Terms & Conditions
These Terms and Conditions together with any and all documentation referred to therein are the standard terms which apply to entry into The Playground by any customer, other members of a customer’s party, and their guest/s and their use of The Playground.
Definitions and Interpretation Attendee Disclaimer
The disclaimer and indemnity in the form set out at the end of these terms and conditions.
Means the assault course located at The Playground, Barrow
Means the conditions of entry into the The Playground and the rules and regulations that must be obeyed at all times
Means Assault Yours Senses LTD T/A The Playground and includes all employees and agents of us
Means an individual who is a customer of us who agrees to pay both for him/herself as a paying guest of The Playground and also for members of his/her party and any of his/her guests;
Means your order to purchase an entry ticket to The Playground whether through Our Site, via telephone or in person
Unless the context otherwise requires, each reference in these Terms and Conditions is a reference to these Terms and Conditions as amended or supplemented from time to time.
Customers are reminded that The Playground is potentially hazardous and use of The Playground is at the Customers own risk. All attendees to The Playground must observe the Entry Conditions at all times.
Whilst we make all reasonable efforts to ensure that the descriptions of The Playground are correct and reasonable and accurate, Images and video footage of The Playground are for illustrative purposes only. By proceeding with this booking, you confirm you’re not relying on any representations made.
1. Entry into The Playground
1.1 All persons entering The Playground must have a valid entry ticket. All entry tickets purchased are only valid on the date and time
printed on the ticket.
1.2 All pre-booked tickets (whether made via online or telephone) are non-refundable and non-transferable, including in the event that admission into The Playground is refused or relinquished for any reason.
1.3 Our Site will guide you through the booking process. Before submitting your Order to us you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it and that each guest is able to satisfy the Entry Conditions. By submitting your Order, you represent to us that you have authority to make the booking on behalf of your party and that the booking is subject to these terms and conditions.
1.4 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that we may, at our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that we have accepted it. Our acceptance is indicated by us sending you a booking confirmation by email. Only once we have sent you a booking confirmation will there be a legally binding contract between Us and you. All tickets are non-refundable and non-transferable.
1.5 If we, for any reason, do not accept or cannot fulfil your Order, because for example the dates you have requested are no longer available, then no payment shall be taken under normal circumstances. If we have taken payment any such sums will be refunded to you as soon as possible and in any event within 7 Business Days.
1.6 You may change the date of Your booking up to 10 days before the date on which you’re due to attend. We will use all reasonable endeavours to accommodate Your requested changes, but We do not promise that all date changes that You request will be accommodated.
1.7 If tickets are bought on behalf of other guests, you accept the Entry Conditions on behalf of every guest and shall ensure that the Entry Conditions are complied with by each person in the group.
1.8 All attendees in your group will be required to signed and complete the Attendee Disclaimer (in the form set out below) prior to the entry into The Playground. Any attendee who fails to complete the Attendee Disclaimer prior to the date in which they are due to attend, will be refused entry into The Playground.
1.9 Where tickets are to be purchased for exclusive use of The Playground, such bookings will need to be made direct with us. Payment will need to be made in advance, unless we have agreed any special credit terms with you. Where we have agreed special credit terms, we shall require a non-refundable deposit to secure the exclusive use of The Playground and full payment will need to be made in advance 96 hours before the date you’re due to attend. We reserve the right to refuse entry into The Playground where any payment remains outstanding.
1.10 Payment for all tickets online/telephone must always be made in advance and you will be prompted to pay during the order process.
2. Changes to The Playground
2.1 We will endeavour to ensure that as many obstacles are available for use by You and other guests to enjoy The Playground. However we reserve the right, without prior notice, to remove any obstacles, that we deem necessary.
2.2 As your safety is our concern, we reserve the right to close the whole or any part of The Playground or suspend the operation of The Playground at any time for any technical or operational reasons (including staff illness), weather, capacity, special events, or to ensure the safety and security of guests, or if we reasonably consider the circumstances so require. If The Playground is closed for any of the reasons set out above, we reserve the right to offer substitute tickets for admission to The Playground on an alternative date in substitution for any other form of redress.
3. Entry Requirements
3.1 You will be admitted to The Playground subject to the Entry Conditions. If you do not comply with the Entry Conditions or you fail to complete the online Attendee Disclaimer you will not be permitted access to The Playground or may be removed from The Playground by us, without any right to a refund. Whilst at The Playground, you must comply with any reasonable instructions given to you by our personnel or any third party instructed on behalf of us. We reserve the right to vary these Entry Conditions at any time without prior notice.
3.2 By entering The Playground, you accept that you have a duty to take reasonable steps to ensure your own safety, taking into account any personal medical conditions. All persons in and around The Playground should behave in a safe manner at all times and must not act in any manner which may disturb other users of The Playground.
3.3 If you or any one in your party behaves in a manner which we consider to be unsafe or where we believe that you’re under the influence of drugs or alcohol or where you disregard the reasonable instructions given to you by us, cause a nuisance or endanger others on the course, then we reserve the right to remove you from The Playground.
3.4 Participants must be 7 years or older for The Playground with parental consent, if under the age of 18. Participants under the age of 18, will only be able to use The Playground with parental consent.
4. Customers with disability
We fully comply with all laws from time to time in force regulating the treatment of, and provision for, customers with any disability. If you have any special requirements pertaining to a disability, you should inform us of such requirements before you arrive.
5. Limitation of Liability
5.1 To the maximum extent permitted by law, we accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of The Playground whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with the use of The Playground. We accept no liability for any damage/theft/loss caused to property and/or personal belongings, and any personal belongings brought to The Playground is at your own risk.
5.2 Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence.
5.3 Furthermore, if you are a “consumer” as defined by the Consumer Rights Act 2015, or a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under:
5.3.1 the Consumer Rights Act 2015;
5.3.2 the Consumer Regulations;
5.3.3 the Consumer Protection Act 1987; or
5.3.4 any other consumer protection legislation;
as that legislation is amended from time to time.
For more details of your legal rights please refer to your local Citizens Advice Bureau or Trading Standards Office.
6. Changes to Terms and Conditions
We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such change.
7. How We Use Your Personal Information (Data Protection)
7.1 We shall only use your personal data in accordance with clause 7.2 below or with Your express consent and in accordance with any lawful instructions reasonably given by You from time to time, and the provisions of the Data Protection Act 1998 and Your rights under that Act and these Terms and Conditions.
7.2 We may use Your personal information as follows:
7.2.1 to provide the services subject to these terms and conditions to You;
7.2.2 to process Your payment for entry into The Playground;
7.2.3 We will not pass on your personal information to any other third parties without first obtaining your express permission.
We are required by the Consumer Regulations to ensure that certain information is given or made available to You as a Consumer before we make Our contract with You (i.e. before We accept Your request to make a booking) except where that information is already apparent from the context of the transaction. We have included the information itself in these Terms and Conditions for You to see now as required by the Regulations, and such information will be part of the terms of Our contract with You as a Consumer.
We always welcome feedback from our customer and whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint. If you have any complaint about The Playground or any of our staff, please raise the matter with Nick Smith or Phil Smith who can be contacted at email@example.com
10. No Waiver
No failure or delay by Us or You in exercising any rights under these Terms and Conditions means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of these Terms and Conditions means that We or You will waive any subsequent breach of the same or any other provision.
11. Law and Jurisdiction
11.1 These Terms and Conditions and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and
construed in accordance with English Law; and
11.2 Any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.
You will be admitted to The Playground subject to the following Entry Conditions. If you do not comply with the Entry Conditions you will not be permitted access to The Playground or may be removed from The Playground by us, without any right to a refund.
1. Whilst at The Playground, you must comply with any reasonable instructions given to you by our personnel or any third party instructed on behalf of us. We reserve the right to vary these Entry Conditions at any time without prior notice.
2. By entering The Playground, you accept that you have a duty to take reasonable steps to ensure your own safety, taking into account any personal medical conditions. All persons in and around The Playground should behave in a safe manner at all times and must not act in any manner which may disturb other users of The Playground. if you have any medical conditions, you should consult with your own doctor to ascertain if you can take part. if there is any possibility you might be pregnant, you should not take part. All medical equipment / inhalers / insulin must be left at the first aid station, by the launch area. If you have already booked then fall ill before your visit and can provide a doctor’s note explaining you are unable to participate we will refund in full any monies paid for your ticket.
3. Please remove all rings, earrings and jewellery before entering The Playground.
4. You will be supplied with a buoyancy aid as you enter The Playground Lake for every session. You must ensure that all zips and straps are as
tight as possible before you depart and you may not remove the buoyancy aid until you are back on shore. You will be supplied with a helmet as you enter The Playground Lake for any Beast II session. You must ensure the chin strap is tight and fastened before you depart and you may not remove the helmet until you are back on shore.
5. Pushing and shoving is prohibited. Entry into the water must be feet first. No diving at any time. When you’re jumping/sliding in from an obstacles please ensure that you’re landing area is clear and you’re not jumping into or onto anyone. Do NOT climb up an obstacle directly behind a person to avoid them slipping on top of you.
6. The Staff are there to ensure your safety. Please respect them and allow them to control the volumes of people on certain equipment.
7. If you or any one in your party behaves in a manner which we consider to be unsafe or where we believe that you’re under the influence of drugs or alcohol or where you disregard the reasonable instructions given to you by us, cause a nuisance or endanger others on the course, then we reserve the right to remove you from The Playground.
RULES AND REGULATIONS
THE PLAYGROUND ATTENDEE DISCLAIMER & INDEMNITY
Assault Your Senses Ltd cares for the safe welfare of all participants. We consider Health and Safety to be important for all participants and require you to read and review this statement and indemnity form to establish our level of commitment to your health and safety
Participants must be a minimum of 7 years old for The Playground with parental consent, if under the age of 18.
Your acceptance by clicking below will act as your signature as a participant and/or as the legal parent/guardian should the participant be under 18.
You acknowledge an assault course can be a dangerous activity. Resulting injuries may include: Cuts, grazes, sprains, bone fractures, dislocations, loss of consciousness or drowning. You must report any accidents or injuries to a member of staff immediately.
Participants will always follow instructions given by The Playground staff. We have the rights to terminate your activities should you not comply with instructions.
Participants will ensure their own safety whilst taking reasonable care when attempting The Playground obstacles.
Participants must not partake in any of our activities whilst under the influence of Drugs or Alcohol – Aqua Park Rutland Limited reserve the right to remove you if we see fit.
Participants who have any of the following disorders should not attend and will receive a full refund, known Back/Neck Injuries, Diabetes, and Epilepsy, Respiratory, Pulmonary, Psychological or other health conditions affecting a participant’s performance
By completing an order, you confirm that have read and understand the safety requirements as set out above and will listen to all instruction from The Playground staff or ensure that any participant under or above the age of 18 complies with such instructions. You confirm By completing an order, you have read and understood the preliminary safety briefing
You agree to take responsibility for your own and others health and well-being and property in relation to the use of The Playground.
To the maximum extent permitted by law, Assault Your Senses Limited accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of The Playground whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with the use of The Playground. You agree to be responsible for your own property.
You agree to indemnify and keep indemnified Assault Your Senses Limited, its directors, employees, and any other person or persons as may be authorised by Assault Your Senses Limited to promote or organise this activity from and against all actions, claims, costs, expenses and demands in or connection with your failure to comply with any of your obligations as set out above.
Nothing in this disclaimer shall limit or exclude our liability for death or personal injury resulting from our negligence or limit any of our liabilities in any way that is not permitted under applicable law; or exclude any of our liabilities that may not be excluded under applicable law.
By completing an order you confirm that you are of over the age of 18 (or and competent to provide this indemnity), and you have read the disclaimer and indemnity carefully and understand the terms and conditions. You acknowledge that you and all members of your party and any of your guests have read the Disclaimer and agree to provide the Indemnity requested. You, your party and guests acknowledge that you have agreed to submit your acceptance to this Disclaimer and Indemnity without any inducement, assurance or guarantee, and intend this electronic submission to serve as confirmation of your complete and unconditional acceptance of the terms, conditions and provisions of the Disclaimer and Indemnity.