WAIVER AND CONSENT
PLEASE READ THIS DOCUMENT CAREFULLY.
BY AGREEING TO THIS DOCUMENT, YOU ARE PROVIDING YOUR WAIVER AND CONSENT FOR AND YOUR ACCOMPANYING MINORS (IF ANY) AS SET OUT BELOW.
In consideration of the SuperPark Philippines services and facilities offered and/or provided by MEGAPARK PHILIPPINES, INC. (MPI), its employees, directors and agents, and all other authorized persons or entities acting in any capacity on behalf thereof (collectively, “MPI”), I hereby acknowledge and agree to the following terms of this document (“Waiver and Consent”):
CAPACITY AND AUTHORITY
I, the individual listed below, have attained the minimum 18 years of age, and am accepting and agreeing to this Waiver and Consent on my own behalf, and/or, on the behalf of the below listed participants under the age of 18 ("minors") as, or as duly authorized agent on behalf of, their parent or legal guardian. In relation to the minors listed (if any) below, I represent that I have full authority as, or on behalf of, the parent or legal guardian of the minors to accept the terms of this Waiver and Consent on their behalf.
ASSUMPTION AND ACKNOWLEDGEMENT OF ALL RISKS
MPI is the supplier of the recreational services and facilities offered and/or provided by MPI at its premises (“MPI Venue”) including, but not limited to sporting and recreational activities on the MPI Venue location in the Philippines (collectively, “MPI Facilities”), the use, rental or maintenance of any item or equipment on, and the use of, any MPI Facilities and any activities whatsoever (including but not limited to any training classes, instructions and/or courses) (collectively, “MPI Activities”) on the MPI Venue. Further details relating to the MPI Facilities are found on MPI website at www.superpark.com.ph I acknowledge and understand that the MPI Activities are potentially dangerous with many inherent risks and hazards and that certain risks cannot be eliminated without jeopardizing the essential qualities of the MPI Activities and the use of the MPI Facilities. Any participation in the MPI Activities, use or misuse of the MPI Facilities and/or MPI VENUE involves a significant risk to Participants. Such risks could include, but are not limited to, cuts and bruises, falls, broken bones, injuries to wrists, arms, legs, ankles, backs, heads and necks, injuries from flips or contact with other participants, spinal injuries, concussions, heart attack, heat exhaustion, other serious injuries, permanent disability and/or even death. I agree to participate in the MPI Activities and/or use the MPI Facilities and the MPI Venue at my own risk, and expressly assume and accept all risks in relation thereto.
PROPER USE OF SERVICES AND FACILITIES
I understand and agree that all MPI Facilities at MPI Venue must be utilized in a responsible manner, in accordance with all signages as well as the directions and instructions of MPI and its staff, and with proper accord to my safety, the safety of minors in my charge and the safety of others ("Proper Use").
PROPERTY AND BELONGINGS
I undertake to look after my own belongings at the MPI Venue and release MPI from any liability for any loss or damage to my property (howsoever caused) in the course of engaging in any MPI Activities.
DECLARATION OF GOOD HEALTH
I certify that I and the listed minors are, as at the date of this Waiver and at each visit to the MPI VENUE, in good health and physical condition and free from any medical conditions which may affect or preclude any of us from safely participating in any activities (“Good Health and Condition”). I agree that anyone not in Good Health and Condition should not participate in any MPI Activities. I understand that for safety reasons, pregnant women and customers with pre-existing health issues, persons whose weight exceeds the “113kgs limit” or safe use of MPI Facilities or those wearing casts are not permitted on and/or may be barred from using the MPI Facilities. I should seek medical advice if in doubt. I agree to inform MPI staff in the event that there is reasonable belief that anyone at or arriving at MPI Venue may not be in Good Health and Condition. I agree to pay the cost of and authorize MPI to take all steps it considers reasonably necessary to protect my welfare and the welfare of the minors in my company, in the event of personal injury, including the administration of any emergency medical treatment and ambulance transportation.
DUTY TO CARE AND SUPERVISE
I understand that the use of MPI Facilities come with its attendant Risks and anyone (including minors) who uses the MPI Facilities should be in Good Health and Condition and to only make Proper Use of the MPI Facilities. I acknowledge that my actions, and the actions of my minors at MPI Venue can cause damage and injury to others at MPI Venue. I agree that minors must remain under my care and supervision while using the MPI Facilities on the premise. I represent and warrant that I am the parent or legal guardian of the minors in my company or have been duly authorized by the parent or legal guardian and assume the duty and obligations of the parent or legal guardian over the minors in my company. I acknowledge that MPI does not assume responsibility for the care and supervision of unaccompanied minors in MPI Venue, who shall remain the responsibility of the parent or legal guardian. Notwithstanding the generality of the above, I acknowledge that any minor age 8 years and below must be accompanied and supervised by a responsible adult aged 18 or above at all times.
INDEMNITY
To the fullest extent permitted by law, I agree to indemnify, hold harmless, and defend MPI 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 my charge against MPI), 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-fulfilment of any obligations by me or any minors in my charge of these terms ii. any negligent or more culpable act or omission (including any reckless or willful misconduct) by me or any minors in my charge including but not limited to any breach of my 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 me or any minors in my charge (including any reckless or willful misconduct) iv. any failure by me or any minors in my charge to comply with any applicable laws, regulations, or codes in the use of MPI Facilities; or v. unaccompanied minors at MPI Venue where I have consented to their unaccompanied use of the MPI Facilities.
WAIVER, RELEASE AND DISCHARGE
To the fullest extent permitted by law, I hereby expressly agree and on behalf of any listed minor in my charge to waive, relinquish, discharge, release any and all claims, suits or demands arising out of, and the right to sue MPI and its officers, directors, employees, 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 I may have against the Released Parties arising out of, or in any way related to my use or use by any minors in my charge of the MPI Facilities, save and except where such Claims are proven to be directly due to the gross negligence of MPI.
AGREEMENT AND ACKNOWLEDGEMENT
I agree that I will use the MPI Facilities in a responsible manner, and with respect for my own safety and the safety of others. I acknowledge that I may be liable to other individuals for their injuries, if such injuries arise from irresponsible, deliberate or my reckless behaviour. I agree to pay for any damage caused to any part of the MPI Facilities as a result of irresponsible, deliberate or my reckless behaviour. Where I am responsible for a minor (whether as parent, legal guardian, custodian or otherwise), I agree to be bound by this Waiver and Consent on the minor’s behalf. I take responsibility for the minor’s safety and undertake to directly supervise him/her at all times.
AUTHORIZATION TO USE IMAGES AND PERSONAL INFORMATION
I acknowledge that MPI may operate closed circuit television or cameras on the MPI Venue and I hereby consent to images and videos being taken for security purposes of me and/or my listed minors. Such images and videos will be the exclusive property of MPI and I hereby consent to such collection, use and disclosure of such personal information by MPI for security and review purposes, including occasions where necessary, requires the images and videos to be handed to authorities for further investigations.
GENERAL
I understand that my and my listed minor’s access to the MPI Venue, participation in MPI Activities and/or use of the MPI Facilities are conditioned on my express and voluntary assent (for myself and on behalf of my listed minors) to the terms of this Waiver and Consent. If I do not wish to be bound by this Waiver and Consent, I am free not to avail and refuse the recreational services and facilities offered and/or provided by MPI. This Waiver and Consent is valid for one (1) year, starting and including today's date, that I or the listed minors may visit the MPI Venue, and is further binding on the heirs, representatives and estates of the undersigned and minors, until written revocation thereof is provided to MPI. I will comply with all signs, notices, directions, instructions or requests of MPI, and acknowledge that MPI reserves the right (in its absolute discretion) to suspend or cancel any person’s access to any MPI Activities and/or any MPI Facilities, without refund or compensation, for non-compliance with any of MPI's Conditions of Sale, signs, notices, directions, instructions or requests, for any unsafe, reckless or careless conduct, to ensure the safety, security or order at the MPI Venue, or if MPI considers that the circumstances so require. Each of the terms of this Waiver and Consent shall be subject to and shall apply to the fullest extent permitted by law. In the event of any conflict with the Conditions of Sale, the relevant terms of this Waiver and Consent shall prevail. Any provision stated herein which is held to be illegal, invalid or unenforceable will be ineffective solely to the extent of such illegality, invalidity or unenforceability, without affecting the other provisions herein which shall remain in full force and effect, and will be deemed to be amended as necessary to give effect as close as possible to the intent and purposes of the illegal, invalid or unenforceable provision. I, for myself and/or for the listed minors as (or as the duly authorized agent of) their parent, legal guardian, custodian, have carefully read this Waiver and Consent, fully understand its terms, and sign it freely and voluntarily. I understand that I, and the listed minors, have given up substantial rights by signing it, and agree to be bound by its terms for myself and on behalf of the listed minors.
REQUIRED: