WAIVER FORM – POCO PANDA
Participant Agreement, Release and Assumption of Risk
I have voluntarily elected to use and, if applicable, to allow the minor child(ren) identified above and all minor children under my supervision and referred to individually and collectively herein as Child, to use the Poco Panda facilities and equipment located at below centre’s (the Poco Panda Facility): 191/1 Natham Main Road, Paraiapatti Junction, Manthikulam, Madurai 625014.
In consideration for being allowed to use said facilities and equipment, and any other services provided by Poco Panda or its employees or agents at said location, or any other location within India, I represent, acknowledge and agree as follows:
General Release
From the date of signing and for all future visits of myself and my Child, I acknowledge and agree that this Agreement covers and is intended to release and provide other benefits, legal protections, and consideration to Poco Panda, and their respective and collective agents, owners, officers, managers, shareholders, affiliates, volunteers, participants, employees, and all other persons or entities acting in any capacity on their respective or collective behalf.
Release of Potential Injuries
I acknowledge and agree that the use of trampolines and the other equipment at the Poco Panda Facility and that participating in trampoline and other activities is inherently and obviously dangerous. These risks include serious physical or emotional injury, paralysis, death, damage to me, the Child, and/or third parties, and damage to personal property of any or all such persons.
I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity, which I further agree is for recreational purposes and completely voluntary.
I acknowledge and agree that, while the trampoline and other activities that take place at the Poco Panda venue are monitored generally by Poco Panda employees, it is not feasible for such employees to always monitor the activities and actions of all customers or all customers simultaneously.
Furthermore, Poco Panda employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's health or abilities. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
Voluntary Assumption of Risk
I acknowledge and agree that I and the Child are participating voluntarily at our own risk. I acknowledge and agree that the actions or activities of other customers or the actions or inactions of Poco Panda employees could cause me or the Child significant bodily injury (as described in this Agreement), and that Poco Panda is not responsible for the actions or activities of customers using the Poco Panda or the negligence of its employees in supervising the Poco Panda or its usage.
Some of the risks include, but are not limited to, the following:
a) Participants may die or become paralysed, partially or fully, through their use of the Poco Panda and participation in Poco Panda.
b) Participants may suffer cuts, scrapes, bumps, bruises, the transmission of disease strains and allergic reactions through use of the Poco Panda equipment or contact with other participants or surfaces they have contacted.
Participants may sprain, pull, break or otherwise seriously externally or internally injure their head, face (including nose and teeth/jaw), neck, torso, spine, arms, wrists, hands, legs, ankles, feet or other body parts as a result of falling off the trampoline(s) or other equipment, landing improperly, or making contact with other participants. Such injuries can lead to paralysis, disfigurement or death.
Participation may result in heat stroke, heart attacks, dehydration and other exertion-related medical events.
c) Participants may fall on each other, resulting in broken bones and other serious injuries. Double bouncing, more than one person per trampoline, flipping, running and bouncing off walls, and other participant movements can create unpredictable body movements and bodily contact.
d) Traveling to and from trampolines can result in similar physical injury.
e) Observing, standing, sitting or taking photographs at or near any trampoline or activity can result in similar physical injury.
f) Children must be at least 13 years of age and above 120cms to use the harness and climbing walls.
Agreement to Pay My Own Medical Expenses
I acknowledge, accept, and assume the risk of any and all medical conditions, limitations, or disabilities (whether temporary or permanent) that I or the Child possess, whether known or unknown, which might contribute to or exacerbate any injury sustained.
If medical assistance is required or performed as a result of any injury sustained while using the Poco Panda, such assistance shall be at my own expense.
Release of Liability
The Releasing Parties hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue Poco Panda and its related entities from any and all claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, attorneys' fees, damages, judgments and liabilities of any kind arising directly or indirectly from use of the Poco Panda premises or equipment.
Arbitration of Disputes; Time Limit to Bring Claim
Any dispute, claim or controversy arising out of or relating to use of the Poco Panda premises and/or its equipment shall be brought within one year of its accrual and be determined by arbitration in Madurai, Tamil Nadu, India before one arbitrator.
The arbitration shall be administered under the Arbitration and Conciliation Act, 1991. Judgment on the award may be entered in any court having jurisdiction.
Photo / Video / Social Media Waiver
I consent to the recording of the Child's and my physical likeness and/or voice through photographic, digital or electronic means and authorize Poco Panda to use such recordings for advertising, promotion and publicizing purposes in perpetuity.
Term of Agreement
This Agreement extends forever into the future and will have full legal effect each time I or my child(ren) visit Poco Panda.
Safety is My Responsibility
I acknowledge the inherent risks and agree to follow all posted and stated warnings, use equipment properly, avoid unsafe behavior, comply with age/height restrictions, and ensure that each Child obeys all safety rules.
Final Acknowledgment
I have had sufficient opportunity to read this document. I have read, understood, and agree to be bound by its terms.
By signing below, I represent that I am the parent or legal guardian of the listed Child(ren) and have authority to execute this Agreement on their behalf.
I further agree to indemnify and hold harmless Poco Panda from all claims arising from use of the facility.
I am 18 years of age or older. By my signature below, I acknowledge that if I or any of my children are injured in any way, this waiver prevents and prohibits any recovery of money from any Poco Panda related entity.
I am at least 18 years old and I have read and agree to the terms of the above agreement.