Participation Waiver
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Participation Waiver
Total Ninja Manchester (operated by Innovation Leisure Manchester
Limited) Safety Agreement
and Terms & Conditions of Participation, hereafter referred to as the PARTICIPANT AGREEMENT.
At Total Ninja Manchester we take your health and safety seriously. We wish to highlight
that any of the activities available can be potentially hazardous physical activities and
that participation can lead to a risk of injury and even death.
I, the Participant or Parent/Guardian of Participant(s), confirm as follows:
1. I understand and accept that in participating in activities at Total Ninja Manchester
that there is an element of danger and risk of physical or emotional injury, paralysis,
death, or damage to me, to property or to third parties including participant(s) and others
and consequently the participant(s) is/are to undertake to use Total Ninja Manchester
equipment and facilities (the “Facilities”) and to conduct themselves while on Total Ninja’s
premises, in a sensible and responsible manner and in compliance with all notices,
instructions and directions as published or displayed from time to time and in compliance
with any instruction given to the participant(s) by an authorised person in Total Ninja’s
control. I understand that such risks simply cannot be eliminated without jeopardizing the
essential qualities of the activity. The risks include, among other things and without
limitation:
Risk of cuts and bruises. Other more serious risks exist as well. Due to the nature of the
activities there is a risk that participants may fall off equipment, and sustain sprains or
breaks, or could suffer more serious injuries. Transitioning between obstacles carries the
possibility of any manner of accidents. Similar risks are also inherent in using the Foam
Pits, Ball Pools, Jump Towers or Air Bags.
2. I expressly agree and promise to accept and assume all the risks existing in this
activity. My participation in this activity is purely voluntary, and I elect to participate
despite the risks. I warrant that I will only undertake obstacles and challenges that are
within my ability level and throughout which I will be able to maintain control.
3. I understand that the activities provided by Total Ninja require a reasonable level of
fitness and agility and I warrant that I am fit and able to participate. I also warrant that
the participant(s) is/are in a good state of health and free from any injury, medical
condition, disease or illness which may be aggravated by participating in activities that
makes it dangerous for me to partake in such activities I expressly agree and promise to
accept and assume all of the risks associated with the activities.
Additionally, the participant(s) recognises that such a breach in this term is dangerous or
may increase any risk of injury to the participant(s) or others or make more likely that the
participant(s) will be involved in an accident which could result in any form injury during
the activity.
4. I acknowledge that the activities provided by Total Ninja are not available to pregnant
women and that by accepting these terms I confirm that the participant(s) is/are not
pregnant.
5. I acknowledge that cosmetic body enhancements including but not limited to false nails,
non-removable jewellery and other surgical additions could cause injury to the
participant(s) of any activities. Total Ninja strongly advises any participant(s) to remove
these if possible before participating or not to participate, as Total Ninja will not be
held accountable for any injury caused to the participant(s).
6. I acknowledge and agree that the participant(s) is/are responsible for their own safety
and the safety of others whilst participating in activities. I understand that the
activities may be undertaken without direct supervision following safety instructions and
agree that the participant(s) will at all times wear any protective equipment provided by or
required by Total Ninja to be worn and will ensure that the participant(s) complies/comply
with all instructions given at any time during the activities by Total Ninja by any of its
staff, media or signage
7. I agree that the participant(s) shall not participate in any activities provided by Total
Ninja unless the participant(s) has/have undertaken Total Ninja Safety Briefing or been made
aware verbally of the Ninja Code or been directed to the signage relating to the ninja code
in relation to the activities and confirm that the participant(s) will comply with these at
all times whilst on the premises from which the activities will be carried out.
8. I agree that the participant(s) will only attempt obstacles and challenges that are
within the participant(s)’s skill and fitness levels and of which the participant(s) is/are
able to retain control of at all times. That the participant(s) will also only use features
that the participant(s) has/have the ability to use within the participant(s)’s skill and
fitness levels. Obstacles and challenges are undertaken entirely at the participant(s)’s own
risk and I will not hold Total Ninja liable for any injury the participant(s) may attain
whilst participating in these activities.
9. I agree and promise to ensure the participant(s) accept(s) to be responsible for any and
all risks existing and subsisting in the activities. I acknowledge that participation in the
activities is voluntary and that the participant(s) elect(s) to participate despite of the
risks and agrees to accept the consequences of so doing.
10. That the participant(s) will not use Total Ninja’s facilities and activities whilst
under the influence of any drugs or alcohol.
11. That I will fully indemnify Total Ninja Manchester, its agents and employees against any
claim brought by a third party for loss, damage, injury or death which has been caused by
any action or omission of mine or any act or omission of any participant(s) of which I am
the lawful parent or guardian or any participant(s) whose supervision is wholly or partly my
responsibility at the time of the relevant act or omission that would, if they had agreed to
the same with full capacity to do so, amount to a breach of these Terms and Conditions or
which amounts to negligence or a wilful act or omission.
12. That when accompanying a child or children under the age of 16 years, I will comply and
ensure that the child or children are safe and looked after. I will be present on site at
all times and will not leave them unattended.
13. I confirm and agree that the participant(s) will comply with all age, height & weight
restrictions specified by Total Ninja from time to time. The participant(s) acknowledge(s)
that if they do not comply with any of these restrictions or any other requirements put in
place by Total Ninja from time to time, they will not be able to participate in the
activities and agree that they will promptly withdraw upon request by Total Ninja.
14. I acknowledge that nothing in these Terms and Conditions is intended to avoid liability,
on the part of Total Ninja Manchester, for personal injury or death caused by the negligence
of wilful act of its authorised person or agents.
15. I and as parent or legal guardian of any accompanying children give consent and agree to
total Ninja’s photographing and/or recording(s) myself and any accompanying children and to
use any such photographs and/or recording solely and only for Total Ninja advertising or
promotional purposes. Myself and any accompanying minors hereby waives any right to inspect
or approve the use of any such material and acknowledge and agree that the rights to use
such material shall not require payment or compensation of any kind to be made by Total
Ninja to myself and/or any accompanying children. I am fully aware that I must contact a
manager of Total Ninja Manchester if I do not wish to be a part.
16. Should Total Ninja or anyone acting on their behalf, be required to incur legal fees and
costs to enforce this agreement, I agree to Indemnify and hold them harmless for all such
fees and costs. This means that I will pay all those legal fees and costs myself.
17. The participant(s) consent(s) and agree(s) to the use by Total Ninja of CCTV monitoring
for training, health and safety and security purposes.
18. Total Ninja consents to the participant(s) and accompanying members of their group
undertaking photography for their own non-commercial purposes only and for no other purpose
whatsoever. However, the participant(s) and accompanying members of their group are not to
use any drone type equipment at Total ninja Manchester, without seeking the correct
permit(s), having the required training, license(s) and Insurance, with supporting
documentation being available, to operate the equipment, before seeking the approval of the
senior management at Total Ninja
19. The participant(s) acknowledge(s) that Total Ninja is not and shall not be liable for
any damage or loss to themselves, any third parties or property incurred whilst the
participant(s) is/are undertaking the activities or are on the premises of Total Ninja
Manchester
20. That I may be asked for proof of I.D at any age. I must be able to produce documents if
necessary. Failure to do so can result in being refused to partake in activities.
21. I confirm that I have read the above and adhere to the guidance set by the staff.
22. I confirm I am over the age of 18 years, signing for myself as a participant and/or as
the Parent/Guardian of (a) participant(s) under the age of 18 years old. I give my consent
for participants age 13+ to attend the site unaccompanied subject to a valid participant
agreement being in date.
23. In consideration of not being required to sign a fresh copy of this PARTICIPANT
AGREEMENT before each visit, I further agree that this PARTICIPANT AGREEMENT shall apply to
all visits within the next 12 months by me and by the minor participant in full. By clicking
the box below this document, I acknowledge that if anyone is hurt or property damaged during
my participation in this activity, I may be found by a court of law to have waived my or the
minor participant’s right to maintain a lawsuit against Total Ninja or any PARTIES that are
bound by the PARTICIPANT AGREEMENT on the basis of any claim from which I have released them
herein. I have had sufficient opportunity to read this entire document prior to signing it
and I have read and understood it and acknowledge that I have been recommended to seek legal
advice prior to doing so, and I agree to be bound by its terms and further agree that in
relation to any legal matters the laws of the United Kingdom shall apply.
24. I agree, consent and understand that my Personal Data (as defined in the General Data
Protection Regulation ((EU) 2016/679) and the subsequent UK Data Protection Legislation) is
to be held and controlled by Total Ninja and that this is contractual provision between us
both. I also confirm that I am happy for any and all Personal Data in their possession to be
passed to any third party for medical purposes in the event that it becomes necessary. I
confirm that I have read and understood the Privacy Statement contained within (website link
to privacy statement)