TERMS & CONDITIONS
User Notice: Please take adequate time to read the terms and conditions outlined below. By registering or purchasing tickets/passes for Trampoline Arena Park provided by Imagicaaworld Entertainment Limited, you agree to and are bound by these terms and conditions.
By participating in trampoline activities each Participant or Customer by default acknowledges that “I Agree” as a “Participant” and confirm that as a “Participant”, have carefully read and understood the terms and conditions of the agreement. Further each Participant agrees to the terms and condition as a “Customer” with Imagicaaworld Entertainment Limited to abide by all the rules and regulations and liabilities set under this agreement.
Furthermore, Participants recognize that these terms are in place to ensure their safety and safety of other participants while performing the Trampoline activities, Failure to comply with these terms and conditions may result to termination of the participation without any refund and the participant assumes all risks associated with the activity. It is the responsibility of each participant to seek clarification on any aspects of these terms and condition before engaging in trampoline activities.
Definitions:
“IEL” means Imagicaaworld Entertainment Limited, a Company incorporated under Companies Act 1956, (CIN: L92490MH2010PLC199925), having its registered office at 30/31, Sangdewadi, Khopoli-Pali Road, Taluka: Khalapur, District: Raigad, PIN 410203, Maharashtra, India, and its corporate office at 201, 2nd Floor, Landmark Building, Opp. Infiniti Mall, New Link Road, Andheri (West), Mumbai-400053.
“Customer” Means any Person or Purchaser or any Individual who buy or purchase Tickets for himself/ herself or on behalf of others to engage in Trampoline activities for services provided by the Imagicaaworld Entertainment Limited.
“Trampoline” means surface stretched over frame, typically made of metal which is design equipment for jumping up and down, bouncing, usually features springs and other mechanism that provide elasticity use of wall, foam pit, bag jump, equipment’s, which are commonly used for recreational purposes.
“Participant/s” means a person or individual or a group of individuals who is /are participating and engaging in Trampoline activities.
“Recreational Activities“ means activities perform by individual or customer for Trampoline, equipment’s used for jumping, use of foam pit, bag, jump and bouncing up and down, construction to climb, design, structure, maintence and use of trampoline, gathering of persons for activities and exercise or sporting activities.
- Use Age Criteria
- All Participants must be at least above 3 years old. Children participant’s below this age should only use the trampoline under their parent’s supervision
- All Participants shall ensure safe jumping, participant should not exceed a weight limit of 110 Kg, and Participant above 110 kg are strictly restricted to use the trampolines.
- General Safety Guidelines & Risk Warnings
- The Participant acknowledges by entering into this agreement with IEL, the Participant accepts that the Participant is having good health condition and free from any illness or adverse medical condition. The participation by the Participant shall imply that he/she is physically fit and that the Participant health is in good condition.
- The Participant must adhere to all safety signs and caution boards and actively comply with all safety standards and protocols.
- IEL will not be held liable for any personal injury, harm, damage, potential injuries such as Sprain, Fractures, dislocation, concussion, back injuries, cuts, knee injuries, muscle injury, bone injury, any disablement or fatality incurred to the Participant, while participating in trampoline activities or by using the trampoline equipment, the Participant acknowledges and accept that such activities inherently involve risks, including but not limited to falls, collisions, and improper use of equipment. The participant agrees to assume all risks associated with trampoline use and understands that they are solely responsible for their own safety and well-being. This includes following all safety guidelines and instructions provided by IEL. The customer further waives any claims against IEL, its employees, directors and agents for any injuries or damages sustained during the participation, whether caused by negligence, improper maintenance, or any other cause. This waiver is intended to be as broad and inclusive as permitted by law.
- IEL shall not be held liable to the Participant or Customer or User, or his dependent and legal representative for any potential injury, damage or bodily harm or accidental death during or after the Trampoline activities at Imagicaaworld Entertainment Limited.
- Participant or Customer or User shall not claim for any damages or compensation for potential injury, damage, loss, harm, death or any bodily injury which is caused during the participation of trampoline activities by the Participant.
- The Participant acknowledges that trampoline activities carry inherent dangers and risks that can result in serious bodily injury, harm, fractures, and muscle pain. By participating in these activities, the Participant fully understands and accepts these risks, which include but are not limited to falls, collisions, physical strains or any equipment malfunction.
- The Participant agrees to exercise caution and remain aware of their surroundings while using the trampoline. This includes adhering to all safety guidelines and instructions provided by IEL, being mindful of their physical abilities, and recognizing their limits, Trampoline activities can be dangerous with risk, hazards, and danger consequences. The Participant understands that even with precautions, accidents or injury can occur, and the customer accepts and take full responsibility for these consequences while participation in trampoline activities, the participant accepts and acknowledges that such participation may result in serious bodily injury, harm, or death. The Participant/Customer waives of all the rights to sue Imagicaaworld Entertainment Limited for any potential injuries, harm, damages, accident, collision, fall or even death. Additionally the Participant accepts and gives permission to IEL to act in their best interest if they experience any injury or require any medical emergency treatment, further the customer trust IEL to make decision about their care in any emergency situation which could arise during the trampoline activities where they are unable to communicate their Parents, siblings, persons, relatives or friends, in any kind of emergency situation the customer gives IEL the right to take all steps which is considered reasonably necessary including the administration of any emergency medical treatment and ambulance transportation.
- Participants who are suffering from a medical condition that could be exacerbated by physical activity, such as cardiovascular issues, respiratory problems, or other chronic illnesses, are not permitted on the trampoline activities and are strictly restricted to use the trampolines. Such customer engaging in trampoline activities could pose significant risks to their health. The customer acknowledge that prior entering the Trampoline if the customer has any doubt regarding his physical health, the customer need to seek medical attention by a medical professional prior entering the Trampoline area or otherwise refrain from participating in trampoline activity.
- The Participant agrees and gives consent to IEL while performing the activity in trampoline for being captured in Images or videos which are being taken for security and promotional purposes. The Participants acknowledge the same that IEL shall not be liable or responsible for capturing videos or Images during the trampoline activities.
- The Participants shall comply with all the rules and regulation set and instructed by IEL. To reduce the risk of injury, it’s important to follow safety guidelines, use proper equipment, and follow supervision during trampoline activities.
- TICKET GUIDELINES:-
- The Customer/ Participant accepts and acknowledges that the participant has reviewed the terms and conditions associated with their purchase. This include guidelines on safety, age restrictions, and behavioral expectations while participating in trampoline activities.
- The Customer/participant agrees to pay full amount in advance for the trampoline activities before the purchase of ticket from IEL.
- The Customer/Participant agrees and understand that for participating in activity there are specific requirement for purchasing tickets. Participant is required to provide accurate personal information, such as age and health status and additional necessary information, to ensure that these requirement shall meet necessary criteria for safe participation for Trampoline activities.
- By agreeing to this terms & conditions, Customer/ Participants acknowledge that they understand and accept these terms and condition before completing their purchase.
- The customer is restricted to transfer or resale to any person or agent or any supplier. Additionally if Customer buys a ticket for another person, they are also agreeing to the no refund policy on behalf of that individual. This ensures that all parties involved in the transaction are aware of and accept the terms. Further the customer agree that the Customer/Participant can only perform his/her activity on valid ticket which is issued by IEL, any ticket if expired or invalid or tempered cannot be used for the trampoline activity. Such ticket are referred to as void.
- Code of Conduct
The Participants acknowledge and agree that the Participants are expected to conduct themselves in a manner respectful to the staff and other participants. The Participant shall maintain good code of conduct while participating in the trampoline activities, the Participant shall not behave in any disruptive manner or shall not misbehave with staff, facility or other participants, the Participant acknowledges and agree that the participant shall not involve in any fights, misconduct, brawl or do not show any form of aggression while participating in the Trampoline activities. The Participant shall be solely responsible for any breach of code of conduct during the course of participation in the trampoline activities. Any injury, harm, loss, damage to other participant or personal injury or even fatality, by the Participant then the said participant would be solely responsible such act. The Participants are expected to adhere to all safety rules and regulation provided by IEL or its staff. Including but not limited to Jumping instructions, safety measures, proper use of equipment’s, harness instructions, using of equipment’s as intended, height and weight limit instruction, age limit instructions, health instruction, jumping supervision instructions, to avoid flips or stunts, instruction of parents and supervision for preschooler.
- USE OF EQUIPMENT.
The Participant shall use all the equipment properly as instructed by the Supervisor or facility of IEL and refrain from any action that could damage the equipment or endanger themselves or other participants during trampoline activities, this includes off jumping, performance of stunts, flips. All the participants are expected to adhere with all the safety rules and regulations as instructed by the supervisor and facility of IEL. In any event IEL shall not be held responsible or liable for any act, stunts, flips, dive, and misuse of equipment by Participant during participation in trampoline activities. Failure to follow safety instructions by participant may result to temporary suspension, permanent suspension or warning from the supervisor or facility of IEL, it will be sole discretion of IEL or its facility to take appropriate action against any misconduct by the Participant.
- ATTIRE AND FOOTWEAR.
The Participant should wear appropriate attire as instructed by the supervisor of IEL, it is mandatory for all participants to wear non slip socks as required by the facility of IEL. The Participant are strictly restricted to carry any ornaments such as gold, silver, or steel inside the trampoline activity. The Participant shall be sole responsible for any loss, damage, to any ornament or property which is carried by the participant in the Trampoline activity. The Participant are expected to remove their belonging such as gold ornament, silver, or steel kada before entering the Trampoline activities in a safe place or locker, IEL shall not be held liable for any loss or damage to the property of participant such as gold ornament, silver, or steel kada during the participation.
- HEALTH & MEDICAL FITNESS.
The Participant acknowledge and agree that he/she is in good health condition and physically fit and capable in engaging for trampoline activities. Participant are expected to disclose all information related to his/her health to IEL prior engaging in trampoline activities, IEL shall not be held responsible or liable for any medical condition during or after the participation of trampoline activity.
- NO REFUND OR CANCELLATION POLICY.
To ensure that the safety and satisfaction of Participants, IEL has implemented a strict NO REFUND POLICY on cancellation for Trampoline activities. This Policy are designed to maintain operational integrity. All the bookings are non-transferrable. Participants are advised not to sell or transfer their tickets to others. Once the reservations is made and payments are processed, it will be final and binding on the participation and cancellation for the said booking will not be entertained by IEL. In case if the Participant is unable to perform the Trampoline activity in that case no refund will be provided to the Participant/ Customer as per the policy of IEL. In case of extreme weather or any unforeseen event or circumstances leading to closure of Trampoline activities the Participants will not be issued any refund, the Participants acknowledge and agree to this no refund policy at the time of booking tickets. The Participants understand and accept all the terms and condition of No refund policy which is imposed by IEL or its facility.
- INDEMNIFICATION
User and Participant Responsibility.
By using the Trampoline Facilities, the participant in trampoline activities or engaging in any related event organize by IEL, each user and participant acknowledge and agree that they are voluntarily participating in these activities at their own risk and responsibility. The Participant hereby agree to indemnify and keep indemnified defend and hold harmless its Owners, Directors, officers. Employees, agent, affiliates and insurers from and against any and all claims, liabilities, damages, losses, expenses, or costs arising out or related to any injury to the participant or any third party resulting from the participant’s action and inactions during their participation in trampoline activities. This indemnification obligation shall extend to any claim made against the Indemnities for personal injury, wrongful death, property damage or any other claim arising out of or related to the use of Trampoline facilities and participation in trampoline activities whether such claims are based on negligence breach of warranty, strict liability.
The Participant acknowledges that the trampoline activities carry inherent risk, including of serious injury or death. By agreeing to this indemnity clause the participant acknowledge their understanding of these risk and accepts full responsibility for their action.
- WAIVER
Participant agree to release and hold harmless IEL, its owners, employee, agents and representatives from any and all claims, demand or causes of action for injury, loss or damage or even death arising from the participation in trampoline activities including those caused by the negligence of IEL. Further Participant agree and hold harmless and defend IEL against any claim brought by third parties related to their participation in Trampoline activities, including claim for personal injury, damage , harm, loss, or any property damage. The participant acknowledge and agree that the participant and the user have read this waiver clause carefully before participating in the event of Trampoline and understand its terms and condition carefully and signing it voluntarily. The participant acknowledge and agree that they are waiving all their rights to sue IEL from any injuries or damages caused during the Participation.
- SEVERABILITY
In event that any provision of the term and condition is found to be unenforceable or invalid, such provision shall be deemed modified to the extent necessary to make it enforceable and the remaining provision of this terms and condition shall remain in full force and effect. This clause shall apply to all participants in trampoline activities organized by IEL. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of other provision herein, which shall continue to bind by all participants. By participating in a trampoline activities all participants acknowledge and agree to this severability clause in favor of IEL.
- LIMITED LIABILITY
Participants engaging in Trampoline activity acknowledge and agree that these activities involve inherent risks, including Sprain, Fractures, dislocation, concussion, fall, collision, back injuries, cuts, knee injuries, muscle injury any disablement or even fatality. By participating in the Trampoline activity each participant agrees to ensure all risk associated with the activity. To the fullest extent permitted by law. Imagicaaworld Entertainment Limited and its affiliates, directors, employees, and agents shall not be held liable for any injuries, damages or losses arising out of or related to participation on trampoline activities, weather caused by negligence or otherwise. Participants waive any claims against for any injury or damage sustained during these activities. Further the participant certify that they are physically fit and have no medical condition that would be affect their ability to safely participate in trampoline activities. IEL shall not be held liable for any financial obligation or any potential damages or any other liabilities.
- INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property rights, including but not limited to copyrights, trademark, patent, design and patent arising from any material, idea or invention developed by participating during trampoline activities organized by IEL shall sole and exclusive property of IEL. IEL reserves the right to use reproduce and distribute any material, including photograph, videos or written content produced during trampoline activities for promotional, marketing or any other business purposes without further compensation to the participants.
The participants waive any moral rights they may have in any IPR created during the trampoline activities allowing IEL to modify or use as it deem fit.
The Participants acknowledge that they have read and understood this IPR clause and agree to be bound by its terms and condition of their participation in Trampoline activities.
- FORCE MAJEURE
IEL shall not be held responsible in default if a failure to perform any obligation hereunder is caused by supervening conditions beyond that IEL reasonable control, including acts of God, civil commotion, Pandemic, strikes, acts of terrorism, labour disputes, union disputes, and governmental or public authorities’ demands or requirements.
- DISPUTE RESOLUTION
In the event of any dispute related to the interpretation or rights or liabilities arising out of this terms and condition, the same shall, at first instance, be amicably settled between the Participant / Customer and IEL. If any dispute is not settled amicably, the same shall be referred to the Sole Arbitrator to be appointed by IEL representative. The award given by the Arbitrator shall be final and binding on the parties. The venue for Arbitration shall be Mumbai.
- GOVERNING LAW/JURISDICTION
The applicable law governing for this terms and condition shall be the laws of India and the courts of Mumbai shall have the exclusive jurisdiction to try a dispute under these presents.