TERMS & CONDITIONS
These Terms and Conditions together with any and all documentation referred to therein are the standard terms which apply to entry into The Playground by any customer, other members of a customer’s party, and their guest/s and their use of The Playground…
Definitions and Interpretation Attendee Disclaimer
The disclaimer and indemnity in the form set out at the end of these terms and conditions.
The Playground
Means the assault course located at The Playground, Barrow
Entry Conditions
Means the conditions of entry into the The Playground and the rules and regulations that must be obeyed at all times
We/Us/Our
Means Assault Yours Senses LTD T/A The Playground and includes all employees and agents of us
Customer/You/Your
Means an individual who is a customer of us who agrees to pay both for him/herself as a paying guest of The Playground and also for members of his/her party and any of his/her guests;
Order
Means your order to purchase an entry ticket to The Playground whether through Our Site, via telephone or in person
Our Site
www.theplaygrounduk.com
Unless the context otherwise requires, each reference in these Terms and Conditions is a reference to these Terms and Conditions as amended or supplemented from time to time.
General
Customers are reminded that The Playground is potentially hazardous and use of The Playground is at the Customers own risk. All attendees to The Playground must observe the Entry Conditions at all times.
Whilst we make all reasonable efforts to ensure that the descriptions of The Playground are correct and reasonable and accurate, Images and video footage of The Playground are for illustrative purposes only. By proceeding with this booking, you confirm you’re not relying on any representations made.
1. Entry into The Playground
1.1 All persons entering The Playground must have a valid entry ticket. All entry tickets purchased are only valid on the date and time
printed on the ticket.
1.2 Moving bookings, cancellations and refunds;
WE OPERATE A ‘NO REFUND’ POLICY UNDER ANY CIRCUMSTANCES
Up to 48 hours prior to your booking, you can move the activity date free of charge, if there is availability. Any requests to move the booking date must be made via the link in the booking confirmation email or by telephoning the booking line: 01284 625880
Should The Playground feel it’s necessary to cancel your booking, it shall use reasonable endeavours to notify you as soon as possible. You shall be entitled to a full refund in the event of cancellation under this clause, but no other compensation shall be payable.
Should The Playground, for reasons beyond their control (including high winds, lightning storms and icy conditions*), feel it is necessary to close the activity once your party have already commenced participation, you will be offered alternative times or dates to return within one year and rescheduled free of charge.
*in all other weather conditions, we operate as normal and standard conditions apply.Payments made by Gift Voucher will be refunded by the issuing of a replacement Gift Voucher to the same value.
1.3 Our Site will guide you through the booking process. Before submitting your Order to us you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it and that each guest is able to satisfy the Entry Conditions. By submitting your Order, you represent to us that you have authority to make the booking on behalf of your party and that the booking is subject to these terms and conditions.
1.4 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that we may, at our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that we have accepted it. Our acceptance is indicated by us sending you a booking confirmation by email. Only once we have sent you a booking confirmation will there be a legally binding contract between Us and you.
1.5 If we, for any reason, do not accept or cannot fulfil your Order, because for example the dates you have requested are no longer available, then no payment shall be taken under normal circumstances. If we have taken payment any such sums will be refunded to you as soon as possible and in any event within 7 Business Days.
1.6 You may change the date of Your booking up to 14 days before the date on which you’re due to attend. We will use all reasonable endeavours to accommodate Your requested changes, but We do not promise that all date changes that You request will be accommodated.
1.7 If tickets are bought on behalf of other guests, you accept the Entry Conditions (including Waiver Form) on behalf of every guest and shall ensure that the Entry Conditions are complied with by each person in the group.
1.8 Where tickets are to be purchased for exclusive use of The Playground, such bookings will need to be made direct with us. Payment will need to be made in advance, unless we have agreed any special credit terms with you. Where we have agreed special credit terms, we shall require a non-refundable deposit to secure the exclusive use of The Playground and full payment will need to be made in advance 24 hours before the date you’re due to attend. We reserve the right to refuse entry into The Playground where any payment remains outstanding.
1.9 Payment for all tickets online/telephone must always be made in advance and you will be prompted to pay during the order process.
2. Changes to The Playground
2.1 We will endeavour to ensure that as many obstacles are available for use by You and other guests to enjoy The Playground. However we reserve the right, without prior notice, to remove any obstacles, that we deem necessary.
2.2 As your safety is our concern, we reserve the right to close the whole or any part of The Playground or suspend the operation of The Playground at any time for any technical or operational reasons (including staff illness), weather, capacity, special events, or to ensure the safety and security of guests, or if we reasonably consider the circumstances so require. If The Playground is closed for any of the reasons set out above, we reserve the right to offer substitute tickets for admission to The Playground on an alternative date in substitution for any other form of redress.
3. Entry Requirements
3.1 You will be admitted to The Playground subject to the Entry Conditions. If you do not comply with the Entry Conditions or you fail to complete the online Attendee Disclaimer you will not be permitted access to The Playground or may be removed from The Playground by us, without any right to a refund. Whilst at The Playground, you must comply with any reasonable instructions given to you by our personnel or any third party instructed on behalf of us. We reserve the right to vary these Entry Conditions at any time without prior notice.
3.2 By entering The Playground, you accept that you have a duty to take reasonable steps to ensure your own safety, taking into account any personal medical conditions. All persons in and around The Playground should behave in a safe manner at all times and must not act in any manner which may disturb other users of The Playground.
3.3 If you or any one in your party behaves in a manner which we consider to be unsafe or where we believe that you’re under the influence of drugs or alcohol or where you disregard the reasonable instructions given to you by us, cause a nuisance or endanger others on the course, then we reserve the right to remove you from The Playground.
3.4 Participants must be 7 years or older for The Playground with parental consent, if under the age of 18. Participants under the age of 18, will only be able to use The Playground with parental consent.
4. Customers with disability
We fully comply with all laws from time to time in force regulating the treatment of, and provision for, customers with any disability. If you have any special requirements pertaining to a disability, you should inform us of such requirements before you arrive.
5. Limitation of Liability
5.1 To the maximum extent permitted by law, we accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of The Playground whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with the use of The Playground. We accept no liability for any damage/theft/loss caused to property and/or personal belongings, and any personal belongings brought to The Playground is at your own risk.
5.2 Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence.
5.3 Furthermore, if you are a “consumer” as defined by the Consumer Rights Act 2015, or a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under:
5.3.1 the Consumer Rights Act 2015;
5.3.2 the Consumer Regulations;
5.3.3 the Consumer Protection Act 1987; or
5.3.4 any other consumer protection legislation;
as that legislation is amended from time to time.
For more details of your legal rights please refer to your local Citizens Advice Bureau or Trading Standards Office.
6. Changes to Terms and Conditions
We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such change.
7. How We Use Your Personal Information (Data Protection)
7.1 Please read our Privacy Policy for all information pertaining to GDPR.
8. Regulations
We are required by the Consumer Regulations to ensure that certain information is given or made available to You as a Consumer before we make Our contract with You (i.e. before We accept Your request to make a booking) except where that information is already apparent from the context of the transaction. We have included the information itself in these Terms and Conditions for You to see now as required by the Regulations, and such information will be part of the terms of Our contract with You as a Consumer.
9. Complaints
We always welcome feedback from our customer and whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint. If you have any complaint about The Playground or any of our staff, please raise the matter with Nick Smith who can be contacted at info@theplaygrounduk.com
10. No Waiver
No failure or delay by Us or You in exercising any rights under these Terms and Conditions means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of these Terms and Conditions means that We or You will waive any subsequent breach of the same or any other provision.
11. Law and Jurisdiction
11.1 These Terms and Conditions and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and
construed in accordance with English Law; and
11.2 Any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.
12. Coronavirus (updated 19/08/2021)
12.1 All Covid restrictions have been lifted in line with Government guidelines.
ENTRY CONDITIONS
You will be admitted to The Playground subject to the following Entry Conditions. If you do not comply with the Entry Conditions you will not be permitted access to The Playground or may be removed from The Playground by us, without any right to a refund.
1. Whilst at The Playground, you must comply with any reasonable instructions given to you by our personnel or any third party instructed on behalf of us. We reserve the right to vary these Entry Conditions at any time without prior notice.
2. By entering The Playground, you accept that you have a duty to take reasonable steps to ensure your own safety, taking into account any personal medical conditions. All persons in and around The Playground should behave in a safe manner at all times and must not act in any manner which may disturb other users of The Playground. if you have any medical conditions, you should consult with your own doctor to ascertain if you can take part. if there is any possibility you might be pregnant, you should not take part. All medical equipment / inhalers / insulin must be left at the first aid station, by the launch area. If you have already booked then fall ill before your visit and can provide a doctor’s note explaining you are unable to participate we will refund in full any monies paid for your ticket.
3. Please remove all rings, earrings and jewellery before entering The Playground.
4. Pushing and shoving is prohibited. Entry into the muddy ditches must be feet first, by sliding in. No jumping or diving in at any time. When you’re jumping/sliding in from any other obstacles please ensure that you’re landing area is clear and you’re not jumping into or onto anyone. Do NOT climb up an obstacle directly behind a person to avoid them slipping on top of you.
5. The Staff are there to ensure your safety. Please respect them and allow them to control the volumes of people on certain equipment.
6. If you or any one in your party behaves in a manner which we consider to be unsafe or where we believe that you’re under the influence of drugs or alcohol or where you disregard the reasonable instructions given to you by us, cause a nuisance or endanger others on the course, then we reserve the right to remove you from The Playground.
RULES AND REGULATIONS
THE PLAYGROUND ATTENDEE DISCLAIMER
Assault Your Senses Ltd cares for the safe welfare of all participants. We consider Health and Safety to be important for all participants and require you to read and review this statement and indemnity form to establish our level of commitment to your health and safety
Participants must be a minimum of 7 years old for The Playground with parental consent, if under the age of 18.
You acknowledge an assault course can be a dangerous activity. Resulting injuries may include: Cuts, grazes, sprains, bone fractures, dislocations, loss of consciousness or drowning. You must report any accidents or injuries to a member of staff immediately.
Participants will always follow instructions given by The Playground staff. We have the rights to terminate your activities should you not comply with instructions.
Participants will ensure their own safety whilst taking reasonable care when attempting The Playground obstacles.
Participants must not partake in any of our activities whilst under the influence of Drugs or Alcohol – The Playground reserve the right to remove you if we see fit.
Participants who have any of the following disorders should not attend - known Back/Neck Injuries, Epilepsy, Respiratory, Pulmonary, Psychological or other health conditions affecting a participant’s performance.
By completing an order, you confirm that have read and understand the safety requirements as set out above and will listen to all instruction from The Playground staff or ensure that any participant under or above the age of 18 complies with such instructions. You confirm By completing an order, you have read and understood the preliminary safety briefing.
DISCLAIMER
1. The risk of injury from the activities involved with the ‘Event*’ (*all activities run by Assault Your Senses Ltd) is possible, including (but not limited to) the following; sprains, strains, fractures, heat & cold injuries, over-use injuries, animal bites/stings. Whilst Assault Your Senses Ltd has robust systems & processes in place to mitigate this, the risk of injury does exist.
2. After opportunity to fully inform myself about the ‘Event’, I knowingly accept all such risks exist – and assume responsibility for my participation in the ‘Event’.
3. Upon viewing the video safety brief OR receipt of a verbal safety brief from the Playmaker/s on duty, I confirm that I understand & will adhere to all of its content during my participation in the ‘Event’.
4. I attest and verify that I am free from all illnesses – including Covid19 - & injuries that could interfere with my safe participation in the ‘Event’, and that I am physically fit and sufficiently prepared to participate in all activities associated with the ‘Event’.
5. My participation in Assault Your Senses Ltd ‘Events’ is entirely voluntary.
6. If I observe any unusual and/or significant hazard during my presence/participation, I will remove myself and bring such hazard to the attention of the nearest Playmaker.
7. I consent to administration of first aid (by a first aid-trained Playmaker) in the event of injury or illness during the ‘Event’.
8. Unless I make it known to the contrary prior to the session commencing, I give consent for any photos or videos taken by Playmakers during the ‘Event’ to be used by Assault Your Senses Ltd on their website & social media channels.