Zorb-It Terms & Conditions
AGREEMENT, WAIVER, RELEASE OF CLAIMS, WARNING OF RISK AND ASSUMPTION OF RISK
PARTICIPANTS MUST READ THIS DOCUMENT CAREFULLY BEFORE PURCHASING. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR RIGHTS WHICH WILL LIMIT OR ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS.
Please sign after reading, by PURCHASING this document you are confirming that you have read and agree to the terms of this agreement:
- I understand that Zorb-It provides a service which is a contact sport. I acknowledge that bubble football is a physical activity which carries with it risk and possibility of physical injury that cannot be eliminated completely.
- I expressly, knowingly and voluntarily assume all of the risks of participating in bubble football. I understand and acknowledge that these risks include, but are not limited to: falls, contact or collision with personnel, contact or collision with other participants and contact with natural and man-made fixed objects.
I understand and acknowledge that these risks may cause harms including, but not limited to: bodily injury, ranging from minor to severe.
I understand that the risks of participating in bubble football may be caused in whole or in part by: my own actions or inactions; the actions or inactions of other participants; and/or the acts, inactions, or negligence of the Released Parties (as defined below).
I expressly assume all risks and take full responsibility for any and all damages, liabilities, losses, or expenses that I incur as a result of participating in bubble football.
- I agree that it is my responsibility to determine whether I am sufficiently fit and healthy to safely participate in bubble football. I hereby represent that I am, and on the date of the event will be, in good health and in acceptable physical condition to safely participate in bubble football. I certify that I have no known or knowable conditions that would affect my ability to safely participate in bubble football or that would result in my participation creating a risk of danger to myself or others. I further certify that I have not been advised or cautioned otherwise, to obstain from the event by a medical examiner.
I understand that bubble football is a physical activity. I understand that it is my responsibility to monitor my own physical condition during the game, and I agree to withdraw immediately and notify personnel if at any point my continued participation would create a risk of danger to myself or to others. I acknowledge and agree that I will not be reimbursed any portion of any fees paid for participation in bubble football if I withdraw before the end of the game, as I understand that all fees are paid in exchange for the the opportunity to participate to the best of my ability as described in this document, and in no way reflect an entitlement to complete the game.
I undertand that I am not to take part in bubble football if I am pregnant, disabled, or have recently suffered and injury or impairment.
- I assume full responsibility for any injury, loss or damage associated with my use or consumption of alcohol and/or drugs at any point during bubble football. I understand the dangers associated with the use or comsumption of alcohol and/or drugs and I recognise that such use or consumption might impair my judgement and motor skills. I certify that I am not, and on the date of the event will not be under the influence of alcohol or any drugs that would in any way impair my ability to safely participate in this activity. I assume full responsibilty for any injury or loss to myself or to others and for any damage to any personal or real property associated with my use or comsumption or alcohol and/or drugs at any point during the bubble football.
I further understand that the risks and dangers described in the paragraph above include but are not limited to all risks and danger associated with the consumption of alcohol after participation of the game. I take full responsibility for any decision to consume alcohol after playing bubble football and I understand that it is my responsibility to know my own limits. I also understand that the responsibility for injury, loss or damage that I assumed in the paragraph above includes but is not limited to full responsibility for any injury or loss to myself or to others and for any damage to any personal or real property associated with any such decision to consume alcohol. I hereby indemnify and agree to hold harmless the Released Parties (as defined below) from any injury, loss, or damage described in this section.
- I agree to abide by the rules of bubble football and to comply with the directions and instructions of Zorb-It personnel. I agree to abide by all spoken, written and/or posted rules of bubble football. I further agree to comply with all directions, instructions and decisions of Zorb-It personnel, including but not limited to instructions or directions relating to the manner of my safe participation in the game or Related Activities and decisions that I will stop participation in the game or Related Activites at any time. Except as otherwise prohibited by law, I agree not to challenge these rules, directions, instructions, or decisions on any basis at any time and I acknowledge that they are reasonable and necessary to reduce risk; protect the safety or participants, spectators, and personnel; and/or promote fairness.
I also agree to exhibit appropriate behavior at all times; demonstrate respect for all people, equipment and facilities; and participate with a cooperative and positive attitude.
I understand that Zorb-It may immediately dismiss anyone who disobeys any rules, directions, instructions, decisions, or laws, or whose behavior endangers safety or negatively affects a person, facility, or property of any type or kind.
- I consent to receive medical care and treatment as determined by Zorb-It personnel. In the event of any injury or accident. I consent to receive medical care and treatment as deamed advisable in the best judgment of appropriate Zorb-It and/or appropriate medical professionals. If necessary, I authorise appropriate Zorb-It personnel to consent to such medical care and treatment on my behalf.
I agree to assume liability for any and all medical costs incurred as a result of my participation in bubble football but not limited costs of: medical care and treatment, ambulance services, hospital stays, and physician and pharmaceutical goods and services. I agree to indemnify and hold harmless the Released Parties (as defined below) from all liability for such costs.
- I grant permission to Zorb-It to use my photograph and/or any other record of my participation in bubble football for any legitimate purpose. I understand that any and all photographs, motion pictures, recordings, and/or likenesses of me captured during bubble football, it’s affiliated entities or contractors, and/or the media become the sole property of Zorb-It. I grant permission and authority to Zorb-It to use my name and any such photographs, motion pictures, recordings, and/or likenesses for any legitimate purpose, including but not limited to promoting, advertising, and marketing activities. I further understand that Zorb-It as sole owner, has the full right to sell and/or profit from the commercial use of such photographs, motion pictures, recordings, and/or likeness.
- I acknowledge that Zorb-It reserves the right to cancel or reschedule bubble football in the event of emergency or other disaster. I acknowledge that Zorb-It in it’s sole discretion may delay, modify or cancel the event if natural or man-made emergencies make administering the activity unreasonable difficult or unsafe. I agree that “emergency” is defined to mean any event beyond the control of Zorb-It, including but not limited to: high wind, extreme rain or hail, flood, acts of terrorism, fire, threatened or actual strike, labour difficulty or work stoppage, vehicular issues, insurrection, war, public disaster, and unaviodable casualty. I further acknowledge that Zorb-It in it’s sole discretion may also delay, modify or cancel the activity if conditions on the day of the event are, in the sole judgement of Zorb-It, in any way unsafe. In the event of delay, modification, or cancellation of the activity as descibed in this paragraph, I understand that I will not be entitled to a refund of my deposit or any other costs incurred in connection with bubble football provided by Zorb-It.
- I hereby waive, release and forever discharge Zorb-It and all other Released Parties from any and all claims I may have arising out of my participation in Bubble Football. I covenant and agree not to sue Zorb-It or any of the other Released Parties for any such claims.
I hereby waive, release and forever discharge the folling parties (the “Released Parties”) from any and all Claims (as defined below): Zorb-It and it’s directors, officers, employees, agents, contractors, insurers; all Zorb-It organisers, advertisers, suppliers, property owners; all other persons or entities involved with Zorb-It bubble football; all city, town, county, and other governmental bodies and/or municipal agencies whose property and/or personnel are used and/or who in any way assist with Zorb-It bubble football; and any or all parent, subsidiary or affiliate companies, licensees, officers, directors, partners, board members, shareholders, supervisors, insurers, agents, and representatives of any of the foregoing.
I hereby waive, release and forever discharge the Released Parties from all of the following (the “Claims”): any and all claims, liabilities of every kind, demands, damages (including direct, indirect, incidental, special and/or consequential), losses (economic and non-economic), that mey arise out of, result from, or relate to my participation in Bubble Football or my travel to and from the event. I understand and acknowledgethat these Claims include, but are not limited to, causes of action for death, personal injury, partial or permanent disability, negligence, and property damage or theft; causes of action relating to the provision of first aid, medical care, medical treatment, or medical decisions (at the site of Zorb-It or elsewhere); and claims for medical or hospital expenses.
I understand that this waiver, release and discharge operates for myself as well as on behalf of my spouse, children, parents, guardians, heirs, next of kin and any legal or personal repreentatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on my behalf.
- I hereby agree to indemnify, defend and hold harmless Zorb-It and the Released Parties from any and all expenses incurred and claims made that relate to my breach of this Agreement. I hereby agree to indemnify, defend and hold harmless Zorb-It and the other Released Parties from any and all expenses incurred and all claims made by myself or other (including but not limited to court costs, attorneys’ fees and litigation expenses) that arise out of or result directly or indirectly from my breach or failure to abide by any part of this Agreement, my failure to follow any rules or directions as defined in Section 5 above, and/or any of my actions or inactions which may cause injury or damage to any other person or property.
I understand that this agreement to indemnify, defend and hold harmless operates for myself as well as on behalf of my spouse, children, parents, guardians, heirs, next of kin and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on my behalf.
I understand and acknowledge that by PURCHASING below, I agree that the statuses and laws of the united Kingdom will apply to all matters relating to this Agreement, including participation in bubble football from Zorb-It, regardless of the actual location of bubble football supplied by Zorb-It or the principles of conflict of laws. I agree that exclusive jurisdiction for any dispute with Zorb-It resides in the courts of the courts of the United Kingdom and expressly consent to the exercise of personal jurisdiction in the United Kingdom in connection with any dispute. I understand and agree that this Agreement is intended to be as broad and inclusive as is permitted by the UK, and that if any provision shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be severed from this Agreement and does not affect the validity and enforceability of any remaining provisions.
BY PURCHASING, I AFFIRM THAT I AM EIGHTEEN (18) YEARS OF AGE OR OLDER (OR WILL BE ON THE DATE OF THE EVENT), I HAVE READ THIS AGREEMENT, I UNSTAND ITS CONTENT, AND I INTENTIONALLY AND VOLUNTARILY SIGN THIS AGREEMENT.