Bambini Land Waiver
In consideration of being allowed to participate in the services and activities, including, but not limited to, trampoline access, fitness classes, trampoline courts, Airbag activities, slides, arcade, and any other
amusement activities (collectively “ACTIVITIES”), provided by La Piazza / Bambini Land / Soft Play Time (Pty) Ltd 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, I, on behalf of myself, and/or on behalf of my minor child(ren)/ward(s), hereby agree to forever release, indemnify and discharge La Piazza / Bambini Land / Soft Play Time (Pty) Ltd on behalf of myself, my spouse, my legal partner, my children, my parents, my guardians, heirs, assigns, representatives and estate, and all other persons and entities who could in any way represent me or act on my behalf as follows:
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(1) RELEASE OF LIABILITY: Despite all known and unknown risks, I hereby expressly and voluntarily remise, release, acquit, satisfy and forever discharge La Piazza / Bambini Land / Soft Play Time (Pty) Ltd and agree 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, agreements, 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 La Piazza / Bambini Land / Soft Play Time (Pty) Ltd whether the action
arises out of any damage, loss, personal injury, or death to me or my child(ren)/ward(s), while participating in
or as a result of participating in any of the ACTIVITIES.
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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 La Piazza / Bambini Land / Soft Play Time (Pty) Ltd
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(2) INDEMNIFICATION: I hereby agree 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 La Piazza / Bambini Land / Soft Play Time (Pty) Ltd including, but not limited to, any and all attorneys’ fees, costs, damages and/or judgments La Piazza / Bambini Land / Soft Play Time (Pty) Ltd incurs in the event that I or my minor child(ren)/ward(s) cause any injury, damage and/or harm to be La Piazza / Bambini Land / Soft Play Time (Pty) Ltd and/or any and all other persons and entities acting in any capacity on behalf of La Piazza / Bambini
Land / Soft Play Time (Pty) Ltd.
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(3) ATTORNEYS’ FEES: I promise to indemnify La Piazza / Bambini Land / Soft Play Time (Pty) Ltd 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, La Piazza / Bambini Land / Soft Play Time (Pty) Ltd prejudgment and post-judgment interest shall accrue thereon at a rate of 18% per annum.
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(4) PHOTO RELEASE: By entering La Piazza/ Bambini Land / Soft Play Time (Pty) Ltd and participating in the ACTIVITIES, I hereby grant La Piazza / Bambini Land / Soft Play Time (Pty) Ltd 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. I waive any right to inspect or approve the use of the photograph and/or recording and acknowledge and agree that the rights granted to this release are without compensation of any kind.
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(5) TERMS OF AGREEMENT: I understand that this agreement extends forever into the future and will have full force and legal effect each and every time I or my (ren)/ ward(s) visit be La Piazza / Bambini Land / Soft Play Time (Pty) Ltd, whether at the current location or any other location or facility.
(6) VENUE/GOVERNING LAW: I agree that this agreement shall be governed by the laws of South Africa and I hereby submit to the exclusive jurisdiction of the courts of Durban with respect to all matters relating to this agreement.
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By signing this document, I understand that I may be found by a court of law to have forever waived my and my child(ren)/ward(s) right to maintain any action against La Piazza / Bambini Land / Soft Play Time (Pty) Ltd on the basis of any claim from which I have released be La Piazza / Bambini Land / Soft Play Time (Pty) Ltd and any
released party herein. I have had a reasonable and sufficient opportunity to read and understand this entire document and consult with legal counsel, or have voluntarily waived my right to do so. I knowingly and voluntarily agree to be bound by all terms and conditions set forth herein.
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We reserve the right to review your license and/or other forms of ID to verify your identity and age.