Ninja Leisure Southampton UK LTD
These terms and conditions tell you information about us and the legal terms and conditions on which we, Ninja Leisure Ltd (“Ninja Warrior Licensee”) supply services to you and the participants in your booking.
We operate the website www.ninjawarrioruk.co.uk/southampton. We are Ninja Leisure Ltd, a company registered in England and Wales under company number 13257974 with registered address Burhill, Burwood Road, Walton-On-Thames, Surrey, KT12 4BX.
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 NW 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.
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.
As a temporary Covid-19 measure, our current admission policy is age 4+ for all visitors to the venue. There is no maximum age. 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/southampton 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 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.
No refunds will be given for events outside of Ninja Warrior Licensee control relating to Covid-19. Any booking effected by changes in legislation will be offered a reschedule or gift card credit.
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/southampton
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.
Offers can be removed at any time and cannot be used in conjunction with any other promotions.
Discounts for CARERS and BLUE LIGHT require valid ID on arrival. If no valid ID is provided, tickets will be charged at full price or entry will be refused.
Ninja Warrior UK Southampton take the wellbeing of all staff and fellow participants seriously. Following COVID-19 we have carried out several changes within our business and meet all regulatory guidelines. For further information on what we are doing to help reduce the risk of transmission please ask a member of Ninja Warrior UK Southampton and they can talk through the detail.
If you or any member of your household or “bubble” has shown COVID-19 Systems within the last 7-days you must not attend our premises and follow Government Guidelines. Refunds will not be given if you ignore this agreement and participate. If symptoms after making a booking but before visiting, Ninja Warrior UK Southampton will provide a voucher for a new visit. Refunds in vouchers will only be provided.
Ninja Warrior UK Southampton (operated by Ninja Leisure Ltd) Safety Agreement and Terms & Conditions of Participation, hereafter referred to as the PARTICIPANT AGREEMENT.
At Ninja Warrior UK Southampton we take your health and safety seriously. We wish to highlight that any of the activities available can be potentially hazardous physical activities and that participation can lead to a risk of injury and even death.
I, the Participant or Parent/Guardian of Participant(s), confirm as follows:
• I understand and accept that in participating in activities at Ninja Warrior UK Southampton that there is an element of danger and risk of physical or emotional injury, paralysis, death, or damage to me, to property or to third parties including participant(s) and others and consequently the participant(s) is/are to undertake to use Ninja Warrior UK Southampton equipment and facilities (the “Facilities”) and to conduct themselves while on Ninja Warrior UK Southampton’s premises, in a sensible and responsible manner and in compliance with all notices, instructions and directions as published or displayed from time to time and in compliance with any instruction given to the participant(s) by an authorised person in Ninja Warrior UK Southampton’s control. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things and without limitation:
Risk of cuts and bruises. Other more serious risks exist as well. Due to the nature of the activities there is a risk that participants may fall off equipment, and sustain sprains or breaks, or could suffer more serious injuries. Transitioning between obstacles carries the possibility of any manner of accidents. Similar risks are also inherent in using the Foam Pits, Ball Pools, Jump Towers or Air Bags.
2. I expressly agree and promise to accept and assume all the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate despite the risks. I warrant that I will only undertake obstacles and challenges that are within my ability level and throughout which I will be able to maintain control.
3. I understand that the activities provided by Ninja Warrior UK Southampton require a reasonable level of fitness and agility and I warrant that I am fit and able to participate. I also warrant that the participant(s) is/are in a good state of health and free from any injury, medical condition, disease or illness which may be aggravated by participating in activities that makes it dangerous for me to partake in such activities I expressly agree and promise to accept and assume all of the risks associated with the activities.
Additionally, the participant(s) recognises that such a breach in this term is dangerous or may increase any risk of injury to the participant(s) or others or make more likely that the participant(s) will be involved in an accident which could result in any form injury during the activity.
4. I acknowledge that the activities provided by Ninja Warrior UK Southampton are not available to pregnant women and that by accepting these terms I confirm that the participant(s) is/are not pregnant.
5. I acknowledge that cosmetic body enhancements including but not limited to false nails, non-removable jewellery and other surgical additions could cause injury to the participant(s) of any activities. Ninja Warrior UK Southampton strongly advises any participant(s) to remove these if possible before participating or not to participate, as Ninja Warrior UK Southampton will not be held accountable for any injury caused to the participant(s).
6. I acknowledge and agree that the participant(s) is/are responsible for their own safety and the safety of others whilst participating in activities. I understand that the activities may be undertaken without direct supervision following safety instructions and agree that the participant(s) will at all times wear any protective equipment provided by or required by Ninja Warrior UK Southampton to be worn and will ensure that the participant(s) complies/comply with all instructions given at any time during the activities by Ninja Warrior UK Southampton. by any of its staff, media or signage
7. I agree that the participant(s) shall not participate in any activities provided by Ninja Warrior UK Southampton unless the participant(s) has/have undertaken Ninja Warrior UK Southampton‘s Safety Briefing or been made aware verbally of the Ninja Code or been directed to the signage relating to the ninja code in relation to the activities and confirm that the participant(s) will comply with these at all times whilst on the premises from which the activities will be carried out.
8. I agree that the participant(s) will only attempt obstacles and challenges that are within the participant(s)’s skill and fitness levels and of which the participant(s) is/are able to retain control of at all times. That the participant(s) will also only use features that the participant(s) has/have the ability to use within the participant(s)’s skill and fitness levels. Obstacles and challenges are undertaken entirely at the participant(s)’s own risk and I will not hold Ninja Warrior UK Southampton liable for any injury the participant(s) may attain whilst participating in these activities.
9. I agree and promise to ensure the participant(s) accept(s) to be responsible for any and all risks existing and subsisting in the activities. I acknowledge that participation in the activities is voluntary and that the participant(s) elect(s) to participate despite of the risks and agrees to accept the consequences of so doing.
10. That the participant(s) will not use Ninja Warrior UK Southampton’s facilities and activities whilst under the influence of any drugs or alcohol.
11. That I will fully indemnify Ninja Warrior UK Southampton, its agents and employees against any claim brought by a third party for loss, damage, injury or death which has been caused by any action or omission of mine or any act or omission of any participant(s) of which I am the lawful parent or guardian or any participant(s) whose supervision is wholly or partly my responsibility at the time of the relevant act or omission that would, if they had agreed to the same with full capacity to do so, amount to a breach of these Terms and Conditions or which amounts to negligence or a wilful act or omission.
12. That when accompanying a child or children under the age of 13 years, I will comply and ensure that the child or children are safe and looked after. I will be present on site at all times and will not leave them unattended.
13. I confirm and agree that the participant(s) will comply with all age, height & weight restrictions specified by Ninja Warrior UK Southampton from time to time. The participant(s) acknowledge(s) that if they do not comply with any of these restrictions or any other requirements put in place by Ninja Warrior UK Southampton from time to time, they will not be able to participate in the activities and agree that they will promptly withdraw upon request by Ninja Warrior UK Southampton.
14. I acknowledge that nothing in these Terms and Conditions is intended to avoid liability, on the part of Ninja Warrior UK Southampton, for personal injury or death caused by the negligence of wilful act of its authorised person or agents.
15. Should Ninja Warrior UK Southampton or anyone acting on their behalf, be required to incur legal fees and costs to enforce this agreement, I agree to Indemnify and hold them harmless for all such fees and costs. This means that I will pay all those legal fees and costs myself.
16. The participant(s) consent(s) and agree(s) to the use by Ninja Warrior UK Southampton of CCTV monitoring for training, health and safety and security purposes.
17. Ninja Warrior UK Southampton consents to the participant(s) and accompanying members of their group undertaking photography for their own non-commercial purposes only and for no other purpose whatsoever. However, the participant(s) and accompanying members of their group are not to use any drone type equipment at Ninja Warrior UK Southampton , without seeking the correct permit(s), having the required training, license(s) and Insurance, with supporting documentation being available, to operate the equipment, before seeking the approval of the senior management at Ninja Warrior UK Southampton.
18. The participant(s) acknowledge(s) that Ninja Warrior UK Southampton is not and shall not be liable for any damage or loss to themselves, any third parties or property incurred whilst the participant(s) is/are undertaking the activities or are on the premises of Ninja Warrior UK Southampton.
19. That I may be asked for proof of I.D at any age. I must be able to produce documents if necessary. Failure to do so can result in being refused to partake in activities.
20. I confirm that I have read the above and adhere to the guidance set by the staff.
21. I confirm I am over the age of 18 years, signing for myself as a participant and/or as the Parent/Guardian of (a) participant(s) under the age of 18 years old. I give my consent for participants age 13+ to attend the site unaccompanied subject to a valid participant agreement being in date.
22. In consideration of not being required to sign a fresh copy of this PARTICIPANT AGREEMENT before each visit, I further agree that this PARTICIPANT AGREEMENT shall apply to all visits within the next 12 months by me and by the minor participant in full. By clicking the box below this document, I acknowledge that if anyone is hurt or property damaged during my participation in this activity, I may be found by a court of law to have waived my or the minor participant’s right to maintain a lawsuit against Ninja Warrior UK Southampton or any PARTIES that are bound by the PARTICIPANT AGREEMENT on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document prior to signing it and I have read and understood it and acknowledge that I have been recommended to seek legal advice prior to doing so, and I agree to be bound by its terms and further agree that in relation to any legal matters the laws of the United Kingdom shall apply.
24. I agree, consent and understand that my Personal Data (as defined in the General Data Protection Regulation ((EU) 2016/679) and the subsequent UK Data Protection Legislation) is to be held and controlled by Ninja Warrior UK Southampton and that this is contractual provision between us both. I also confirm that I am happy for any and all Personal Data in their possession to be passed to any third party for medical purposes in the event that it becomes necessary. I confirm that I have read and understood the Privacy Statement contained within (website link to privacy statement)