ESG Leisure LIMITED UK TERMS AND CONDITIONS
These terms and conditions tell you information about us and the legal terms and conditions on which we, ESG Leisure Limited (“Ninja Warrior Licensee”) supply services to you and the participants in your booking.
We operate the website www.ninjawarrioruk.co.uk/gloucester. We are ESG Leisure Limited, a company registered in England and Wales under company number 11730342 with registered address UNIT 2 METZ WAY, GLOUCESTER, GL4 3DB.
We operate a branded franchise network under the name “Ninja Warrior”. In these terms and conditions, the words “Ninja Warrior”, “we” or “us” refers to either Ninja Warrior Licensee. You can find the details of the franchise legal entity under the specific franchise web page terms and conditions. The Ninja Warrior branding has been licensed to ESG Leisure Limited by ITV Broadcasting Limited (“ITV”) and is the ultimate property of Tokyo Broadcasting System Television, Inc (“TBS”).
We are independently responsible for legal and regulatory compliance and the operation of each venue (“Site”).
Please note that all bookings, whether made either through our website at www.ninjawarrioruk.co.uk, over the telephone or at any site, are made directly with the Ninja Warrior Licensee who operates the website and the site that you have booked at.
The resulting legal contract is between you and the relevant Ninja Warrior Licensee who operate the Site you have booked at and is subject to these terms and conditions.
Any issues arising from any bookings made by you through our website, over the telephone or at any site are the sole liability of Ninja Warrior Licensee who operate the site you have booked with.
2. COPYRIGHTS & TRADEMARKS
The following is a list of copyright and trademark notices associated with brands and intellectual property found at each Site and on this website. Ninja Warrior ® and © Tokyo Broadcasting System Television, Inc.
The names, images and logos of Ninja Warrior as set out on this this website, are subject to copyright, design rights and trade marks and are the exclusive property of TBS as licensed by ITV to the Ninja Warrior Licensee. Nothing contained in these terms shall be construed as conferring by implication or otherwise any licence or right to use any trademark, patent, design right or copyright on this website.
This website contains material which is produced by, owned by or licensed to the Ninja Warrior Licensee. This material includes, but is not limited to, the design, layout, look, appearance, text and graphics. Reproduction is prohibited.
Under no circumstances will ITV or TBS or any of their affiliated companies be liable for any of the following losses (whether such losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of this website or any Site regardless of the form of action. For the avoidance of doubt, neither ITV or TBS warrant that functions contained in this website will be uninterrupted or error free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or bugs.
3. OUR CONTRACT WITH YOU
Ninja Warrior Licensee provides access to a number of activities, which include trampolining, climbing elements, inflatable elements and as well as participating in classes and parties (“Activities”).
These are the terms and conditions which apply when you book to take part in an Activity with Ninja Warrior.
Please ensure that you and the participants in your booking have read these terms and conditions carefully. You should also check that the details of your booking are complete and accurate before you submit your booking. If you think that you have made a mistake after you have submitted your booking, please contact the relevant Site you have booked at to discuss.
I agree as an adult participant, or the Parent/Legal Guardian of a minor participant (anyone currently under the legal age of 18) and in consideration of being permitted to participate in the activities at the Ninja Warrior park, I give permission to be photographed and/or record me or my children in connection with Ninja Warrior park to use the photography and/or recording solely for advertising and promotional purposes. 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.
If the participant is a minor (a person under the legal age of 18), I agree that this Release of Liability and Assumption of Risk Agreement (“RELEASE”) is made on behalf of that minor participant and that all of the releases, waivers and promises herein are binding on that minor participant. I represent that I have full authority as Parent or Legal Guardian of the minor participant to bind the minor participant to these Terms and Conditions.
By submitting your booking, you agree that the supply of the Activities by the Ninja Warrior Licensee and your participation in the Activities is subject to these terms and conditions.
No booking shall be deemed to have been accepted by the Ninja Warrior Licensee unless and until the booking has been accepted in writing by the Ninja Warrior Licensee, which will include the Ninja Warrior Licensee sending you an email confirmation of the booking.
Ninja Warrior Licensee reserves the right to revise these terms and conditions and to make changes to the Activities from time to time in order to comply with changes in any relevant laws or regulatory requirements.
You need to be aged 5 years or over to use the Ninja Warrior UK adventure park unless participating in a dedicated session for ages 5 and under. Any child under the age of 12 needs to be accompanied on the premises with an adult, carer or guardian at all times.
Some of the obstacles and features will require you to be 1.25m or 1.4m minimum in height.
Participation in the Activities is not without risk as serious misuse could be fatal. You acknowledge that the Activities can be dangerous with many inherent risks and hazards. As a consequence personal injury, and sometimes fatality, can occur. You and all participants in your booking voluntarily assume and accept all such risks and waive the right to sue the Ninja Warrior Licensee for any personal injury or fatality by agreeing to the Site Rules. All participants are required to agree to the Site Rules before participating in any Activity.
All participants will be directed to the Ninja Warrior Licensee Code by a Ninja Warrior Licensee team member. This must be read prior to engaging in any Activity. We strongly advise all participants to wear Ninja Warrior Licensee grip gloves to increase grip and for hygiene reasons whilst taking part in any Activity in the activity area.
After being shown the Ninja Warrior Licensee Code, participants will not be individually supervised by a court monitor or any other Ninja Warrior Licensee personnel.
People with special needs cannot participate in the activities unless they are accompanied by a parent, guardian, responsible adult or appropriate carer. The parent, guardian, responsible adult or carer must remain on site for anyone under 12 years of age or anyone with special needs. One adult is permitted to supervise a maximum of ten under-12 year-olds. Ninja Warrior Licensee personnel will not supervise children, regardless of the child’s age, or anyone with special needs at any time. For participants under the age of 18 or participants who lack capacity, a parent, guardian, responsible adult or carer is required to understand and acknowledge the Site Rules on behalf of the participant, stating that he or she will accept responsibility for the safety of himself or herself and for supervision of any children or anyone with special needs in his or her care. Such parent, guardian, responsible adult or carer will ensure that all participants under the age of 18 or who lack capacity have read and understood the Site Rules.
The Activities are physically demanding and require a degree of strength, agility and stamina. All participants must be reasonably fit, in good health and free from any adverse medical condition. All participants are subject to the age and weight restrictions for each Activity as are stated in the Ninja Warrior Licensee FAQ’s (www.ninjawarrioruk.co.uk/FAQs) at time of booking. The weight limit for an individual (fully clothed) participant is 127kg. Participants confirm that they do not exceed this weight. If you have any concerns we advise that you visit a Ninja Warrior Licensee Site at a time prior to your booking and speak to a member of the Ninja Warrior team. Ninja Warrior Licensee recommends that if you have weight related concerns you should consult your health services provider and receive medical clearance before participating in an Activity at Ninja Warrior Licensee.
Participants are advised to use the park and the obstacles within their ability. If you are unsure as to whether you can complete a manoeuvre, you should not attempt it. If participants have medical concerns they are advised to consult their doctor before attending. Participants will be required to certify in the Ninja Warrior that, to the best of their knowledge, they do not suffer from any medical condition or other reason which may prevent them from participating in any of the Activities or which would make it more likely that they would be involved in an incident which could result in injury to themselves or others. For clarity, if you are pregnant, have a heart condition, or wearing any form of plaster cast, you are not allowed to participate in any of the Activities. Participants at Ninja Warrior are personally responsible for their own personal well-being.
Participants need to be able to see similar distances to those required to drive a car in order to be able to participate in an Activity and/or to supervise anyone in their care. Consequently, short or long-sighted participants must ensure that they wear contact lenses or prescribed glasses.
Anyone who does not meet the requirements in respect of an Activity will not be allowed to undertake that Activity. It is your responsibility to ensure that all participants in your booking meet these requirements.
Ninja Warrior reserves the right to refuse admittance to participants or to remove a participant from a Site should Ninja Warrior deem it necessary to do so. This includes a participant who does not comply with the Site Rules advice or instructions of any Ninja Warrior personnel or a participant whose behaviour is considered unsafe or who is thought to be under the influence of alcohol or drugs. All participants are required to act responsibly and courteously at all times and to respect other participants and Ninja Warrior personnel. Ninja Warrior shall be entitled to prevent any person from undertaking or completing the Activities in the event it deems the behaviour of any participant unsuitable. The decision of the Manager on duty will be final.
Participants must be dressed appropriately (please see the FAQ’s section of our website at www.ninjawarrioruk.co.uk/gloucester to any participant who is not appropriately dressed.
No refunds or compensation will be payable by Ninja Warrior in the event that any participant is not permitted to, or decides not to, undertake or complete the Activities for any reason.
5. PRICE AND PAYMENT
Subject to any terms agreed in writing between Ninja Warrior Licensee and you, our charges for all activities and all ancillary products (such as Ninja Warrior Licensee grip gloves) shall be calculated at our current rates from time to time.
All charges include VAT.
Payment shall be made in full at the time of booking and can be made by using a debit card or credit card. All payments are made directly to the Ninja Warrior Licensee who operate the Site which you have booked at. No booking payments are made to or received by Ninja Warrior Licensee
Ninja Warrior Licensee reserves the right to change its prices at any time. Though any change in price will not affect any Activities which have already been booked and paid for in full at the time that the change in price becomes effective.
6. CANCELLATIONS, TRANSFERS AND REFUNDS
Ninja Warrior Licensee requires 7 days’ notice before the booked start time to provide a full refund for any cancellations for bookings of 9 participants or fewer. Any cancellations occurring with less than 7 days’ notice yet more than 24 hours’ notice will be offered a transfer to another Activity, or the same Activity but a different date and time or a credit note for the value of the booking. This requires the participant to specify an alternative Activity or date and time for their booking. With less than 24 hours’ notice all cancellations will not receive a refund or transfer.
Ninja Warrior Licensee requires 14 days’ notice to provide a full refund for any cancellations for parties or any group bookings for 10 participants or more. Any cancellations occurring with less than 14 days’ notice yet more than 7 clear days’ notice will be offered a transfer to another Activity, or the same Activity but a different date and time or a credit note for the value of the booking. This requires the participant to specify an alternative Activity or date and time for their booking. With less than 7 days’ notice all cancellations will not receive a refund or transfer.
Any cancellation pursuant to points 4.1 and/or 4.2 must be made by visiting the relevant site or emailing the relevant site who’s email address is available at [www.ninjawarrioruk.co.uk].
The terms of points 4.1 to 4.3 shall apply notwithstanding if your booking takes place within these time periods.
Ninja Warrior Licensee shall be entitled to cancel your booking at any time. In the event that Ninja Warrior Licensee decides to cancel your booking it shall use its reasonable endeavours to notify you as soon as possible. In the event of cancellation under this point, you shall be entitled to transfer your booking to another date by time or to another Activity but no other compensation or refund shall be payable by Ninja Warrior Licensee.
Payments made by debit or credit card will be refunded to the same card.
No refunds will be given for transactions made by gift vouchers. Bookings which were made by gift vouchers and which are cancelled pursuant to points 4.1, 4.2 and 4.5 of these terms and conditions may be transferred to another date and time.
Where multiple forms of payment are used, Ninja Warrior reserves the right to refund any monies due by debit or credit card.
7. DELIVERY OF SERVICE
Subject to the terms of these terms and conditions, we shall provide the Activities to you at the Ninja Warrior Site that you have booked at and as set out in the booking confirmation.
Ninja Warrior Licensee shall use its reasonable endeavours to ensure that you and members of your booking’s participation in an Activity commences at the time booked. We require you and the participants in your booking to report to reception at the Site at least twenty minutes prior to your booking time. Late arrivals may not be permitted to undertake the Activities and no refunds or compensation will be payable in each circumstance.
Any Ninja Warrior grip gloves which are purchased online shall be collected from the Ninja Warrior UK Adventure Site you have booked with prior to taking part in the Activities.
8. OUR LIABILITY TO YOU
Ninja Warrior Licensee, employees, directors and agents are not liable to you, the participants in your booking, or your or their dependants or legal representatives for any claim for any indirect or consequential loss or damage, including without limitation personal injury or financial loss or damage, whether such liability arises in breach of contract, tort (including negligence), statute or statutory duty save that nothing is intended to nor shall limit the liability of Ninja Warrior Licensee in respect of death or personal injury caused by the negligence of Ninja Warrior Licensee or of its employees, agents or contractors or affect the statutory rights of any person dealing as a consumer.
Ninja Warrior Licensee will not be held responsible for the loss or damage of or to any of your or the participants in your booking’s property or personal belongings during your visit to the Site or arising from the booking of or participation in the Activities. Personal possessions are brought into the venue entirely at the owners’ risk.
Parking facilities are available at the Site and any vehicles and their contents are left at the owners’ risk and are subject to any conditions and the payment of any fees as may be required by the provider of such facilities at the Site.
Except as otherwise stated, any liability of Ninja Warrior Licensee shall be limited to the refund of any charges paid to Ninja Warrior UK Licensee.
To the maximum extent permitted by law, Ninja Warrior Licensee, ITV and TBS including their, employees, directors and agents are not liable for any injury, loss or damage (including damage to property or personal belongings) directly or indirectly arising out of or in connection with the use of any arcade or other games machine owned or supplied by a third party.
9. EVENTS OUTSIDE OUR CONTROL
ITV and TBS shall not be liable or responsible for any failure to perform, or delay in performance of, any of Ninja Warrior Licensee obligations under these terms and conditions.
If an event outside of Ninja Warrior Licensee reasonable control takes place that affects the performance of Ninja Warrior Licensee obligations under these terms and conditions, Ninja Warrior Licensee will contact you as soon as reasonably possible and Ninja Warrior Licensee obligations under these terms and conditions shall be suspended for the duration of the event.
If an event outside of the Ninja Warrior Licensees reasonable control, which means that Ninja Warrior Licensee will not be able to provide the Activities in accordance with your booking, takes place before the commencement of your booking, you may cancel your booking and the Ninja Warrior Licensee will provide you with a full refund.
If it proves necessary to close the Site or cancel any Activities for reasons beyond the reasonable control of Ninja Warrior Licensee and in circumstances where your party has commenced participation in the Activities, you shall not be entitled to any refund (in part or in whole). In such circumstances the Ninja Warrior Licensee may, but shall not be obliged to, offer alternative dates or times at reduced rates.
10. HOW TO CONTACT US
If you have any questions or if you have any complaints, please contact the Ninja Warrior Licensee park with whom you have booked. Contact details for all Ninja Warrior parks can be found on our website at www.ninjawarrioruk.co.uk/gloucester
11. OTHER IMPORTANT TERMS
Ninja Warrior may transfer its rights and obligations under these terms and condition to another organisation and we will always notify you in writing if this happens, but this will not affect your rights or Ninja Warrior obligations under these terms and conditions.
Nothing in these terms and conditions shall confer on any third party or any benefit or right to enforce any of these terms and conditions.
Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If Ninja Warrior fails to insist that you perform any of your obligations under these terms and conditions, or if Ninja Warrior does not enforce its rights against you, or if it delays in doing so, that will not mean that it has waived its rights against you and will not mean that you do not have to comply with those obligations. If Ninja Warrior does waive a default by you, it will only do so in writing, and that will not mean that we will automatically waive any later default by you.
These terms and conditions are governed by English law. You agree to submit to the exclusive jurisdiction of the English courts.
It shall be the responsibility of all participants to ensure that they are dressed appropriately and Ninja Warrior advises participants to wear clothing appropriate for the activity and which they do not mind getting damaged. In particular the following restrictions shall apply:
Long hair must be tied back
No belts, jewellery or other sharp items of clothing that may cause damage to yourself, the equipment or other participants.
The Ninja Warrior UK Licensee will not be responsible for any damage to or loss of clothing or other personal items resulting from participation in the Activities.