Privacy Polic
Special Ops (Gibraltar)
Adventure Activity Disclaimer
This form must be completed by every person whom is a participant (as defined in Clause 2 below) in any adventure activity (the “Activity” as defined in Clause 1 below) provided by or connected with (whether arranged, organised or carried out in Gibraltar or elsewhere). [Special Ops (Gibraltar)]. In this document the phrase the company is to be taken to include any of its associated companies or entities or any of its staff or employees or associates or consultants or instructors (regardless of whether the company or they receive or are to receive any remuneration or not for acting in such capacity or organising, taking part or being connected with or Participating in the Activity and or any form of payment has been provided by the same or others on their behalf for any of the same purposes) (the “Company”).
1. The Activity is hereby defined as being one or more or a mixture
of the following activities arranged, organised, provided by
or connected with the Company and includes but is not limited to;
Paint Balling, Lazer-Tag, climbing, water sports and or
any activity (whether land, sea or air based or a mixture of the
same) which involves any physical activity where injury and
or damage to property may be a risk due to the nature of the
activity and or may reasonably occur.
2. The participant (the “Participant”) is hereby defined as anyone
engaged in the organisation of or taking part in or in any way
connected with or involved in the performance of the Activity
(regardless of whether the Company or they receive or are to
receive any remuneration or not for doing so or are to pay or not
for taking part or being involved in any way with the
Activity).
3. The Participant (and where applicable their parent or legal
guardian) hereby acknowledges that they have read the contract
or terms and conditions (“T & C’s”) of the Company and that they
have either already signed the required contract or T &
C's and or that in taking part in any Activity (or anything related
to it) they are signifying by conduct that they are agreeing to
be bound by this and the aforementioned documents.
4. This disclaimer and the T & C’s are legally binding documents and
where appropriate the singular includes the plural and
vice versa.
5. All Participants must read, listen to (and strictly follow) all
safety briefings, instructions and notices given by the
Company (or anyone who the Company has given permission to act on
their behalf) before and during taking part in the
Activity and whilst on any premises for which the Company may have
responsibility for or controlled or owned or occupied
by the Company or its staff or used for the purposes of the
Activity. If at any time the Participant is unsure of anything
relating to the Activity then it is the Participants responsibility
to ask the Company, a staff member or instructor for
clarification and not commence or continue the Activity until
clarification has been given.
6. Movement should be controlled at all times to avoid injury
(including but not limited to running). Jumping, climbing,
skipping and contact with other Participants must not be conducted
on the premises or any area for which the
Company, its instructors, employees, staff, associates or anyone who
the company accepts is acting on its behalf may have
ownership, control or responsibility for or upon which the Activity
is being conducted.
7. Strictly no alcohol, intoxicating substances and or drugs are to
be consumed before or during the Activity (be it
accidental or otherwise). Persons or Participants who are suspected
to be intoxicated or to have consumed any
aforementioned substance are under a duty to disclose this to the
Company, its staff or associates and at the sole
discretion of the aforementioned entity or persons, the Participant
will be denied permission to undertake any Activity
connected with or conducted by or for which the Company may be
responsible for and should immediately leave the
premises if asked to. No refund for any monies paid will be given if
any person or Participant is denied permission to take
part in the Activity due to the aforementioned suspicion of alcohol
or substance consumption. Also any deposit paid may be
forfeit and any other monies owed or remaining to be paid by the
Participant for the Activity or in connection with the Activity
will still be recoverable by the Company.
8. If the Participant has a medical condition or is unwell or for
any reason feels unwell they must before commencing the
Activity disclose this to the Company or its staff or representative
and it is at the Company’s sole discretion (or its
representative) whether to allow the Participant permission to take
part in or continue to take part in the Activity and
whether any refunds are payable or not. Any deposit paid may be
forfeit and any other monies owed or remaining to be
paid by the Participant for the Activity or in connection with the
Activity will still be recoverable by the Company.
9. Pregnancy; the Participant declares that to their knowledge they
are not in gestation and the company or its
representatives cannot be made liable for complications should these
arise during or after the activity.
10. Disability; All participants must be full able-bodied unless
they accept limiting the activity within their physical ability.
Hearing impaired participants may participate as long as they can
understand the safety brief. Those with complete
hearing loss will not appreciate the full benefits but may
participate. Sight impaired participants cannot undertake LazerTag
activities.
11. If the Participant becomes aware that they are feeling unwell or
have a medical condition during or after the Activity they
must inform the Company or its staff. If the Company (at its sole
discretion at any time) feels that a Participant is unwell, it
may require that the Participant immediately cease the Activity and
seek appropriate medical care (for which the
responsibility to seek appropriate medical care remains on the
Participant).
12. All required protective clothing and safety clothing including
but not limited to; climbing gear, buoyancy aids, head
protection, etc, must be worn for the duration of the Activity,
where applicable. Should an item of the aforementioned
required protective and or safety clothing be removed (either
accidentally or intentionally) the Participant will be required to
immediately cease the Activity and inform the Company or its
employees or staff or representative of this occurrence to
allow them if possible to remedy the situation. If no reasonable
expedient and effective remedy is possible the participant
will consent to permanently cease the Activity.
13. All Participants must exhibit reasonable standards of decent
behaviour. It is at the Company’s sole discretion to require
any Participant or person who is in the Company’s or its
representatives view not comporting themselves in a reasonable or
safe manner to not take part in the Activity or immediately cease
the Activity. No refund will be payable and all outstanding
monies owed by that Participant will still be a payable and
recoverable by the Company.
14. All equipment must remain on site & returned to the designated
area after use. The equipment remains the property of the
Company and in the event of any damage being caused to the equipment
through fault of the use; the participant is liable
to pay for the repair/replacement and or any deposit paid may also
be forfeit.
15. The Company accepts no liability for any and all damage or loss
to any Participant, person or entity (including any third
parties), or property of the same whatsoever and howsoever incurred
and the Participant hereby agrees to hold the
Company harmless from all such claims for the same.
16. All participants must understand that an Activity of this nature
can carry risks of injury or ailment during or after the event.
Whilst the Company makes all attempts to safeguard our Participants
from such risks, accidents & injuries can happen. In
agreeing to take part in this Activity & signing this disclaimer,
you are acknowledging these dangers and agree to take part
at your own risk.
17. This activity will be carried out in locations open and closed
to the public. The Landlord or entity in possession of the
area will not accept liability for any injuries or ailments arising
as a result of participating in these activities as participants
assume all risks by entering the site/arena. Participants must join
the walkthrough of the area and note all zones of
concern, no go areas and hazards. Failure to do so will result in
not being able to participate.
18. Participants are made aware that one can opt out or stop any
activity at any time, before or during the event and should
ignore any attempts by anyone to continue if this is not desired.
Participants and accompaniment are also warned that they
will be held personally liable for any dangerous actions, inactions
or negligence, as well as damages to public or private
property, intended or not.
19. All under age Participants are required to have obtained and
provided the Company (in the shape of this signed form) with
Parental consent before being permitted by the Company to undertake
the Activity. The Company and the Participants (the
“Parties”) do hereby acknowledge and agree that this legally binding
Disclaimer (which forms part of the Company’s T &
C’s, as from time to time updated) and any related documentation and
or any incident relating to it is to be governed by the
laws of Gibraltar (from time to time enforce) and the Parties do
hereby acknowledge and agreement to submit exclusively to
the jurisdiction of the Gibraltar courts.
20. The Participants (and where applicable their parent or legal
guardian) hereby acknowledges that they accept that
photography and videography may be taken during the Activity and the
Company may decide to publish this on its
Facebook or internet pages for advertising or other purposes.
I have read the rules of this disclaimer and the declaration and I
agree to be bound by them. All Activities or events can
carry risks of injury; all Activities are undertaken at my own risk.
The Company and its management will not accept any
liability whatsoever and howsoever caused for death, personal
injury, loss or damage suffered by Participants.
