Terms & Conditions

Flip Out South Africa Terms and Conditions
These terms and conditions tell you information about us and the legal terms and conditions on
which our independent franchisees (“Flip Out Franchisees”) supply services to you and the
participants in your booking. We operate the website www.flipout.co.za.
We are Flip Out South Africa PTY Ltd. Registered in South Africa, Company registration number K
09708839 and with our registered office Units 4,5,6 Miracle Retail Park, Corner of Lenchen Ave. and
Old Johannesburg Road, Rooihuiskraal, Centurion, 0157, Gauteng, South Africa. We operate a
franchise network under the name “Flip Out”. In these terms and conditions, the words “Flip Out”,
“we” or “us” refers to either Flip Out South Africa PTY Ltd. and/or any of our Flip Out Franchisees
from time to time, as applicable. You can find the details of the franchise legal entity under the
specific franchise web page terms and conditions. Each of our Flip Out Franchisees is independently
responsible for legal and regulatory compliance and the operation of their own Flip Out Site (“Site”).
Please note that all bookings, whether made either through our website at www.flipout.co.za, over
the telephone or at any Site, are made directly with the Flip Out Franchisee who operates the Site
that you have booked at. The resulting legal contract is between you and the relevant Flip Out
Franchisee which operates the Site you have booked at and is subject to these terms and conditions.
Flip Out South Africa PTY Ltd. does not accept bookings and no contract will exist between you and
Flip Out South Africa PTY Ltd. As such any refunds given are between the relevant Flip Out
Franchisee and you, not Flip Out South Africa PTY Ltd. Any issues arising from any bookings made by
you through our website, over the telephone or at any Flip Out Franchisee’s Site are the sole liability
of the relevant Flip Out Franchisee which operates the Site you have booked with.

  1. OUR CONTRACT WITH YOU
    1.1. Flip Out provides access to a number of activities, which include all variations of trampolining,
    climbing elements, elements of basketball, dodge ball and use of the challenge course, as well as
    participating in classes and parties (“Activities”).
    1.2. These are the terms and conditions which apply when you book to take part in an Activity with
    Flip Out.
    1.3. Please ensure that you and the participants in your booking have read these terms and
    conditions carefully. You should also check that the details of your booking are complete and
    accurate before you submit your booking. If you think that you have made a mistake after you have
    submitted your booking, please contact the relevant Site you have booked at to discuss.
    1.4. By submitted your booking, you agree that the supply of the Activities by Flip Out and your
    participation in the Activities is subject to these terms and conditions.
    1.5. No booking shall be deemed to have been accepted by Flip Out unless and until the booking has
    been accepted in writing by Flip Out, which will include Flip Out sending you an email confirmation
    of the booking.
    1.6. These terms and conditions also incorporate the terms of the Flip Out Waiver, Site Rules and
    Privacy Policy.

1.7. Flip Out reserves the right to revise these terms and conditions and to make changes to the
Activities from time to time in order to comply with changes in any relevant laws or regulatory
requirements.

  1. SAFETY
    2.1. Participation in the Activities is not without risk as serious misuse could be fatal. You
    acknowledge that the Activities can be dangerous with many inherent risks and hazards. As a
    consequence personal injury, and sometimes fatality, can occur. You and all participants in your
    booking voluntarily assume and accept all such risks and waiver the right to sue Flip Out for any
    personal injury or fatality by signing the Flip Out Waiver prior to engaging in any Activity. All
    participants are required to sign the Flip Out Waiver and Site Rules before participating in any
    Activity.
    2.2. All participants must attend a safety briefing from a Flip Out team member prior to engaging in
    any Activity. All participants are required to wear Flip Out grip socks to increase grip and for hygiene
    reasons whilst taking part in any Activity in the activity area.
    2.3. After the safety briefing participants will not be individually supervised by a court monitor or
    any other Flip Out personnel.
    2.4. Children under the age of 12 and people with special needs cannot participate in the Activities
    unless they are accompanied by a parent, guardian, responsible adult or appropriate carer. The
    parent, guardian, responsible adult or carer must remain on site for anyone under 12 years of age or
    anyone with special needs. One adult is permitted to supervise a maximum of ten under 12 year
    olds. Flip Out personnel will not supervise children, regardless of the child’s age, or anyone with
    special needs at any time. For participants under the age of 18 or participants who lack capacity, a
    parent, guardian, responsible adult or carer is required to complete and sign the Flip Out Waiver on
    behalf of the participant, stating that he or she will accept responsibility for the safety of himself or
    herself and for supervision of any children or anyone with special needs in his or her care. Such
    parent, guardian, responsible adult or carer will ensure that all participants under the age of 18 or
    who lack capacity have read and understood the Site Rules.
    2.5. The Activities are physically demanding and require a degree of strength, agility and stamina. All
    participants must be reasonably fit, in good health and free from any adverse medical condition. All
    participants are subject to the age and weight restrictions for each Activity as at time of booking.
    [The weight limit for an individual (fully clothed) participant is 125kg. Participants confirm that they
    do not exceed this weight.. If you have any concerns we advise that you visit a Flip Out Site at a time
    prior to your booking and speak to a member of the Flip Out team. Flip Out recommends that if you
    have weight-related concerns you should consult your health services provider and receive medical
    clearance before participating in an Activity at Flip Out.
    2.6. Participants are advised to jump within their ability. If you are unsure as to whether you can
    complete a manoeuvre, you should not attempt it. If participants have medical concerns they are
    advised to consult their doctor before attending. Participants will be required to certify in the Flip
    Out Waiver that, to the best of their knowledge, they do not suffer from any medical condition or
    other reason which may prevent them from participating in any of the Activities or which would

make it more likely that they would be involved in an incident which could result in injury to
themselves or others. For clarity, if you are pregnant, have a heart condition, or wearing any form of
plaster cast, you are not allowed to participate in any of the Activities. Participants at Flip Out are
personally responsible for their own personal well-being.
2.7. Participants need to be able to see similar distances to those required to drive a car in order to
be able to participate in an Activity and/or to supervise any under 14’s in their care. Consequently,
short or long-sighted participants must ensure that they wear contact lenses or prescribed glasses.
2.8. Anyone who does not meet the requirements in respect of an Activity will not be allowed to
undertake that Activity. It is your responsibility to ensure that all participants in your booking meet
these requirements.
2.9. Flip Out reserves the right to refuse admittance to participants or to remove a participant from a
Site should Flip Out deem it necessary to do so. This includes a participant who does not comply with
the Site Rules advice or instructions of any Flip Out personnel or a participant whose behaviour is
considered unsafe or who is thought to be under the influence of alcohol or drugs. All participants
are required to act responsibly and courteously at all times and to respect other participants and Flip
Out personnel. Flip Out shall be entitled to prevent any person from undertaking or completing the
Activities in the event it deems the behaviour of any participant unsuitable. The decision of the
Manager on duty will be final.
2.10. Participants must be dressed appropriately (please see the FAQ’s section of our website at
www.flipout.co.za) and Flip Out reserves the right to refuse admittance to the Activities to any
participant who is not appropriately dressed.
2.11. No refunds or compensation will be payable by Flip Out in the event that any participant is not
permitted to, or decides not to, undertake or complete the Activities for any reason.

  1. PRICE AND PAYMENT
    3.1. Subject to any terms agreed in writing between Flip Out and you, our charges for all Activities
    and all ancillary products (such as Flip Out grip socks) shall be calculated at our current rates from
    time to time.
    3.2. All charges include VAT.
    3.3. Payment shall be made in full at the time of booking and can be made by using a debit card or
    credit card. All payments are made directly to the Flip Out Franchisee who operates the Site which
    you have booked at. No booking payments are made to or received by Flip Out South Africa PTY Ltd.
    3.4. Flip Out reserves the right to change its prices at any time. Though any change in price will not
    effect any Activities which have already been booked and paid for in full at the time that the change
    in price becomes effective.
    3.5 All promotions and specials can only be used individually. Different promotions cannot be used to redeem and/or used as payment for an activity. (eg. a discount voucher cannot be redeemed on promotions that’s running at that particular moment.)
  2. CANCELLATIONS, TRANSFERS AND REFUNDS
    4.1. Flip Out requires 36 hours’ notice before the booked start time to provide a full refund for any
    cancellations for bookings of 9 participants or fewer. Any cancellations occurring with less than 36

hours’ notice will only be offered a transfer to another Activity, or the same Activity but at a
different date and time or a credit note for the value of the booking.
4.2. Flip Out requires 14 days’ notice to provide a full refund for any cancellations for parties or any
group bookings for 10 participants or more. Any cancellations occurring with less than 14 days’
notice yet more than 7 clear days’ notice will be offered a transfer to another Activity, or the same
Activity but a different date and time or a credit note for the value of the booking. This requires the
participant to specify an alternative Activity or date and time for their booking. With less than 7
days’ notice all cancellations will not receive a refund or transfer.
4.3 Any cancellation pursuant to points 4.1 and/or 4.2 must be made by visiting the relevant Site or
telephoning the relevant Site’s telephone number which is available at www.flipout.co.za.
4.4 The terms of points 4.1 to 4.3 shall apply notwithstanding if your booking takes place within
these time periods.
4.5 Flip Out shall be entitled to cancel your booking at any time. In the event that Flip Out decides to
cancel your booking it shall use its reasonable endeavours to notify you as soon as possible. In the
event of cancellation under this point, you shall be entitled to transfer your booking to another date
by time or to another Activity but no other compensation or refund shall be payable by Flip Out.
4.6 Payments made by debit or credit card will be refunded to the same card.
4.7 No refunds will be given for transactions made by gift vouchers. Bookings which were made by
gift vouchers and which are cancelled pursuant to points 4.1, 4.2 and 4.5 of these terms and
conditions may be transferred to another date and time.
4.8 Where multiple forms of payment are used, Flip Out reserves the right to refund any monies due
by debit or credit card.

  1. DELIVERY OF SERVICE
    5.1 Subject to the terms of these terms and conditions, we shall provide the Activities to you at the
    Flip Out Site that you have booked at and as set out in the booking confirmation.
    5.2 Flip Out shall use its reasonable endeavours to ensure that you and members of your booking’s
    participation in an Activity commences at the time booked. We require you and the participants in
    your booking to report to reception at the Site at least thirty minutes prior to your booking time.
    Late arrivals may not be permitted to undertake the Activities and no refunds or compensation will
    be payable in each circumstances.
    5.3 Any Flip Out grip socks which are purchased online shall be collected from the Flip Out Site you
    have booked with prior to taking part in the Activities.
  2. OUR LIABILITY TO YOU
    6.1 Flip Out, Flip Out Franchisees, employees, directors and agents are not liable to you, the
    participants in your booking, or your or their dependants or legal representatives for any claim for
    any indirect or consequential loss or damage, including without limitation personal injury or financial

loss or damage, whether such liability arises in breach of contract, tort (including negligence),
statute or statutory duty save that nothing is intended to nor shall limit the liability of Flip Out in
respect of death or personal injury caused by the negligence of Flip Out or of its employees, agents
or contractors or affect the statutory rights of any person dealing as a consumer.
6.2 Flip Out will not be held responsible for the loss or damage of or to any of your or the
participants in your booking’s property or personal belongings during your visit to the Site or arising
from the booking of or participation in the Activities. Personal possessions are brought into the
venue entirely at the owners’ risk.
6.3 Parking facilities are available at the Site and any vehicles and their contents are left at the
owners’ risk and are subject to any conditions and the payment of any fees as may be required by
the provider of such facilities at the Site.
6.4 Except as otherwise stated, any liability of Flip Out shall be limited to the refund of any charges
paid to Flip Out.
6.5 To the maximum extent permitted by law, Flip Out, Flip Out Franchisees, employees, directors
and agents are not liable for any injury, loss or damage (including damage to property or personal
belongings) directly or indirectly arising out of or in connection with the use of any arcade or other
games machine owned or supplied by a third party.
7 EVENTS OUTSIDE OUR CONTROL
7.1 Flip Out shall not be liable or responsible for any failure to perform, or delay in performance of,
any of Flip Out’s obligations under these terms and conditions that is caused by any act or event
which is beyond Flip Out’s reasonable control.
7.2 If an event outside of Flip Out’s reasonable control takes place that affects the performance of
Flip Out’s obligations under these terms and conditions, Flip Out will contact you as soon as
reasonably possible and Flip Out’s obligations under these terms and conditions shall be suspended
for the duration of the event.
7.3 If an event outside of Flip Out’s reasonable control, which means that Flip Out will not be able to
provide the Activities in accordance with your booking, takes place before the commencement of
your booking, you may cancel your booking and Flip Out will provide you with a full refund.
7.4 If it proves necessary to close the Site or cancel any Activities for reasons beyond the reasonable
control of Flip Out and in circumstances where your party has commenced participation in the
Activities, you shall not be entitled to any refund (in part or in whole). In such circumstances Flip Out
may, but shall not be obliged to, offer alternative dates or times at reduced rates.

  1. HOW TO CONTACT US
    If you have any questions or if you have any complaints, please contact the Flip Out trampoline park
    with whom you have booked. Contact details for all Flip Out trampoline parks can be found on our
    website at www.flipout.co.za.

9 OTHER IMPORTANT TERMS
9.1 Flip Out may transfer its rights and obligations under these terms and condition to another
organisation and we will always notify you in writing if this happens, but this will not affect your
rights or Flip Out’s obligations under these terms and conditions.
9.2 Nothing in these terms and conditions shall confer on any third party who is not a Flip Out
Franchisee any benefit or right to enforce any of these terms and conditions.
9.3 Each of the paragraphs of these terms and conditions operates separately. If any court or
relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in
full force and effect.
9.4 If Flip Out fails to insist that you perform any of your obligations under these terms and
conditions, or if Flip Out does not enforce its rights against you, or if it delays in doing so, that will
not mean that it has waived its rights against you and will not mean that you do not have to comply
with those obligations. If Flip Out does waive a default by you, it will only do so in writing, and that
will not mean that We will automatically waive any later default by you.
9.5 These terms and conditions are governed by Republic of South African law. You agree to submit
to the exclusive jurisdiction of the South African courts.