children RELEASE OF LIABILITY, WAIVER OF CLAIMS AND ASSUMPTION OF RISK AGREEMENT
Stratospheric Entertainment Private Limited (Mumbai, India, CIN: U92490MH2019PTC3235821305373)
In order to participate in the activities that are offered by Stratospheric Entertainment Private Limited, its licensor, Bounce International Pty. Limited and its affiliates (collectively referred to as “Bounce”), you must understand and be aware of the risks involved and agree to accept responsibility for you and your dependents (including a person who has not attained the age of 18 years i.e. a minor participant) (“Dependents”) subsequent, informed and voluntary participation. Use of any of the activities at Bounce premises can result in injury. Your use and/or Dependents’ use of the Bounce facilities is undertaken in accordance with the rules and conditions displayed throughout Bounce.
Bounce has implemented all reasonably necessary safety measures without removing the inherent nature of the activities. As such, Bounce requires your agreement, confirmation, approval, undertaking, consent and waiver (as may apply), as per the following, only if you fully agree to the following.
I understand that during my or my Dependents’ participation and/or all future visits, I or we may be exposed to a variety of hazards and risks, both seen and unforeseen. I am fully aware of the services, equipment and/or other facilities that are offered by Bounce and I have inspected the same to my satisfaction. I am also fully aware of my physical limitations and those of my Dependents.
I individually and/or for any/all of my Dependents, understand and accept that the activities that I or we will engage in at Bounce involve inherent and other risks. These risks can result in varying degrees of physical harm, personal injury, disfigurement and potentially death, and I, for myself and on behalf of my Dependents, fully waive off any liability or claim I and/or my Dependents may have against Bounce or its shareholders, directors, officers, managers, employees, staffs, agents or assigns due to any direct or indirect mishap, injury, loss, trauma or death.
RELEASE OF POTENTIAL INJURIES
I understand and accept that the activities offered by Bounce are strenuous and can be dangerous and require a higher degree of physical ability, maturity and skill. I understand that Bounce will neither evaluate nor recommend (whether expressly or impliedly) my sufficient physical fitness for engaging in the activities provided by Bounce.
I acknowledge that it is my sole discretion to use and allow my Dependents’ to engage in the activities provided and will assume all risks, both inherent and other risks (direct and indirect) and accept full responsibility for any personal property damage and loss and for any degree of physical harm I and/or my Dependents may suffer.
I understand that failure, deliberate or otherwise, to adhere to the rules and regulations, going into out of bounds areas, or misuse of any equipment will result in full liability being assumed by the participant, my Dependents and me.
PHOTO/VIDEO/SOCIAL MEDIA WAIVER
Bounce may use any of my photographs, video footage, or those of my Dependents who use Bounce’s facilities, collected during our use of Bounce’s facilities for publication and for use in advertising or promotional material. Such photographs or video footage may appear (whether on their own or in conjunction with other photographs, video footage and/or text graphics) on social media platforms such as Facebook; Instagram; Twitter; YouTube; and/or Snapchat, etc. I hereby grant Bounce the unfettered right to use all such photographs and/or video footage in such manner and hereby grant us permission to record, store, transmit, reproduce, replicate, modify, advertise and generally exploit all such photographs and video footages for its benefit and in such manner as Bounce in its independent discretion deem appropriate. I also note that Bounce operates closed circuit television cameras on-site which may be recording my footages, and of my Dependents while using Bounce’s facilities. I fully consent to Bounce’s 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 fully acknowledge and agree that my consent and agreement to the above is given for myself as well as on behalf any Dependents while using Bounce’s facilities. I also agree not to take photos for any commercial use without the advance written express consent of Bounce.
WAIVER AND RELEASE
To the fullest extent allowed by law, I hereby forever waive, release from liability and discharge claims against Bounce, its employees, directors, owners and its subsidiaries from, and agree not to pursue any form of legal action for any and all directly or indirect liabilities or claims connected to or arising out of mine or any of my Dependents’ participation in the activities and use of any and all equipment and facilities of Bounce. This release refers to all claim types, including breach of contract fraud, or any other suit and includes losses alleged to be caused by the negligence of Bounce to the fullest extent permitted by the law.
AGREEMENT TO PAY MY OWN MEDICAL EXPENSES
I agree that I am responsible for any and all medical costs, including, but not limited to ambulance, hospital, pharmacy, physiotherapy, psychological, rehabilitation or other medical costs that may be incurred by me or my Dependents, as well as any person claiming against me or my Dependents or persons under my care.
I am aware that it is advisable to consult a doctor or physician before undertaking any physical activity at Bounce. I warrant that I, and/or my Dependents do not suffer from any medical condition and/or incapacity which may impair my and/or my Dependents’ ability to use and participate in the activities and services and further, that I, and/or my Dependents do not suffer from any heart condition, epilepsy, allergies, skeletal conditions, spinal, history of sport injury or any other medical condition which may result in me and/or my Dependents potentially placing myself and/or my Dependents or others in a position of risk by participating in the activities/services.
I am aware that pregnant individuals are not permitted to take part in any of the activities at Bounce and I declare and confirm that I, my Dependents or any person under my care participating in any activity at Bounce is not pregnant at the time of participating in the activities at Bounce.
TERM OF AGREEMENT
I understand that this agreement extends endlessly into the future and will continue to have full force and legal effect each and every time I and/or my Dependent visits Bounce premises until this agreement is terminated or modified by Bounce at their own discretion.
ARBITRATION OF DISPUTES
In case of any dispute, differences, controversies and questions or claims (“Dispute”) arising out of or in connection with or relating to the performance, interpretation, termination or validity of this agreement, the parties shall take reasonable endeavours to resolve such Dispute internally through mutual discussions within a period of 30 (Thirty) days from the date of receipt of notice of such Dispute by one party from the other.
In the event the Dispute cannot be resolved amicably by the parties within 30 (Thirty) days from the date of notification of Dispute by one party to the other, the Dispute shall be resolved by arbitration conducted by a single arbitrator appointed by Bounce, in accordance with the Arbitration and Conciliation Act, 1996, with its statutory modifications, enactments or re-enactments thereto as amended.
This agreement shall be governed by and be construed in accordance with the laws of India and, subject to Arbitration Clause, courts at Mumbai shall have exclusive jurisdiction to adjudicate on all Disputes arising from or in relation to this agreement.
I hereby accept my legal responsibility for myself and/or my Dependent(s). On behalf of myself and/or my Dependent(s) I agree to all of the above terms stated in this document and agree to indemnify Bounce from any and all claims that may be brought by or on behalf of the Dependent(s) arising out of or in connection with mine or/and my Dependents’ participation in the activities at Bounce. I agree not to bring any litigation against Bounce. I agree to pay any and all legal costs incurred by Bounce in defense of any litigation brought against Bounce.