By purchasing a ticket and/or in consideration of being permitted by the Company to participate in any of the activities described below now and in the future, I hereby agree to release, indemnify not to pursue any form of legal action and forever discharge the Company their agents, owners, members, shareholders, Directors, partners, employees, volunteers, manufacturers, participants, lessors, affiliates, its subsidiaries, related and affiliated entities, successors and assigns, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate, from any and all claims demands or courses of action which are in any way connected with the participation in the activities offered to the fullest extent as permitted by law as follows:
(1) I understand that my participation (or the participation of the any of the individuals mentioned in this waiver) in the premises including but not limited to the design, layout, construction and peripheral areas and in the activities including but not limited to the inflatable park access , toddler sessions, laser frenzy, zip zag, soft play activities, café access, fitness classes or lessons on any of the activities, equipment rental and maintenance and other ancillary family and/or sporting activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to me, my dependents, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: collision with fixed objects or people; falling, slipping or tripping and injuries including, bruises, cuts, scrapes, sprains, fractures, dislocations, broken bones and serious injuries to the head, neck or back which can be caused by physical contact with other participants, the company, or myself.
(2) I expressly agree and promise to accept and assume all of the risks existing in activities at the Company. My participation in activities at the Company is purely voluntary, and I elect to participate in spite of the inherent risks. Furthermore, I agree on behalf of my dependant(s) if applicable and myself to use all the activities and facilities within my ability level and in accordance with the safety rules displayed within the premises and given to me by Court monitors before and during the activity so that I or my dependent(s) retain control at all times. Failure to do so, deliberate or otherwise may result full liability being assumed by my dependents and/or myself.
(3) I warrant that I comply with any height, weight, age restrictions that maybe in place by the Company from time to time and I agree that I will wear socks and ensure that any dependents in my care do likewise.
(4) I understand and agree that in the event of an accident or loss or damage to personal effects, to myself or the children in my care I acknowledge that the Company will not be liable for any direct or indirect loss, damage or injury arising from or in connection with the activities and I waive all and any claims against the Company in this respect both for myself and/or for the children in my care.
(5) I agree to supervise or have supervised by a responsible adult any dependent under the age of 18 years. I agree that I or the responsible adult charged with taking care of my dependents will be bound by these conditions on their behalf.
(6) I agree that the Company cannot make an evaluation of the medical state or the level of physical fitness either for myself or my dependents. The undertaking of any activity by myself or my dependants is solely my decision and I accept all risks, inherent or otherwise. I am aware that it is advisable for me and my dependents to consult a doctor and/or physician before undertaking any physical activity. I certify that neither I nor any children in my care have any medical condition which might make me or them more likely to be involved in an incident which could result in injury to myself or others. This includes but is not limited to pregnancy, heart conditions, spinal or cervical conditions, epilepsy, allergies, or any injury may impair your and/or your dependents ability to use and participate in the activities being offered. (If there is any doubt, and I am not the parent or legal guardian of the dependent then I agree that I will check with their parents or legal guardian.)
(7) I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless the Company from any and all claims, demands, or causes of action, which are in any way connected with my or my dependent’s participation in activities at the Company or my use of the Company’s equipment or facilities, including any such claims which allege negligent acts or omissions of the Company. I understand that this perpetual release/waiver will apply to each and every occasion that I visit the Company’s premises.
(8) Should the Company or anyone acting on their behalf, be required to incur attorneys’ fees and costs to enforce this agreement, I (on behalf of myself and my dependents) agree to indemnify and hold them harmless for all such fees and costs.
(9) I certify that I have adequate insurance to cover any injury or damage I (or my dependents) may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I (or my dependents) may incur.
(10) In the event that I file a lawsuit against the Company in my or my dependents’ capacity, I agree to do so solely in the exclusive jurisdiction of the Dubai Courts within the United Arab Emirates, and I further agree that the substantive law of Dubai shall apply in that action. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
(11) By entering the Company premises and participating in the activities, I hereby grant the Company the irrevocable right and permission to photograph and/or record me and/or my dependents in connection with the Company and to use the photograph and/or recording for all purposes, including advertising and promotional purposes, in any manner and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. I waive any right to inspect or approve the use of the photograph and/or recording and acknowledge and agree that the rights granted to this release are without compensation of any kind. I further acknowledge and accept that CCTV images of all park entrants will be monitored and recorded throughout the premises for the purposes of crime prevention and public safety.
I understand and explicitly agree that photographs or video footage may appear on social media platforms including but not limited to Youtube; Instagram; Facebook; Snapchat and/or Twitter. I consent to the use of all such footage in the manner described above and agree that the purpose for using such photos and/or video footage is for advertising, marketing and promotional purposes only and is not intended to insult, defame or slander any person.
I understand the Company operates the FlyCam video-capture camera system which allows users who purchase a FlyCam wristband in the park to take live videos of themselves.These videos are collected by FlyCam and are wholly owned by the user. They will never be used by FlyCam or its associate without express permission of the user. Due to the nature of this system there is a chance that the user could capture video of other people in the park and share them on social media. This is out of the control of the company and FlyCam. If you do not want your image to potentially be recorded in this way, then you will not be able to use the park. By attending our park you disclaim any liability for the capture of video of you in this manner. Please note that any usage of the FlyCam service will be subject to FlyCam’s terms and conditions and privacy notice, located in account manager on the app and website login. The user should carefully review this and will need to accept in order to use the FlyCam service.
I also agree not to take or to use any photos for Commercial use without agreement from the Company.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in activities at the Company, I may be found by a court of law to have waived my right to maintain a lawsuit against the Company on the basis of any claim from which I have released them herein.
o I agree that this Risk Acknowledgement and Waiver is made on behalf of myself and all dependents in my care and that all of the above are binding on myself and those dependents. Should I not be the parent or legal guardian of the dependent(s) I hereby confirm that I have the full authority of the parent or legal guardian of the dependents to bind the dependent(s) to this Agreement.
o I have had sufficient opportunity to read this entire document and I acknowledge have read and fully understand the all of the above prior to my signing below.
o If there are any dependent(s) in this waiver other than myself I hereby confirm that I am the parent or legal guardian of the dependent(s) or I have the necessary authority from the dependent’s parent legal guardian to sign this waiver agreement.