SuperPark Hong Kong Waiver of Liability
PLEASE READ THIS DOCUMENT CAREFULLY. BY AGREEING TO THIS DOCUMENT,YOU’RE PROVIDING YOUR WAIVER AND CONSENT AS SET OUT BELOW.
In consideration of the services and facilities offered and/or provided by SuperPark Asia Limited, its employees, directors and agents, and all other persons or entities acting in anycapacity on behalf thereof (collectively, “SuperPark”), I hereby acknowledge and agree tothe following terms of this document (“Waiver and Consent”):
Capacity & Authority
I, the individual listed below, have attained 18 years of age, and am accepting and agreeing to this Waiver and Consent on my own behalf, and/or on the behalf of the below listed participants under the age of 18 (“minors”) as, or as duly authorised agent on behalf of, their parent or legal guardian.
In relation to the minors listed (if any) below, I represent that I have full authority as, or on behalf of, the parent or legal guardian of the minors to accept the terms of this Waiver and Consent on their behalf.
Assumption & Acknowledgement of All Risks
SuperPark is the supplier of the recreational services and facilities offered and/or provided by SuperPark at its premises (“SuperPark Hong Kong”) including, but not limited to,trampolines, Skate and Scoot, walls, climbing arenas (including but not limited to the“Augmented Climbing Wall”), obstacle courses (including but not limited to “Adventure City”),Foam Pit and/or any equipment or item at SuperPark Hong Kong (collectively, “SuperPark Facilities”), the use, rental or maintenance of any item or equipment on, and the use of, anySuperPark Facilities and any activities whatsoever (including but not limited to any training programs/classes/clinics, instructions and/or courses) (collectively, “SuperPrograms”) at the SuperPark Hong Kong.
I acknowledge and understand that the Skate N Chill & SuperPrograms can be dangerous with many inherent risks and hazards and that certain risks cannot be eliminated without jeopardizing the essential qualities of the Skate N Chill & SuperPrograms and the use of the SuperPark Facilities. Any participation in the Skate N Chill & SuperPrograms, use or misuse of the SuperPark Facilities and/or SuperPark Hong Kong involves a significant risk to Participants. Such risks could include, but are not limited to, cuts and bruises, falls, broken bones, injuries to wrists, arms, legs, ankles, backs, heads and necks, injuries from flips or contact with other participants, spinal injuries other serious injuries, permanent disability and/or even death.
I agree to participate in the Skate N Chill & SuperPrograms and/or use the SuperPark Facilities at SuperPark Hong Kong at my own risk, and expressly assume and accept all risks in relation thereto.
Waiver, Release & Discharge
To the fullest extent permitted by law, I hereby waive any and all claims, suits or demands arising out of, and the right to sue SuperPark for, and release and discharge SuperPark from:
- any liability for any personal injury or death in any way whatsoever caused by orrelating to the Participant’s participation in such activities howsoever caused, saveand to the extent found to be directly caused by SuperPark’s negligence; and
- any property damage or other loss, including but not limited to any and all negligence, negligent supervision and/or negligent instruction, faulty equipment, or the activities of others.
To the fullest extent permitted by law, I agree to indemnify, defend and hold harmless SuperPark against all and any losses, claims, proceedings, damages, liabilities (whether joint or several), costs and expenses (including reasonable legal fees), whether:
a. as a result of my or any of the listed minors’ own negligence, omission, act, conductor behaviour otherwise whilst participating in the Skate N Chill & SuperPrograms, using the SuperPark Facilities or otherwise being on the SuperPark Hong Kong, and/or
b. arising in connection with or as a result of (or anyone on my or any listed minor’sbehalf) making a claim against SuperPark despite the waiver, release and discharge I have given.
Agreement & Acknowledgement
I agree that I will use the SuperPark Facilities in a responsible manner, and with respect for my own safety and the safety of others. I acknowledge that I may be liable to other individuals for their injuries, if such injuries arise from irresponsible, deliberate or reckless behaviour. I agree to pay for any damage caused to any part of the SuperPark Facilities as a result of irresponsible, deliberate or reckless behaviour. I agree to pay the cost of and authorise SuperPark to take all steps it considers reasonably necessary to protect my welfare in the event of personal injury, including the administration of any emergency medical treatment and ambulance transportation. Where I am responsible for a minor (whether as parent, legal guardian, custodian or otherwise), I agree to be bound by thisWaiver and Consent on the minor’s behalf. I take responsibility for the minor’s safety andundertake to directly supervise him/her at all times.
Declaration of Good Health
I certify that I and the listed minors are, as at the date of this Waiver and at each visit to SuperPark Hong Kong, in good health and physical condition and free from any medical conditions which may affect or preclude any of us from safely participating in any activities.
I understand that for safety reasons, pregnant women and customers with pre-existing health issues, who are over 120kg in weight or wearing casts are not permitted on any SuperPark Facilities. I should seek medical advice if in doubt.
Property & Belongings
I undertake to look after my own belongings at SuperPark Hong Kong and release SuperPark from any liability for any loss or damage to my property (howsoever caused) in the course of engaging in any Skate N Chill & SuperPrograms.
Authorisation To Use Images & Personal Information
This Waiver and Consent applies forever, for any date in the future including today’s date, that I or the listed minors may visit SuperPark Hong Kong, and is further binding on the heirs, representatives and estates of the undersigned and minors.
I will comply with all signs, notices, directions, instructions or requests of SuperPark, and acknowledge that SuperPark reserves the right (in its absolute discretion) to suspend orcancel any person’s access to any Skate N Chill & SuperPrograms and/or any SuperPark Facilities, without refund or compensation, for non-compliance with any of SuperPark’sConditions of Sale, signs, notices, directions, instructions or requests, for any unsafe, reckless or careless conduct, to ensure the safety, security or order at the SuperPark Hong Kong, or if SuperPark considers that the circumstances so require.
Each of the terms of this Waiver and Consent shall be subject to and shall apply to the fullest extent permitted by law. In the event of any conflict with the Conditions of Sale, the relevant terms of this Waiver and Consent shall prevail.
Any provision stated herein which is held to be illegal, invalid or unenforceable will be ineffective solely to the extent of such illegality, invalidity or unenforceability, without affecting the other provisions herein which shall remain in full force and effect and will be deemed to be amended as necessary to give effect as close as possible to the intent and purposes of the illegal, invalid or unenforceable provision.
This Waiver and Consent shall be governed by and construed in accordance with the laws of Hong Kong and the courts of Hong Kong shall have exclusive jurisdiction over any dispute arising in connection with this Waiver and Consent.
I, for myself and/or for the listed minors as (or as the duly authorised agent of) their parent, legal guardian, custodian, have carefully read this Waiver and Consent, fully understand its terms, and sign it freely and voluntarily.
I understand that I, and the listed minors, have given up substantial rights by signing it, and agree to be bound by its terms for myself and on behalf of the listed minors.
I certify and confirm that the information I have entered is accurate and true.
I am at least 18 years old and I have read and agree to the terms of this Waiver and Consent for myself. *
I am the parent or legal guardian of the listed minors, or am the duly authorised agent of the parent or legal guardian of the listed minors, and have due authority to agree to the terms of this Waiver and Consent on their behalf. *