be.UP Park PARTICIPANT AGREEMENT, INDEMNIFICATION, GENERAL RELEASE AND ASSUMPTION
In consideration of being allowed to participate in the services and activities including, but not limited to, trampoline park access, trampoline dodge ball, trampoline basketball, aerial training, classes, trampoline courts, Big-Bag activities, walk walls, climbing walls (“Clip ‘n Climb”), Stairway to heaven, cubes, aerial rope courses (“AltiGame”), Kids’ Maze (including toddler place), slides, football ground, deck, snack bar access and any other amusement activities (collectively “ACTIVITIES”), provided by be.UP Park and its agents, owners, officers, directors, principals, volunteers, participants, clients, customers, invitees, employees, independent contractors, insurers, facility operators, land and/or premises owners, and any and all other persons and entities acting in any capacity on its behalf, the customer, on behalf of himself, and/or on behalf of his minor child(ren)/ward(s), hereby agrees to forever release, indemnify and discharge be.UP Park on behalf of himself, his spouse, legal partner, his children, his parents, his guardians, heirs, assigns, personal representatives and estate, and all other persons and entities who could in any way represent him or act on his behalf as follows:
(1) RELEASE OF LIABILITY: Despite all known and unknown risks, the customer hereby expressly and voluntarily remises, releases, acquits, satisfies and forever discharges be.UP Park and agrees to hold it harmless of and from all, and all manner of action and actions or omission(s), cause and cause of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties covenants, contracts, controversies, agreement, promises, variances, trespasses, damages, judgments, executions, claims and demands whatsoever, in law or in equity, including, but not limited to, any and all claims which allege negligent acts and/or omissions committed by be.UP Park, whether the action arises out of any damage, loss, personal injury, or death to him or his child(ren)/ward(s), while participating in or as a result of participating in any of the ACTIVITIES. This Release of Liability is effective and valid regardless of whether the damage, loss or death is a result of any act or omission on the part of be.UP Park.
(2) INDEMNIFICATION: The customer hereby agrees to indemnify and hold harmless from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by be.UP Park, including, but not limited to, any and all attorneys’ fees, costs, damages and/or judgments be.UP Park incurs in the event that the customer or his minor child(ren)/ward(s) cause any injury, damage and/or harm to be.UP Park and/or any and all other persons and entities acting in any capacity on behalf of be.UP Park.
(3) ATTORNEYS’ FEES: The customer promises to indemnify be.UP Park for any attorneys’ fees and/or costs incurred to enforce this agreement, including all costs associated with any collection efforts. Further, should any debt and/or judgment accrue in favour of be.UP Park, prejudgment and post-judgment interest shall accrue thereon at a rate of 18% per annum.
(4) PHOTO RELEASE: By entering be.UP Park and participating in the ACTIVITIES, the customer hereby grants be.UP Park on behalf of himself and on behalf of his child(ren)/ward(s), the irrevocable right and permission to photograph and/or record him or his child(ren)/ward(s) in connection with be.UP Park and to use the photograph and/or recording for all purposes, including advertising and promotional purposes, in any manner and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. The customer waives any right to inspect or approve the use of the photograph and/or recording, and acknowledges and agrees that the rights granted to this release are without compensation of any kind.
(5) TERMS OF AGREEMENT: The customer understands that this agreement extends forever into the future and will have full force and legal effect each and every time the customer or his child(ren)/ward(s) visit be.UP Park, whether at the current location or any other location or facility.
(6) VENUE/GOVERNING LAW: The customer agrees that this agreement shall be governed by the laws of South Africa and he hereby submits to the exclusive jurisdiction of the courts of Cape Town with respect to all matters relating to this agreement.
(7) PAYMENT & CONFIRMATION: The total payment is required upon booking in order to purchase a ticket or to confirm an event in the be.UP Park booking system.
All bookings are non-refundable and non-transferrable. The number of guests is charged as per the confirmed booking.
Party numbers must be confirmed at least 7 days before the day of the party. However for safety reasons, be.UP Park can’t allow any extra guests if there is no suitable availability in the Park for the time period.
(8 )PAYMENT OPTIONS ACCEPTED:
Payment may be made via Visa and MasterCard credit cards or by bank transfer into the be.UP Park bank account, the details of which will be provided on request.
(9) CREDIT CARD ACQUIRING AND SECURITY:
Credit card transactions will be acquired for be.UP Park via PayGate (Pty) Ltd who are the approved payment gateway. PayGate is a licensed System Operator with the Payments Association of South Africa (PASA). PayGate is fully PCI compliant and uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
(10) CUSTOMER DETAILS SEPARATE FROM CARD DETAILS:
Customer details will be stored by be.UP Park separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za
(11) MERCHANT OUTLET COUNTRY AND TRANSACTION CURRENCY:
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).
(12) RESPONSABILITY: be.UP Park takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
(13) CANCELLATION POLICY: The customer may cancel his party/event booking subject to be.UP Park receiving his request for cancellation with no less than 2 weeks’ notice before the booked start time. Any requests for cancellation must be made via email to firstname.lastname@example.org. be.UP Park will confirm the cancellation in writing.
If the customer cancels at least 2 weeks before the event, his refund will be subject to a charge of 30% of the amount paid. No refund allowed within 2 weeks of the event.
be.UP Park shall be entitled to cancel a booking at any time. In the event that be.UP Park needs to cancel a booking,, be.UP Park will notify the customer as soon as possible. He shall be entitled to a full refund in the event of cancellation under this clause but no other compensation shall be payable.
In the event that it proves necessary to close the Activities for reasons beyond the control of be.UP Park and in circumstances where the customer's party has commenced participation in the Activities, be.UP Park willl not be entitled to any refund (in part or in whole). In such circumstances be.UP Park may, but shall not be obliged to, offer alternative dates or times at reduced rates.
(14) COUNTRY OF DOMICILE:
This website is governed by the laws of South Africa and be.UP Park chooses as its ‘domicilium citandi et executandi’ for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, …….
be.UP Park may, in its sole discretion, change this agreement or any part thereof at any time without notice.
(16) COMPANY INFORMATION:
This website is run by OXIMETA SPORT & ENTERTAINMENT based in South Africa trading as be.UP Park and with registration number 2015/134824/07
Director: Joss Sechier Dechevrens
Tel: 087 057 1400