ASSUMPTION OF LIABILITY AND WAIVER TERMS
SuperPark Group Holdings Pte Ltd with its subsidiaries and affiliates including but not limited to SuperPark ISM Co., Ltd., (“SuperPark”) makes available sporting and recreational services and facilities to you and minors in your charge subject to the terms set out below (“Terms”). The services and facilities provided include, but are not limited to, trampolining, skateboarding, baseball, cable slide, pedal car, basketball, climbing walls, gymnastics area, tube slide, ninja course and other sporting and recreational activities (“Services and Facilities”) at the SuperParklocation in Thailand(“The Park”). Further details related to the Services and Facilities available at the Park may be found on our website at www.superpark.co.th
Assumption of Risks
You understand and agree that use of the Services and Facilities are inherently risky and hazardous, and may result injury or death including cuts and bruises, falls, broken bones, strains, sprains, whiplash, bruises, abrasions, concussions, heart attack, heat exhaustion and permanent disability (“Risks”). SuperParkhas taken all reasonable measures to ensure the proper construction and maintenance of its facilities and taken all reasonable precautions in providing its services, however, these Risks cannot be eliminated without jeopardizing the essential qualities of the Services and Facilities provided. You knowingly and voluntarily accept and assume any and all Risks that may be suffered by you or minors in your charge from the use of the Services and Facilities at The Park.
Proper Use of Services and Facilities
You understand and agree that all Services and Facilities at The Park must be utilised in a responsible manner, in accordance with all signage as well as the directions and instructions of SuperPark and its staff, and with proper accord to your safety, the safety of minors in your charge and the safety of others (“Proper Use”). You are responsible for the proper care of your belongings and that of minors in your charge. Items such as phones and cameras may get damaged if they are used whilst participating any activities, and SuperPark shall not be liable for any loss or damage to any property (howsoever caused) while using the Services and Facilities.
Proper Health and Condition
You understand and agree that the use of Services and Facilities at SuperPark requires the user to be in a good physical condition and free from medical conditions that may prevent or affect the safe and reasonable use of the Services and Facilities (“Proper Health and Condition”). The Services and Facilities shall not be utilized by anyone not in Proper Health and Condition. SuperPark staff shall be notified in the event that there is reasonable belief that anyone at or arriving at the Park may not be in Proper Health and Condition. Please seek medical advice if you are unsure if you are in Proper Health and Condition for the use of the Services and Facilities at The Park. Notwithstanding the generality of the above, pregnant women, customers with certain pre-existing health issues or persons in casts may be permitted to enter the Park but are not permitted to use the Services and Facilities. You agree to pay the cost of and authorise SuperPark to take all steps it considers reasonably necessary to protect your welfare and the welfare of minors in your company in the event of personal injury, including the administration of any emergency medical treatment and ambulance transportation.
Duty to Care and Supervise
The use of Services and Facilities come with attendant Risks and anyone who uses the Services and Facilities (including minors) should be in Proper Health and Condition and only make Proper Use of the Services and Facilities. Furthermore, your actions, and the actions of minors at the Park can cause damage and injury to others at The Park. Minors remain under the care and supervision of their parent or legal guardian, or a duly authorized agent of the parent or legal guardian while using the Services and Facilities in the Park. You may be accompanied by minors at the Park. You represent and warrant that you are the parent or legal guardian of the minors in your company or duly authorized by the parent or legal guardian and assume the duty and obligations of the parent or legal guardian over the minors in your company. Minors may be allowed to enter the Park without adult supervision if their parent or legal guardian gives written consent. SuperPark does not assume responsibility for the care and supervision of unaccompanied minors in the Park, who shall remain the responsibility of the parent or legal guardian. Notwithstanding the generality of the above, any child 8 years and below must be accompanied and supervised by a responsible adult aged 18 or above at all times.
You (as “Indemnifying Party”) shall indemnify, hold harmless, and defend SuperPark and its officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, “Indemnified Party”) against any and all losses, damages, liabilities, deficiencies, claims (including any claim brought by or on behalf of a minor in your charge against SuperPark), actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, that are incurred by Indemnified Party (collectively, “Losses”), arising out of or related to (i) breach or non-fulfillment of any obligations by you or any minors in your charge of these terms; (ii) any negligent or more culpable act or omission (including any reckless or willful misconduct) by you or any minors in your charge including but not limited to any breach of your duty to care and supervision of minors; (iii) any bodily injury, death of any person, or damage to real or tangible personal property caused by the negligent or more culpable acts or omissions of you or any minors in your charge (including any reckless or willful misconduct); (iv) any failure by you or any minors in your charge to comply with any applicable laws, regulations, or codes in the use of Services and Facilities; or (v) unaccompanied minors at the Park where you have consented to their unaccompanied use of the Services and Facilities.
Waiver of Claims
To the fullest extent permitted by law, you hereby expressly agree to waive, relinquish, discharge, release and covenant not to sue SuperPark, its members, officers, directors, employees, advisors, agents, insurers and attorneys (collectively, the “Released Parties”) from any and all claims, demands, causes of action, judgments, rights, fees, damages, debts, obligations, expenses (including fees of legal representative(s)), losses and liabilities of any kind whatsoever, whether known or unknown, whether based in strict liability, negligence or otherwise (collectively, the “Claims”) that you may have against the Released Parties arising out of, or in any way related to your use of the Services and Facilities, save and except where such Claims are proven to be directly due to the negligence of SuperPark. To the fullest extent permitted by law, you hereby expressly agree on behalf of any and all minors in your charge to waive, relinquish, discharge, release and covenant not to sue the Released Parties from any and all Claims they may have against the Released Parties arising out of, or in any way related to their use of the Services and Facilities, save and except where such Claims are directly due to the negligence of SuperPark.
All Services and Facilities at The Park are provided to you on the condition that you agree to and comply with these terms. If you fail to do so, SuperPark may suspend or cancel your access to recreational activities in its absolute discretion. You represent and warrant that you are at least 18 years old, and have the full power, capacity and authority to enter into these Terms on your own behalf, and if applicable, on behalf of any minors in your charge as their parent, legal guardian or other duly authorized agent. If any portion of these Terms are found to be void or unenforceable by Thailand law, the remaining portion shall remain in full force and effect. These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of Thailand. Each party irrevocably agrees that the courts of Thailand shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms including its subject matter or formation.