjudicated upon in the Gauteng Division, to which jurisdiction you hereby submit.
By signing this Agreement, you do not rely on any other verbal or written representations, statements or promises made by or on behalf of any or all of the Indemnified Parties, and you furthermore agree that in the event of any provision in this Agreement being found to be unenforceable or invalid for any reason, then such provision shall be severed from this Agreement and the remaining provisions shall nonetheless be of full force and effect. Nothing contained in this Agreement shall be amended, altered, varied or canceled save and unless same has been reduced to in writing and signed by or on behalf of the Indemnified Parties.
You hereby grant Flip Out and the Service Provider the right to photograph, videotape, and/or record you and/or your child/ward and to use you or your child's/ward's name, face, likeness, voice and appearance in any marketing material including but not limited to exhibitions, publicity, advertising, and promotional materials without reservation or limitation and without any remuneration.