I have voluntarily elected to use and, if applicable, to allow the minor child(ren) identified above, under my supervision,(hereinafter individually referred to as “Child” and collectively as “Children”), to use the Sky Zone facilities and equipment located at Sy.No. 46/A and 47/A, of Kokapet Village, Rajendranagar Mandal, RR Dist 500075, T.S India (the “Sky Zone Facility”). For the purposes of using the Sky Zone Facility any other services provided by LeadIT India Pvt. Ltd. or its employees or agents at said location, or any other location within the State of Telangana, I represent, acknowledge and agree as follows:
I acknowledge and agree that this Agreement covers and is intended to release and provide benefits, legal protections, and consideration to LeadIT India Pvt. Ltd, Sky Zone Franchise Group LLC, Sky Zone LLC, and their respective and collective agents, owners, officers, managers, shareholders, affiliates, volunteers, participants, employees, and all other persons or entities acting in any capacity on their respective or collective behalf (collectively, "SZ").
I acknowledge and agree that the use of trampolines and the other equipment at the Sky Zone Facility and that participating in activities involving trampoline and other activities undertaken at the Sky Zone Facility is inherently dangerous and cause multiple kinds of injury to me and to the Children. The risks involved in making use of services provided by activities conducted at the Sky Zone Facility include serious physical or emotional injury, paralysis, death, damage to myself, the Children, and/or third parties, and damage to personal property of any or all such persons. I understand that such risks cannot be eliminated without jeopardizing the essential features of the activity, which I further acknowledge are for recreational purposes only and I am voluntarily engaging in any and all such activities and have permitted all Children accompanied by me to engage in the activities. I acknowledge and understand that, while thetrampolines and other activities that take place at the Sky Zone Facility are monitored generally by Sky Zone Facility employees, whomonitor the premises to the best of their abilities and up to a reasonable standard of care, I will not hold SZ responsible for any injury, of whatsoever nature, that may occur at the Sky Zone Facility during any activity. I hereby waive all claims and rights that I may have against SZ in respect of any such injury.
I further agree and acknowledge that SZ shall not be responsible for injury, risk, harm, damage or loss that affects or is suffered by me or any person accompanying me, including a Child, that may occur due any specific medical or health condition.
I hereby undertake to keep all Children accompanying me under my strict supervision and acknowledge that SZ will not, at any time, supervise or be responsible for activities of any such Child or all such Children. I further agree to abide by and follow all instructions provided by SZ with regard to use of the Sky Zone Facility, whether orally or in writing or through sign boards placed at several places, or in any other manner at the Sky Zone Facility
I acknowledge that the Sky Zone Facility may at any time engage in a promotion referred to as "Glow", and other similar programs and activities, that involve the use of reduced and altered or theatrical lighting and special effects, which can increase the inherent and obvious dangers of the activity and can lead to physical or emotional injury, paralysis, death, or damage to myself, the Children, and/or third parties, and damage to personal property of any or all such persons. I understand that special rules apply to "Glow" activities or any other programs and activities that involve the use of reduced and altered or theatrical lighting and special effects, and that I and the Children may choose not to participate in such activities. I acknowledge and agree that in the eventthe Children, I or any other person accompanying me participatesin the "Glow" and any other similar programs and activities, such participation will be solely and exclusively at our own risk, and that by participating, we waive the right to seek damages for any injuries, harm, damage or loss that may occur to any or all of us in the course of “Glow” or any other such similar activity conducted at the Sky Zone Facility.
I acknowledge and agree that I, the Children and any other person accompanying me, are participating in the activities offered at SZ voluntarily and at our own risk. I acknowledge and agree that the actions or activities of other customers or the actions or inactions of Sky Zone Facility employees could cause to any or all of us significant bodily injury (as described in this Agreement), and that SZ is not responsible for the actions or activities of customers using the Sky Zone Facility. Some of the risks include, but are not limited to, the following:
a) partial or full paralysis and death due to participation in any activity at or utilization of Sky Zone Facility;
b) Sky Zone facilities are public in nature and thereby used by a variety of persons. In the due course of such usage, participants may suffer cuts, scrapes, bumps, bruises, the transmission of disease, strains and allergic reactions through use of the Sky Zone Facility equipment or contact with other participants or surfaces they have contacted. Participants may sprain, pull, fracture or otherwise seriously externally or internally injure themselves and any part of their body (including head, face, nose teeth/jaw, neck, torso, spine, arms, wrists, hands, legs, ankles, feet or other body parts)as a result ofusing the trampoline(s) or other equipment, landing improperly on the trampolines or other equipment, or making contact with other participants. As noted in paragraph a) above, such injuries can lead to paralysis, disfigurement or death. Participation may result in heat stroke, heart attacks, dehydration and other exertion-related medical events.
c) Participants may fall on each other, resulting in fractured bones and other serious injuries. Double bouncing, more than one person per trampoline, flipping, running and bouncing off of the walls and wall-mounted trampolines, and other participant body movements (whether planned or unplanned) can create a rebound effect and lead to unpredictable body movements and anticipated or unanticipated bodily contact, any or all of which can lead to serious injury.
d) Traveling to and from trampolines can result in similar physical injury (even if the participant is not himself or herself bouncing at the time).
e) Observing, standing, sitting or taking photographs at or near any trampoline or activity can result in similar physical injury (even if the observer is not himself or herself participating at the time).
f) Participation during reduced or altered lighting "Glow" events can affect depth perception and visibility and may cause me and/or my Children to fall, slip, misstep, collide with other jumpers, or collide with equipment which can result in a greater risk of serious physical or emotional injury, paralysis, or death.
I acknowledge, accept, and assume the risk of any and all medical conditions, limitations, or disabilities (whether temporary or permanent) that I or the Children or any other person accompanying us possess, whether known or unknown, which might contribute to or exacerbate any injury I or the Child might sustain as a result of using the Sky Zone Facility or any of its equipment. I acknowledge and agree that if medical assistance (of any form, including emergency care, hospitalization, out-patient care, and/or physical therapy) is required or performed as a result of any injury I or the Children or any other person accompanying us sustains while using the Sky Zone Facility, such assistance shall be at my own expense.
I understand and agree that I may not be permitted by SZ to carry any of my personal belongings, including but not limited to, bags, laptops, other electronic devices, etc. inside the premises of Sky Zone Facility and I agree to follow any and all instruction issued by SZ in this regard. In the event I am permitted to carry any of my personal belongings inside the Sky Zone Facility, I will be responsible for safeguarding the same and SZ will not be responsible, in any manner whatsoever, for any loss, damage, destruction, defect, or the like (“Loss”) caused to any such personal belongings. I hereby waive all claims, rights, damages, remedies and relief that I may have against SZ for any Loss of such personal belongings.
I acknowledge and accept that any belongings including devices such as mobile phones are not permitted on trampoline and the Children, I or any other person accompanying us will not be permitted to carry any belongings in the trampoline area or during any other activity in any or all of us participate. SZ will not be liable for any loss or damage that may occur due to non-compliance of any such instruction within the Sky Zone Facility. I further acknowledge and accept that the Children, I and all other persons accompanying us will not bring any dangerous or harmful articles in the Sky Zone Facility including but not limited to any object with sharp edges, corners and points that can cause any damage to any other customer or to the trampoline and materials and objects in the Sky Zone Facility. Such Objects may include, but are not limited to knife, razor, blades, pins, picks, darts, scissors, badges, buckles, keys, nail cutters and filersetc. I agree and acknowledge that I will be responsible for any and all loss, damage, harm, or injury, that may occur to the objects, materials, trampolines, equipment in the Sky Zone Facility or to any other customer.
I, including my heirs, assigns and successors, hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue Sky Zone, and their successors, predecessors-in-interest, assigns and insurers (collectively, the"Releasees") from any and all claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, attorneys' fees, damages, judgments and liabilities, of any kind or nature, in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, related to or arising, directly or indirectly, from use by or access to by me or the Childrenor any other person accompanying us of the Sky Zone Facility, premises and/or its equipment (whether trampolines or otherwise), the entry of the Childrenor meor any person accompanying us into the Sky Zone Facility, the condition, maintenance, inspection, supervision, control or security of the Sky Zone Facility, the failure to warn of dangerous conditions in connection with the Sky Zone Facility, and/or the acts or omissions of Sky Zone or any of the Releasees, including, without limitation, any claim for negligence, failure to warn or other omission, property damage, personal injury, emotional injury, illness, bodily harm, paralysis or death. I understand that this release and waiver applies not only to use of the trampolines, but to all other equipment, activities and games at the Sky Zone Facility. I understand that this release and waiver applies to and includes all activities that I or my Childrenmay engage in, as the case may be, at the premises, whether inside or outside the Sky Zone Facility. In the event that any claim released herein is brought by, or asserted on behalf of, the Releasing Parties, I shall immediately defend, indemnify and hold harmless the Releasees, and any of them, from any loss or liability, including reasonable attorneys' fees, associated therewith or arising therefrom.
All disputes arising from and in connection with this Agreement and use of the Sky Zone Facilities shall be referred for arbitration by the Parties to the dispute. By agreeing to arbitrate any dispute as per this section, I am waiving my right, and the right(s) of the Children, and any third party accompanying us to bring a lawsuit against the Releasees for any and all claims covered by this Agreement. .
Any dispute, claim or controversy arising out of or relating to my or the Child's access to and/or use of the sky zone premises and/or its equipment, including the determination of the scope or applicability of this agreement to arbitrate, shall be brought within one year of its occurrence (i.e., the date of the alleged injury) and be determined by arbitration in the offices of the Sky Zone Facility, Kokapet, Hyderabad, by a single arbitrator. The arbitration proceedings shall be conducted as per the Arbitration and Conciliation Act, 1996 as amended from time to time. The award made by the Arbitrator shall be final and binding on all parties. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
This Agreement shall be governed by, construed and interpreted in accordance with the laws of the India, without regard to choice of law principles.
In connection with my or any person’saccompanying me and the Children's use of the Sky Zone Facility, I consent to the recording of the Child's and my physical likeness and/or voice through mechanical, photographic, technical, digital, electronic or other means ("Recordings"). I hereby consent to and authorize SZ and its agents, representatives, employees, successors and assigns to use, in perpetuity, such Recordings, as well as the Child's name and my name, for the purposes of advertising, promoting, marketing and/or publicizing any Sky Zone Facility. I further agree that the foregoing includes the consent to use the Children's and/or my physical likeness in any form. In addition, I waive any and all claims I may have in connection with the Recordings.
I understand that this Agreement is valid and shall subsist till perpetuity and will have full force and legal effect each and every time I or the Children or any other person accompanying us visit Sky Zone Facilities, whether at the current location or any other location or facility.
a) I acknowledge that there are inherent risks in the participation in or on any trampoline court, and that such risks include not only the use of trampolines, but other activities and equipment. Patrons of a trampoline court who use trampolines, and those who engage in any other activities or use any other equipment, by participation, accept the risks inherent in such participation of which the ordinary prudent person is or should be aware. Patrons have a duty to exercise good judgment and act in a responsible manner while using the trampoline court and other equipment, and while engaging in such activities. Patrons have a duty to obey all oral or written warnings, or both, prior to or during participation, or both.
b) Ishall not participate in any activity on any trampoline court, or engage in any other activity or use any other equipment, when under the influence of drugs or alcohol.
c) I shall properly use all safety equipment provided, whether for the trampolines at the trampoline court, or otherwise.
d) I agree tonot participate in any activity on any trampoline court, or engage in other activities or use other equipment, if suffering from have pre-existing medical conditions, including but not limited to, circulatory conditions, heart or lung conditions, recent surgeries, back or neck conditions, knee or ankle conditions, high blood pressure, any history of spine, musculoskeletal or head injuries, or if am pregnant.
e) I shall remove inappropriate attire including wet clothes, and not carry any hard, sharp or dangerous objects such as buckles, pens, purses, badges and so forthon my person while using the Sky Zone Facilities’ equipment and services.
f) I shall avoid bodily contact with other patrons.
g) I must conform with or meet height, weight or age restrictions as imposed by the manufacturer or owner of the Sky Zone Facilities in order to use or participate in any trampoline park activity, whether involving the use of trampolines, or otherwise.
h) I shall avoid crowding or overloading individual sections of the trampoline court, or other equipment.
i) I shall use the trampoline court, and other equipment, within my own limitations, training and acquired skills.
j) I shall avoid landing on the head or neck. Serious injuries, including paralysis or death can occur when landing on the trampoline court bed, or elsewhere, whether involving the trampoline, other equipment, or otherwise.
k) I shall not consume any food or drinks while engaging in the recreational activities at the Sky Zone Facilities.
l) I shall not smoke cigarettes or consume any alcohol anywhere on the Sky Zone Facilities’ Premises.
m) I also agree to follow and obey all posted and stated warnings and patron education signs.
n) I agree to explain all safety rules to each Child I accompany, and to ensure that the Child obeys the safety rules.
I would like to receive email promotions, discounts, and other advertisements from SZ and its partners at the email address provided below. I may unsubscribe at any time.
I have had sufficient opportunity to read this document. I have read and understood and agree to be bound by its terms. I understand that employees working at the Sky Zone Facility, including the manager, do not have the authority to waive any provision of this Agreement. This Agreement constitutes and contains the entire agreement between SZ and me relating to the use of the Sky Zone Facility. There are no other agreements, oral, written, or implied, with respect to such matters. I agree that if any portion of this Agreement is found to be unenforceable, the remaining portions shall remain in full force.
By signing below, (either by manual signature or in digital form) I represent and warrant that I am the parent, legal guardian, or power-of-attorney holder of the above listed Child(ren) and have the authority to execute this Agreement on his/her or their behalf and to act on his/her or their behalf. I have read each and every paragraph in this document and I and they agree to be bound by the terms stated therein, including the release of liability contained therein. I further agree to indemnify and hold harmless the Releasees from any and all claims which are brought by or on behalf of this or these minor Child or Children, or any of them, which are in any way connected with, arise out of, or result from their use of the Sky Zone Facility. I am 18 years of age or older. I am entering this agreement on behalf of myself, my spouse or domestic partner, the Children, and our respective and/or collective issue, parents, siblings, heirs, assigns, personal representatives, estate(s), and anyone else who can claim by or through such person or persons (collectively, the "Releasing Parties").
IN SUMMARY, BY MY SIGNATURE BELOW, I ACKNOWLEDGE THAT IF I OR ANY OF THE CHILDREN UNDER MY SUPERVISION OR GUARDIANSHIP OR ANY OTHER PERSON ACCOMPANYING MEARE INJURED IN ANY WAY, THIS WAIVER PREVENTS AND PROHIBITS ANY RECOVERY OF MONEY FROM ANY SKY ZONE RELATED ENTITY.
The liability waiver terms and conditions are applicable for both of our Skyzone parks(Gandipet & Kondapur)
All age groups are welcome and a Sky Zone liability waiver is required for each jumper (those under 18 must have their waiver signed by their parent or legal guardian).