Release Of Liability And Assumption Of Risk Agreement

Acknowledgment and Assumption of Risk:

I (includes any person or persons on whose behalf I am booking slots/buying tickets, including minor), hereby acknowledge that I have voluntarily chosen to play/participate and/or ride/use the SHOOTING, ARCHERY, CAR SIMULATOR, FLIGHT SIMULATOR, POOL TABLE, TABLE TENNIS, FUSSBALL, ARCHERY, SKATE PARK, SKATEBOARD, SKATING, SWIMMING POOL, VOLLEYBALL, BASKETBALL, CRICKET, FOOTBALL, BADMINTON, BOX-CRICKET, TENNIS, VR GAMES, WALL CLIMBING, ROPE COURSE, ZIP LINE, PLAYGROUND, ARCADE GAMES, CHILDREN SOFT- PLAY AREA AND ALL OTHER AMUSEMENT RIDES/GAMES (the “Activities”) at ACTIVE ARENA, located at Sy.187/3 AND 188/3, Bangalore East Taluk, Amani Belandaru Khane Village, Varthur Hobli, Opp Prestige Tech Park, Bangalore 560013 and operated by ACTIVE VENTURES, (“hereinafter referred to as “ACTIVE or Company”). I (includes any person or persons on whose behalf I am booking slots/buying tickets including minor) know and fully understand that riding/playing/participating in any of these Activities is a dangerous and hazardous activity where serious accidents can occur. I understand that the participants in using vehicles, equipment/s and rides of this nature, and in dealing with different weather conditions, mechanical and electrical apparatuses, employees of unknown skills, and the potential for personal error creates an unknown condition whereby a participant may encounter inherent, unanticipated hazards and risks that can result in illness, injury, paralysis, death and or property damage, whether obvious or not, and can be intensified by the unavailability of immediate appropriate medical attention in case of injury. While particular rules, equipment, and personal discipline may reduce this risk, the risk of serious injury whether fatal or otherwise) does exist.

Release of Liability, Waiver of Claims and Indemnity Agreement:

In consideration for ACTIVE allowing me to use/ride any Activities, I represent and promise that I (or any person or persons on whose behalf I am booking slots/buying tickets including minor/s as guardian), my personal representatives, heirs, next of kin, spouse, and members of my family, assigns voluntarily and expressly agree to release, discharge and hold harmless ACTIVE, all owners, officers, partners, directors, members, agents, affiliates, associates, instructors, supervisors and employees of the above named party from any and all legal liability, claims, actions, suits, procedure, cost, expenses (including attorney’s fees and expenses), damages and liabilities of any nature whatsoever, including but not limited to a claim of negligence, property damage or medical expenses resulting from my/our participation in these rides and personally assume all risk including but not limited to negligence, strict liability, breach of contract, or any other act or omissions or any other participants including myself or from any other cause. I agree that ACTIVE is not responsible for loss, damage or theft of either mine or my group member’s belongings.

I agree that I am responsible for keeping vigil of the minors in my group if any. I am aware that it is a condition of my purchase of a ticket/booking a slot (or the like) from ACTIVE, that company, its directors, partners, instructors, employees, members, servants, property owners, affiliates and agents are absolved from all liability howsoever arising from injury or damage caused (and whether fatal or otherwise) arising out of my purchase of a ticket or in the engagement of all activities with ACTIVE or in any way whatsoever due to any negligent act, breach of duty, default, and/or omission as the part of ACTIVE ,its directors, partners, instructors, employees, members, servants, property owners, affiliates and agents or on the part of any of its associated entities, office bearers, directors, servants or agents.

Participant Responsibility:

I acknowledge that I have read all the rules and regulations of ACTIVE and understood the basic operation of all the Activities. I undertake to apprise all the members of my group (if any) about the rules and regulations of the ACTIVE and also advise all the members of my group (if any) to read and understand the rules and safety instructions displayed at all appropriate places/areas of the ACTIVE. I represent that I (includes any person or persons on whose behalf I am signing including minor) am/are physically and mentally fit to participate in these rides/plays/activities and that the rider/participant/player has no current or past medical condition, (i.e. heart conditions, back problems, pregnancy, subject to seizures, paralysis, restrictive use of arms or legs, etc.) I agree that participant/s has read or agrees to read, the rules and regulations of ACTIVE displayed at the ticket counter / reception and also agree to read the same at the activity areas and at all places in ACTIVE and fully understand the same and hereby agree to follow all rules, regulations and instructions and to act accordingly at all times. I agree that as a visitor or as a participant, I shall abide by the house rules of ACTIVE. I agree that I shall abide by the decision of the ACTIVE as final, considering the situations/abilities/age of the participants, as far as participation in any of the activities.

Photograph and Video Release:

I hereby permit ACTIVE to take digital images, photographs, and/or videotapes of participants/visitors including myself at various times during my/our use/visits of the Activities at ACTIVE for educational, promotional and informational purposes for use in ACTIVE print materials and on the web. I understand that when/if a Participant/visitor’s likeness or image is used in a publication, there will be no identifying information provided (i.e., Participant/visitor’s name, personal information). By signing this agreement, I give permission for use of any images, photographs or video taken.

Emergency Contact Information

Should I (my group member or the minor) require emergency medical treatment as a result of accident or illness, I (or as guardian to the minor) consent to treatment and/or admission to a hospital or emergency care center if necessary for the provision of such treatment. In addition, I give ACTIVE, its agents, employees and associates permission to provide medical first aid in cases of illness, injury, emergency, or accident. I acknowledge that ACTIVE does not provide health and accident insurance for participants and should emergency or medical services become necessary the expenses are the sole responsibility of the participant and not that of any other party or affiliate named herein.

I acknowledge that a failure to reach my emergency contact in an emergency shall not affect the validity of this Waiver of Liability and Assumption of Risk Form.

I hereby accept liability for all financial costs relating to ANY damage of ACTIVE equipment or ANY injury to supervisor/instructor, bystanders and/or other participants/visitors due to actions where I am involved. I acknowledge that I have taken the sufficient/reasonable time to read the agreement.

I have read this document, and understand that this is a full and complete release of all claims for all liability. I understand that I am assuming all risks inherent in riding or participating in the Activities at ACTIVE. I voluntarily and out of free will sign my name as evidence of my acceptance of the above provisions/clauses and agree to be bound by the terms of this agreement. I understand and agree that this Release of Liability covers each and every activity and event in which I participate hereafter. I acknowledge that ACTIVE could use my/our e-mail address for marketing purposes and will not share this information with any other entity.

Jurisdiction: Any disputes, controversy or claim arising out of or in connection with this agreement, the courts in BANGALORE alone shall have jurisdiction.

“ACTIVE is under surveillance”

HOUSE RULES

Payments

• No Credit. You have to pay before you play.
• Payment must be made only at the designated ticket counters
• Do not pay cash at any activity zone to any person, individual and/or staff.
• If you are unable to perform the activity, money will not be refunded.
• Your time slot starts from the time the activity has been booked and not when you arrive. Additional time will not be added if you arrive late.
• If you fail to turn up on time then you lose the slot and money will not be refunded.

Liability

• Patrons shall utilize all facilities at their own risk.
• ACTIVE does not assume liability for property damage and/or injuries resulting from any activity or event at its premises.
• A parent or legal guardian must accompany any user under the age of 16 years. Children must be supervised at all times.
• Patrons are responsible for their belongings. ACTIVE does not assume liability, whatsoever, for any personal belongings that are lost, disappear or may be stolen from its premises.
• ACTIVE is not liable for delays, postponements or cancellation due to circumstances related to or caused by circumstances beyond its control including but not limited to loss of electricity, inclement weather, fire, earthquake or flood.
• Every activity has restrictions based on minimum height, maximum height, minimum weight, maximum weight, health conditions etc. Check before attempting any activity.

Equipment

• No handling the equipment in the absence of an instructor or until authorized.
• Must return all equipment to the activity instructor before leaving.
• All facilities and equipment must be used ONLY for the purpose for which they were intended.
• Any person causing damage to the equipment or property of ACTIVE shall be held accountable to reimburse, in full, for all repair or replacement expenses arising from such conduct.

Behaviour and Conduct

• No handling the equipment in the absence of an instructor or until authorized.
• Must return all equipment to the activity instructor before leaving.
• All facilities and equipment must be used ONLY for the purpose for which they were intended.
• Any person causing damage to the equipment or property of ACTIVE shall be held accountable to reimburse, in full, for all repair or replacement expenses arising from such conduct.
• ACTIVE may be utilizing security cameras on-site, which may record video and audio of patrons of the facility. By entering ACTIVE you are consenting to being videotaped while in the facility.
• In addition to these rules and regulations, supplementary instructions will be enforced at individual activities.
• Management reserves the right to refuse admission to anyone.
• Outside food and beverages are not allowed into ACTIVE.
• No food and beverages is allowed into any activity area.