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 Fly 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 “Fly Zone Facility”). For the purposes of using the Fly Zone Facility any other services provided by Lead IT 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:
GENERAL RELEASE
I acknowledge and agree that this Agreement covers and is intended to release and provide benefits, legal protections, and consideration to Lead IT India Pvt. Ltd, Fly Zone Franchise Group LLC, Fly 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, "FZ").
RELEASE OF POTENTIAL INJURIES
I acknowledge and agree that the use of trampolines and the other equipment at the Fly Zone Facility and that participating in activities involving trampoline and other activities undertaken at the Fly 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 Fly 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 the trampolines and other activities that take place at the Fly Zone Facility are monitored generally by Fly Zone Facility employees, whom on it or the premises to the best of their abilities and up to a reasonable standard of care, I will not hold FZ responsible for any injury, of whatsoever nature, that may occur at the Fly Zone Facility during any activity. I hereby waive all claims and rights that I may have against FZ in respect of any such injury.
I further agree and acknowledge that FZ 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 FZ 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 FZ with regard to use of the Fly Zone Facility, whether orally or in writing or through sign boards placed at several places, or in any other manner at the Fly Zone Facility
SPECIFIC RELEASE FOR "GLOW" ACTIVITIES
I acknowledge that the Fly 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 Fly Zone Facility.
VOLUNTARY ASSUMPTION OF RISK
I acknowledge and agree that I, the Children and any other person accompanying me, are participating in the activities offered at FZ voluntarily and at our own risk. I acknowledge and agree that the actions or activities of other customers or the actions or inactions of Fly Zone Facility employees could cause to any or all of us significant bodily injury (as described in this Agreement), and that FZ is not responsible for the actions or activities of customers using the Fly Zone Facility. Some of the risks include, but are not limited to, the following:
AGREEMENT TO PAY MY OWN MEDICAL EXPENSES
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 Fly 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 Fly Zone Facility, such assistance shall be at my own expense.
PERSONAL BELONGINGS
I understand and agree that I may not be permitted by FZ to carry any of my personal belongings, including but not limited to, bags, laptops, other electronic devices, etc. inside the premises of Fly Zone Facility and I agree to follow any and all instruction issued by FZ in this regard. In the event I am permitted to carry any of my personal belongings inside the Fly Zone Facility, I will be responsible for safeguarding the same and FZ 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 FZ 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. FZ will not be liable for any loss or damage that may occur due to non-compliance of any such instruction within the Fly 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 Fly 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 Fly Zone Facility. Such Objects may include, but are not limited to knife, razor, blades, pins, picks, darts, scissors, badges, buckles, keys, nail cutters and filers etc. 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 Fly Zone Facility or to any other customer.
RELEASE OF LIABILITY
I, including my heirs, assigns and successors, hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue Fly Zone, and their successors, predecessors-in-interest, assigns and insurers (collectively, the “Releases") 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 Children or any other person accompanying us of the Fly Zone Facility, premises and/or its equipment (whether trampolines or otherwise), the entry of the Children or me or any person accompanying us into the Fly Zone Facility, the condition, maintenance, inspection, supervision, control or security of the Fly Zone Facility, the failure to warn of dangerous conditions in connection with the Fly Zone Facility, and/or the acts or omissions of Fly Zone or any of the Releases, 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 Fly Zone Facility. I understand that this release and waiver applies to and includes all activities that I or my Children may engage in, as the case may be, at the premises, whether inside or outside the Fly 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 Releases, and any of them, from any loss or liability, including reasonable attorneys' fees, associated therewith or arising therefrom.
ARBITRATION OF DISPUTES; TIME LIMIT TO BRING CLAIM
All disputes arising from and in connection with this Agreement and use of the Fly 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 Releases 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 Fly 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 Fly 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.
GRANT FOR USE OF LIKENESSES
In connection with my or any person’s accompanying me and the Children's use of the Fly 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 FZ 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 Fly 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.
TERM OF AGREEMENT
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 Fly Zone Facilities, whether at the current location or any other location or facility.
SAFETY IS YOUR RESPONSIBILITY: I AND EACH CHILD AGREE TO FOLLOW THE CODE OF PATRON RESPONSIBILITY:
I would like to receive email promotions, discounts, and other advertisements from FZ 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 Fly 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 FZ and me relating to the use of the Fly 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 Releases 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 Fly 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 FLY ZONE RELATED ENTITY.
The liability waiver terms and conditions are applicable for both of our Fly Zone Trampoline Parks (Gandipet & Kondapur)
All age groups are welcome and a Fly Zone liability waiver is required for each jumper (those under 18 must have their waiver signed by their parent or legal guardian).