THESE TERMS AND CONDITIONS MAY LIMIT YOUR RIGHTS
CREATE PLAN B T/A ELVATE PARK
RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
In consideration of the services provided by CREATE PLAN B (PTY) LTD T/A ELEVATE
PARK ("the Park") and of the permission granted by the Park to use the Park's
property, facilities, and services and to participate in trampoline court activities,
climbing activities and other exercise and amusement activities at the Park (the "Activities"),
I, on behalf of myself and on behalf of my child or children and any other minors
currently under my care and/or authorised person to act in loco parentis as listed
below ("Minors"), agree to the following terms and conditions:
1. This document affects legal rights. I understand that this document affects my
legal rights and the legal rights of the Minors, and that by signing below I acknowledge
that I have read and understood the disclosure of risks, voluntarily accept those risks,
and agree to be bound by and to bind all the Minors to all the terms and conditions of
2. General Release and Waiver of Liability. In consideration of the services provided by
the Park and of the permission granted by the Park to use the Park's property, facilities,
and services and to participate in the Activities, I, for myself and on behalf of my
spouse, children, wards, and other dependents, heirs, assigns, personal representatives
and next of kin (the "Releasing Parties"), voluntarily release and forever discharge and
agree not to sue the Park or its agents, employees, members, managers, owners, officers,
directors, principals, volunteers, participants, insurers, facility operators, lessors, successors,
assigns, equipment suppliers or manufacturers, service providers, trainers, intellectual property holders,
or any other persons or entities acting in any capacity on the Park's behalf
(hereinafter collectively referred to as the "Protected Parties") from liability for any claims
connected with or arising from my or the Minors' participation in the Activities or use of the
Park facilities, including, to the extent allowed by law, any such claims which allege negligent
acts or omissions of any of the Protected Parties.
I understand that this release of liability will prevent any of the Releasing Parties, including
me and the Minors, from bringing any lawsuit or making any claim for personal injury, damages or
death connected with participating in the Activities or using the Park facilities.
3. Acknowledgement of Risks. I understand that my participation and the participation of the Minors
in the Activities involve known and unknown risks that could result in physical or emotional injury,
paralysis, death, or damage to me, to the Minors, or to third parties. Such risks (the "Risks")
include, but are not limited to:
3.1 the risks inherent in the Activities, including slipping and falling, collisions with fixed
objects and/or other participants, falling off equipment, unexpected failure of equipment, over-exertion,
double bouncing, failed attempted jumps and stunts, and sustaining lacerations or contracting any
illnesses from contact with equipment and/or flooring surfaces and/or other items in the Park;
3.2 the grossly negligent acts or omissions of the Protected Parties;
3.3 defects in the Park or any of its facilities;
3.4 improper or inadequate instruction or supervision regarding the Activities or use of the
3.5 the behaviour of other participants in the Activities and/or people visiting the Park;
3.6 accidents or incidents in the Park facilities; and
3.7 first aid, emergency treatment or services rendered or failed to be rendered by the
Possible injuries include, but are not limited to, bruises, sprains, scrapes, contusions,
lacerations, broken bones, eye injuries, torn ligaments, joint injuries, weakening of growth plates,
stunted growth following fractures, internal injuries, brain injuries and concussions,
permanent disabilities, broken back, broken neck, paralysis, heart attack, and death.
I understand and acknowledge that the above lists are not complete or exhaustive, and that other
known or unknown risks may also result in injury, death, illness or damage to me, to the Minors
or to my or their property.
I understand and acknowledge that it is the Park's policy that its participants review their
safety video which covers some but not all of the Risks related to the Park upon each visit to
the Park, and I agree that both I and the Minors will adhere to the safety video policy.
4. Assumption of Risks. After being fully informed of the above and understanding the fact, nature
and effect of this Agreement, I, on my own behalf and, to the fullest extent allowed by law, on
behalf of all Releasing Parties and the Minors, expressly agree and promise to accept and assume
all known and unkown risks associated with participation in the Activities and use of the Park's
facilities, including the Risks listed above, and I voluntarily elect to participate and to allow
the Minors to participate in the Activities and use the Park's facilities.
I agree that there are certain risks inherent in the Activities that cannot be avoided or eliminated,
and that by signing this Agreement, I am giving up my right, the right of the Minors and any of the
Releasing Parties, to recover from the Protected Parties in a lawsuit or other proceeding for any
damages, including personal injury or death to me or the Minors, that results from such risks.
I understand that I have the right to refuse to sign this Agreement, and the Park has the right to
refuse to let me or the Minors participate if I do not sign this Agreement.
5. Indemnification Agreement. To the extent permitted by law, I hereby irrevocably agree to hold
harmless, indemnify and defend the Protected Parties from and against any and all claims, losses,
actions, proceedings, costs, expenses, damages, settlement amounts and liabilities (including claims
brought by any of the Releasing Parties or Minors) and any and all costs and expenses in connection
therewith, including attorneys' fees and costs of investigation (collectively the "Claims"), arising
out of or connected with my or the Minors' participation in the Activities or use of the Park's
facilities, regardless of whether the Claims are the result of the grossly negligent acts or omissions
of myself, the Minors, the Protected Parties, or third parties, including other participants in the
Activities. Such indemnity obligation shall include, but not be limited to, any claim, action or proceeding
that alleges that I or the Minors negligently or intentionally caused any injury, death or damage to
other participants in the Activities or other third parties at the Park.
6. Release of Rights to Audio, Video and Photographic Images. I hereby grant the Park on behalf of
myself and the Minors the irrevocable right and permission to photograph and/or record me or the
Minors in connection with the Activities and the Park and to use the resulting photographic images,
audio or video for the purposes of monitoring the activities conducted at the Park, including for
saftey and security purposes. I agree that the Park will be entitled to retain such photographs and
recordings for a reasonable period after my and/or the Minors attendance at the Park.
7. Certifications. In order to assist the Park in effectively providing for my safety and the safety
of the Minors, I certify and warrant that:
7.1 I have no knowledge of any health problems that would cause participation in the Activities to
negatively impact my health or the health of the Minors;
7.2 I and the Minors possess a sufficient level of physical fitness and skill to safely participate
in the Activities, and neither I nor the Minors have any pre-existing physical or medical conditions
that might be impacted or worsened by the use of the Park or any of its facilities, including but not
limited to pregnancy, orthopaedic problems, back problems, heart problems, or breathing problems;
7.3 I will not use or allow the Minors to use the Park while any of us are under the influence of
any drugs, alcohol or medications that may impair our physical activities or judgment;
7.4 I agree to follow (and cause the Minors to follow) all safety rules of the Park and to alert
the Park staff to any rules violations or dangerous behaviour of other participants;
7.5 I understand that my or the Minors' failure or refusal to abide by the safety rules of the
Park or by instructions and directions of Park staff can lead to the immediate revocation of my
or the Minors' right to use the Park, without any right to the refund of any payments made;
7.6 I will notify Park staff before I or the Minors participate in Activities if any of us have
been diagnosed with behaviour disorders or are taking any behaviour modification medications;
7.7 I will inform Park staff immediately if I or the Minors feel any unusual discomfort while
participating in the Activities and will immediately stop (or cause the Minors to stop) participation
in the Activities;
7.8 I am aware that Park staff may need to end my or the Minors' participation in the Activities
if my or the Minors' actions present a danger to myself or others;
7.9 I authorise the Park staff to administer emergency first aid and Cardiopulmonary resuscitation
("CPR") to myself and to the Minors when deemed necessary by the Park staff and hereby irrevocably
indemnify and hold the Park and the Protected Parties harmless against all liabilities, claims, losses
and damages of whatsoever nature and howsoever caused which I or the Minors' may suffer or sustain
as a direct or indirect result of the Park staff administering such emergency first aid and/or CPR;
7.10 I authorise the Park staff to secure emergency medical care and/or transportation, if deemed
necessary by Park staff, and I agree to assume all costs of emergency medical care and transportation
and hereby irrevocably indemnify and hold the Park and the Protected Parties harmless against all
liabilities, claims, losses and damages of whatsoever nature and howsoever caused which I or the Minors'
may suffer or sustain as a direct or indirect result of any and all emergency medical care or
7.11 I acknowledge that the Park encourages each participant at his/her own cost to obtain medical
clearance prior to participating in the Activities; and
7.12 I have adequate insurance to cover any injury or damage I and the Minors may cause or suffer
while participating in the Activities, or if not, I agree to bear the costs of such injury and
damage to myself, the Minors and any person that I enter onto the park with my waiver form.
8. Term of Agreement. I understand that this agreement shall continue and will be in full force and
legal effect each and every time I or the Minors visit the Park, whether at the current location or
any other location or facility. I agree that the Park may require me or the Minors to sign a new
agreement at any time as a requirement for my participation or the participation of any of the Minors
in the Activities, including when the Minors reach the age of 18 years.
9. Attorney's Fees. I hereby irrevocably indemnify the Park for any attorneys' fees and costs
incurred by the Park to enforce this agreement, including without limitation costs associated
with any collection efforts. If the Park obtains a judgment against me pursuant to this agreement,
pre-judgment and post-judgment interest shall accrue thereon at the maximum amount allowed by law.
10. Governing Law; Venue; Dispute Resolution
10.1 Governing law. This Agreement is to be governed, interpreted and implemented in accordance
with the laws of the Republic of South Africa.
10.2 Mediation and arbitration. This clause is a separate, divisible agreement from the rest
of this Agreement and shall:
10.2.1 not be or become void, voidable or unenforceable by reason only of any alleged
misrepresentation, mistake, duress, undue influence, impossibility (initial or supervening),
illegality, immorality, absence of consensus, lack of authority or other cause relating in
substance to the rest of the Agreement and not to this clause 10. The Parties intend that any
such issue shall at all times be and remain subject to arbitration in terms of this clause 10;
10.2.2 remain in effect even if the Agreement terminates or is cancelled.
10.3 I agree and acknowledge that any claim or dispute arising from or related to this agreement
or the relationship of the parties in any respect thereto shall first be submitted to mediation,
and that engaging in such mediation is a condition precedent to bringing any claim against the
Park arising from or related to this agreement. If the Parties are unable to agree on a mediator
or to resolve any dispute by way of mediation within 14 days of any Party in writing requesting
that the dispute be resolved by mediation, then the dispute may be submitted to and decided by
10.4 Appointment of arbitrator. The Parties shall agree on the arbitrator who shall be an attorney
or advocate on the panel of arbitrators of the Arbitration Foundation of Southern Africa ("AFSA").
If agreement is not reached within 10 days after any party calls in writing for such agreement,
the arbitrator shall be an attorney or advocate nominated by the Chairman of AFSA for the time being.
The request to nominate an arbitrator shall be in writing outlining the claim and any counterclaim
of which the Party concerned is aware and, if desired, suggesting suitable nominees for appointment
as arbitrator, and a copy shall be furnished to the other Parties who may, within 7 days, submit
written comments on the request to the addressee of the request with a copy to the first party.
10.5 Venue and period for completion of arbitration. The arbitration shall be held in Johannesburg
and the parties shall endeavour to ensure that it is completed within 90 days after notice requiring
the claim to be referred to arbitration is given.
10.6 Arbitration Act - rules. The arbitration shall be governed by the Arbitration Act, 1965, or
any replacement Act and shall take place in accordance with the Commercial Arbitration Rules of AFSA.
10.7 Application to court for urgent interim relief. Nothing contained in this Agreement shall
prohibit a Party from approaching any court of competent jurisdiction for urgent interim relief
pending determination of the dispute by arbitration. In this regard, the parties consent to the
non-exclusive jurisdiction of the High Court of South Africa, Gauteng Local Division, Johannesburg
for any proceedings arising out of or in connection with this Agreement.
11. Entire agreement. This Agreement contains all the provisions agreed on between the undersigned
and the Park with regard to the subject matter of the agreement and supersedes and novates in its
entirety any previous understandings or agreements between the undersigned and the Park in respect
thereof, and the undersigned waive their rights to rely on any alleged provision not expressly
contained in this Agreement.
12. Severability. Any provision in this Agreement which is or may become illegal, invalid or
unenforceable in any jurisdiction affected by this Agreement shall, as to such jurisdiction,
be ineffective to the extent of such prohibition or unenforceability and shall be treated as
having not been written (ie pro non scripto) and severed from the balance of this Agreement,
without invalidating the remaining provisions of this Agreement or affecting the validity or
enforceability of such provision in any other jurisdiction. I understand and agree that this Agreement
is intended to be as broad and inclusive as permitted by the laws of the Republic of South Africa and
that if any portion thereof is held to be invalid by a competent court, the remainder of the agreement
will remain in effect and will continue in full legal force and effect.
13. Effect of Agreement. I agree that I have had reasonable and sufficient opportunity to read and
understand this entire agreement and acknowledge that I have been free to secure independent legal
advice as to the nature and effect of each provision of this Agreement and that I have either taken
such independent legal advice or have dispensed with the necessity of doing so. I further agree that
each provision of this Agreement is fair and reasonable in all the circumstances.