In consideration of the use of the premises, facilities and services of Let’s Play Indoor Adventure Zone, described below, I (the “Visitor”) and, if the Visitor is less than eighteen years of age (a minor), his or her parent or legal guardian (the “Parent”, who is executing this agreement on behalf of the Visitor and hereby represents and warrants that they are such Visitor’s parent or legal guardian) understand, acknowledge and hereby agree as follows:
The Facility: This agreement pertains to Let’s Play Indoor Adventure Zone which is owned by SAS Amusement Pvt. Ltd., located at Big Shopping Center, First Floor, Shop no. 111, Ghodbunder Road, Kasarvadavali, Thane 400615 (the “Facility”).
Activities and Risks: I understand that the activities offered by Let’s Play include the following (collectively, the “Activities”): climbing on artificial indoor and outdoor walls of up to 35 feet in height, team building activities, rescue training and other activities on aerial equipment, yoga and fitness training and classes, including the use of other aerobic and weight equipment. The Activities require moderate to heavy physical exertion. All Visitors will receive an orientation in the use of the Facility, including its equipment and Activities. Facility staff has no responsibility to assist, supervise or even observe Visitors in their activities or movement about the Facility. Fitness and yoga training may be operated by independent contractors and/or tenants of the Facility. When that is the case, the independent contractor or tenant, not the Facility, is responsible for its respective activities, and disputes and claims arising from their activities must be resolved with the contractor or tenant, not the Facility. Visitors are free to move about the premises, including parking areas, at their own risk, No Visitor is allowed in an activity area of the Facility who is under the influence of alcohol or any other substance, or who, for any reason, might be a danger to themselves or others.
I understand that climbing and the Activities are inherently dangerous and that Visitors will be exposed to risks including, among others: trips and falls and other accidents that may occur in moving about the Facility and its perimeter, including its parking area; overexertion; failing to properly secure themselves to belay devices; falls from walls and other structures and equipment; abrupt contact with other persons, structures and equipment; falling climbers, and dropped tools and hardware; the failure of ropes, harnesses, climbing holds and other equipment, including mats and pads; and the carelessness of staff and other visitors. Rented equipment is accepted by the Visitor in an “as is” condition and without any warranty as to condition, fitness or otherwise. Visitors share the responsibility for managing the risks of the Facility and its activities, supervised or not, and must follow staff instructions and directions, Facility Rules and Policies.
Assumption of Risks: The risks described above, and others are inherent to the Facility, their Activities and premises – that is, they cannot be eliminated without destroying the basic nature of the visit to the Facility and reducing its appeal and value. I understand that the risks described above, and other, inherent or not, may result in all manner of trauma inkling breaks, sprains, abrasions, serious injury and even death. I acknowledge and assume all such risks, inherent and otherwise and whether or not described above. If the Visitor is a minor, I, Parent, have discussed the activities and risks with the minor, who understands them and wishes to participate nevertheless.
Release and Indemnity: I, for myself and, to the maximum extent allowed by law, on behalf of my minor child or ward, if applicable, agree to release and not to sue, and to defend and indemnify (that is, to pay or reimburse damages and costs, including attorneys’ fees), Let’s Play Indoor Adventure Zone, SAS Amusement Pvt. Ltd., and their respective owners, members, directors, officers, staff and contractors (all referred to as “Released Parties”) with respect to any and all claims of injury, disability or death, products liability (including strict liability), breach of warranty or other loss or damage to person or property in any way related to my, or the minor Visitor’s, visit to the Facility, including the use of its facilities, equipment or services. These agreements of release and indemnity include loss or damage caused or claimed to be caused in whole or in part by the negligence, but not the intentional wrongs or the gross negligence , of a Released Party.
Other: I acknowledge and agree to the following additional provisions:
I agree to abide by the Facility rules.
I hereby authorize and grant permission to the Facility to secure emergency medical treatment for myself or, if my minor child or ward is the Visitor, for the minor. I have insurance sufficient to cover medical costs that may be incurred and/or in any event I agree to be responsible for such costs. I represent that neither I nor the minor Visitor (if applicable) have any mental or physical condition that might create risks to ourselves or to others. I understand that the Facility reserves the right to deny or terminate a Visitor’s participation in its Activities, in its sole discretion.
I authorize the Facility to take photographs and videos of me or the minor Visitor for any lawful purpose (e.g., publicity, web content) without compensation and agree that such photographs and video are the property of the Facility.
I, along with the Released Parties, agree that the laws of the State of Maharashtra shall govern this agreement and that any action or claim relating in any way to this agreement, the Facility, the Activities, or any other dispute between a Released Party and a Visitor or Parent shall be brought solely in a court of competent jurisdiction in Thane, Maharashtra. The prevailing party in any such action or claim shall be entitled to recover its related costs including attorneys’ fees. I, along with the Released Parties, AGREE TO WAIVE MY RIGHT TO A TRIAL IN ANY ACTION OR PROCEEDING related in any way to this agreement, the Facility, or the Activities.
This agreement shall be binding, to the fullest extent allowed by law, on all persons signing below, the minor child, if any, and their respective successors, heirs, executors, administrators and family members. It may not be altered. If any part of this document is deemed by a court of competent jurisdiction to be unenforceable the remainder shall nevertheless remain in full force and effect.
I understand that each time I, or the minor Visitor, visits a Facility, then I, or the minor Visitor, shall be and remain bound by the terms and conditions herein; provided, however, that the Facility may require a modification or replacement agreement in the future as a condition to further visits to the Facility.
WARNING: A person who falsifies his or her signature below or misrepresents the capacity (as parent or legal guardian, for example) in which they sign will be considered a FORGER and in addition to other civil and criminal penalties will be deemed to have agreed to indemnify the Released Parties from and against any claim of loss asserted by or on behalf of a person whose visit to the Facility was facilitated by that forgery.
I have read, understood, and fully informed myself of the contents of this agreement, which constitutes a binding contract.
For a minor, 17 years and younger:
Parent/Guardian Signature: Date:
I AM THE PARENT OR LEGAL GUARDIAN OF THE MINOR VISITOR AND I HAVE READ THIS VISITOR AGREEMENT (WHICH INCLUDED AGREEMENTS OF RELEASE AND INDEMNITY) IN ITS ENTIRETY. I AM SIGNING THIS VISITOR AGREEMENT ON MY OWN BEHALF AND ON THE BEHALF OF THE MINOR VISITOR(S).
1) Minor Name:
2) Minor Name:
3) Minor Name:
For an adult, 18 years and older:
Adult Visitor Signature: Date:
I HAVE READ THIS VISITOR AGREEMENT (WHICH INCLUDES AGREEMENTS OF RELEASE AND INDEMNITY) IN ITS ENTIRETY AND I AM SIGNING IT ON MY OWN BEHALF.
Emergency Contact: Phone: Relation: