This form (“Waiver”) relates to all indoor activities undertaken at Kiztopia Holding Thailand (“KIZTOPIA”) including but not limited to all the activities provided by KIZTOPIA within its premises (“Activities”) (“us”, “our”, “we”). All parents, guardian, caregiver, helper, legal representative or accompanying adult (“You” or “you” or “Adult”) of the Participants, which include without limitations, any child/children, ward or student, (collectively the “Participants” or each a “Participant”) of the Activities must submit this Waiver before they will be allowed to undertake any Activities.
You agree to abide by the House Rules and any instructions given by the KIZTOPIA staff at all times.
The Waiver is incorporated in the Conditions of Sale terms and conditions which are accessible at www.kiztopia.co.th (the “Conditions of Sale”). All capitalized terms used and not defined herein shall have the respective meanings ascribed to them under the Conditions of Sale.
You warrant that:
- You are over the age of 18.
- You are the parent/guardian of the Participants under the age of 12 (or if you are not the parent/guardian, you have authority from the parent/guardian to accept this Waiver on their behalf).
- To the best of your knowledge, you do not (and have confirmed with the parents/guardians that the Participants do not) have any medical condition/s which may mean that it is more likely for them to be involved in an incident which could result in injury to them or any other person.
In consideration of being allowed to play in KIZTOPIA Venue, You hereby understand and agree that:
- You agree that the Participant shall participate in Activities, and/or use the facilities provided by KIZTOPIA (“KIZTOPIA Facilities”) and the premises where KIZTOPIA provides its Activities (“KIZTOPIA Venue”) at his/her own risk, and assumes and accepts all such risks in relation thereto. The risk of injury from the Activities is significant, and may result in injury including but not limited to cuts, bruises, falls, broken bones, strains, sprains, concussions, or heart attack.
- You agree that KIZTOPIA has taken all reasonable measures to ensure proper construction and maintenance of KIZTOPIA Facilities and taken all reasonable precautions in providing its services.
- You knowingly and freely assume all responsibility for any risk of lost or stolen property, damage or personal injury that may be sustained by you and any minor in your charge and your invitees, or any loss or damage to property owned by you, as a result of your action.
- You further agree to release, hold harmless of and defend KIZTOPIA and its employees, directors and agents against all claims, liabilities, actions and proceedings, as well as any and all losses, costs, damages and expenses arising out of:
a. damages to, loss or destruction of any property;
b. injury, sickness or death to you or the minor under your care, which may result from your participation in KIZTOPIA; and
c. claims brought by third parties.
- You and any Participants under your charge, hereby agree to waive, discharge and release and covenant not to sue KIZTOPIA and its employees, directors and agents from any claims, demands, rights, fees, damages, expenses, losses and liabilities of any kind whatsoever, whether known or unknown, to the fullest extent permitted by law arising out of your use of KIZTOPIA’s website, Activities and any other activities conducted by KIZTOPIA.
- You acknowledge that any and all minors in your charge is in good physical condition and do not know of any condition or reason that they should not participate in the Activities.
- You agree to replace, at your own expense, or to reimburse KIZTOPIA for any direct, special, incidental, consequential or other indirect losses, or damages whatsoever caused by you or the minors under your charge.
You further acknowledge and confirm that:
- While KIZTOPIA’s works hard to minimise the risk, you should be aware that the Participant may engage in the Activities or play in the KIZTOPIA Venue in a dangerous manner which may be unforeseeable by KIZTOPIA and can result in personal injury, death or damage to yourself, the Participant, any other Participant and to your personal property.
- You are responsible for your own safety, and for the safety of the Participants under your care.
- You agree to ensure that any Participant in your care, is supervised at all times, and shall not behave in such manner as to cause danger or discomfort to yourselves or others. You shall ensure that you are on site at all times to supervise all the Participants that you are responsible for. Accordingly, having regard to this Waiver, you shall not hold the owners, management and/or any employees of KIZTOPIA liable for the injury, pain, loss or damage which may be sustained by the Participant.
- KIZTOPIA’s staff will not be responsible for supervising you or any Participant that you are responsible for.
- All Participants of the Activities must put on non-slip socks whilst participating in the Activities.
- The Activities require a moderate level of fitness and Participants should only take part in the Activities if they are physically able to do so.
- You understand that no outside food and beverages are allowed inside KIZTOPIA premise, and you agree that KIZTOPIA will not be responsible for damages caused related to any food and beverages consumed inside KIZTOPIA premise.
- You acknowledge and accept that CCTV monitoring and recording is in operation throughout the KIZTOPIA premises for the purpose of crime prevention and public safety.
- You will comply with all signs, notices, directions, instructions or requests of KIZTOPIA, and acknowledge that KIZTOPIA reserves the right (in its absolute discretion) to suspend or cancel any person’s access to any Activities and/or any KIZTOPIA Facilities, without refund or compensation, for non-compliance with any of its Conditions of Sale, house rules, signs, notices, directions, instructions or requests, for any unsafe, reckless or careless conduct, to ensure the safety, security or order at the KIZTOPIA Venue, or if KIZTOPIA considers that the circumstances so require.