TERMS AND CONDITIONS OF ENTRY AND USE TO AQUALAND INDUSTRIES OPERATED EVENTS
- We are delighted that you and your child have chosen to enjoy the Powered Adventure Play of Aqualand products! We hope your child enjoys the experience.
- Listed below are the Terms and Conditions of Aqualand Industries Limited that apply to admittance to any arena that is owned and/or operated by the Company (the “Attraction”), and to your child’s use of the Aqualand products within such Attraction.
- If you are in any doubt as to whether an Attraction is being operated by the Company or, alternatively, by a third party operator, please contact us using the link on the website.
- In these Terms and Conditions the following definitions shall apply:
- Attraction: has the meaning given to it in clause 2;
- Company/’Us’/’We’/’Our’: means Aqualand Industries Limited a company incorporated in England & Wales with Company number 11269289 and registered office at 1 Mariner Court, Calder Business Park, Wakefield, WF4 3FL;
- Products: means either or both of the (i) the all-terrain 6×6 electrically powered children’s vehicle known as the Crazi-Bugz; and/or (ii) the electrically powered body board known as the Bod-Jet, in each case provided by the Company for use by your child at the Attraction (and “Product” shall mean any one of them);
- Ticket: A valid ticket allowing you and the User entry to the Attraction for a stated session or sessions;
- User: means the child for whom admission to the Attraction is sought in connection with the User’s use of the Product; and
- You/Your: means the parent, guardian, carer or person responsible for the User seeking admission to the Attraction for the purposes of the User using the Product.
- By purchasing or using a Ticket, You agree, for yourself and on behalf of the User, to comply with these Terms and Conditions and confirm and agree that these Terms and Conditions have been read, understood and accepted by You and apply in connection with admission to the Attraction and Your and the User’s use of the Product.
- The Company reserves the right to refuse any person admission to the Attraction, or use of the Product, as it deems appropriate or otherwise in the interests of the safety of any other user or person at the Attraction. This includes any person whose behaviour is considered antisocial and/or unsafe to themselves or others.
- The Company further reserves the right to refuse admittance to the Attraction to any User who is not dressed appropriately for the activity. All participants should ensure they are not wearing any sharp items and remove all jewellery and loose items before participating. The Company will be within its rights to remove during the Product session for which a Ticket has been purchased any User during who is identified to be in breach of these requirements. No refund will be provided in such circumstances.
- Only persons aged 6 years or older are permitted entry to the Attraction and to use the Product. All other persons will be refused admission to the Attraction and use of the Product or otherwise removed from the Attraction without any right to a refund.
- You hereby confirm that the User is aged 6 years or older as at the point of admission to the Attraction.
- You hereby confirm the User does not have any medical conditions which (i) would prevent him/her participating in the Attraction or using a Product for which the Ticket has been purchased and/or (ii) may endanger his/her life or well-being or the life or well-being of any other user or person at the Attraction and/or (iii) would prevent or limit the User’s ability to use the Product safely or otherwise in accordance with these Terms and Conditions and any other instructions given.
- It is Your responsibility to ensure the User has, and is administered with, any medication or medical device they may require in order to participate in the Product session for which the Ticket has been purchased and to otherwise comply with clause 10 of these Terms and Conditions.
- Whilst inside the Attraction, You and the User must comply at all times with these Terms and Conditions and any other instructions given by Our personnel or any third party instructed on Our behalf. Persistent violation or breach of the Terms and Conditions or issued instructions will result in the exclusion of You and an offending User from the Attraction without any right to a refund.
- All Users must (i) attend a safety briefing session prior to every Product session (irrespective of whether the User has used a Product before); (ii) conform at all times with all safety rules in force, and instructions given by Us or persons on Our behalf, at the Attraction or otherwise during the conduct of the Product session for which the Ticket has been purchased and (iii) wear at all times during the Product session all safety equipment issued by us at the Attraction.
- You acknowledge that the Products are electrically powered children’s vehicles and that powered toys involve inherent risks of injury to the User if not operated correctly.
- You acknowledge that the Attraction is taking place on various terrains or in varying conditions and that there may be hazards on site including (without limitation) the following: (for Bod-Jet) waves, branches, stones, shells, other sea debris; and (for Crazi-Bugz) fallen trees; uneven surfaces, gravel, stones, dead branches; sharp objects; holes and that, therefore, care should be taken by (i) the User at all times in operating the Products and by (ii) You (and any other person for whom You procure admission to the Attraction (for example watching family members)) in accessing and manoeuvring about the Attraction.
- You remain responsible for, and for the conduct and behaviour of, the User and any other person (and any other person for whom You procure admission to the Attraction (for example watching family members)) whilst at the Attraction and in the use of the Products.
- In consideration of the admission of the User to the Attraction and to his/her use of the Products, You, and each person for whom you procure admission to the Attraction, hereby agreed that You will not, either on behalf of Yourself, the User or any other person, hold the Company, its employees, officers, servants and agents liable for any injury or damage or loss suffered or incurred by You, the User or any other person arising from or following admission to the Attraction and/or use of the Product (and irrespective of whether such injury, damage or loss can be attributed to any act or omission of the Company or its employees, officers, servants or agents) and You, and each person for whom you procure admission to the Attraction, will indemnify the Company, its employees, officers, servants and agents against all actions, claims, losses, costs, expenses, liabilities or demands which it or they may suffer or incur howsoever arising, directly or indirectly as a result of the acts or omissions of You, the User or any other person for you procure admission to the Attraction whilst at the Attraction or in the use of the Product. This does not affect any person’s statutory rights or any liability of the Company which cannot be excluded by law.
- The Company does not accept responsibility for the loss or damage to any personal property belonging to You, the User or any other person for whom You procure admission to the Attraction (for example watching family members) whilst at the Attraction. The Company does not accept responsibility for loss or damage to customer vehicles. Vehicles and their contents are left at their owner’s risk.
- Following the safety briefing and once using the Products, Users will not be individually supervised by the Company’s personnel or any other person. They remain Your responsibility.
- The Company reserves the right to refuse entry or remove any person (including any User) causing wilful damage to the Products, facilities, fixtures, fittings or other property of the Company. Any party engaging in such behaviour will be liable to pay for the rectification, remedy and all damages caused. This includes any damage caused by misuse of equipment and/or failure to comply to supplied guidance and/or instructions.
- Without limiting any other provision of these Terms and Conditions, no refunds or compensation will be payable by the Company in the event that You or the User is not permitted to, refused permission to, enter the Attraction or use the Products, or otherwise the User decides not to undertake or complete a session for which a Ticket has been paid for.
- Unless it is expressly prohibited by notice at the Attraction, You are permitted to take photographs and recordings within the Attraction provided that these are solely for private use and are not sold or used for any commercial or public purpose. By accepting Terms and Conditions, you acknowledge that the Company may on demand have access to photographs taken and video footage captured by You and request that certain photographs and/or footage are deleted if they are deemed to be offensive to or infringe the privacy of other guests and/or staff. By accepting these Terms and Conditions, You agree not to intentionally photograph and/or capture video footage of any individual without that person’s permission.
- From time to time the Company or other authorised parties carry out photography and/or video recording in the Attraction, which may feature guests. Entry to the Attraction is deemed acceptance of these Terms and Conditions, and You therefore agree that the Company or any authorised party may use such images in perpetuity in any promotional, advertising or publicity material in any format whatsoever. You further agree that copyright in these materials rests with the Company or such authorised party (as the case may be).
- The Company collects information about its Users when a Ticket is purchased, including personal data (Data). The Company processes Data in accordance with the General Data Protection Regulation and all associated laws. The Company uses Data to provide information on its customers, process payments, to communicate with its customers, to comply with its legal obligations and for its legitimate business interests. The Company may release Data at any time if it considers in its sole discretion this is appropriate: (a) to comply with the law; (b) to enforce these Terms and Conditions; (c) for crime prevention or detection purposes; or (d) to protect the safety of any person at the Attraction. Also, if the Company sells or buys any business or assets, it may disclose Data to the prospective seller or buyer of such business or assets or if substantially all of the Company’s assets are acquired by a third party, Data will be one of the transferred assets. Individuals have the right to request a copy of the information the Company on them, to request that inaccurate Data is rectified, to restrict how Data is used and in certain circumstances to have Data deleted. Requests for any of these should be made through the Company’s contact us page of its website. More details on how the Company uses Data and Your rights in relation to Data are set out in Our Privacy Notice which can be viewed on Our website or provided on request.
- Acting reasonably, the Company reserves the right to vary these Terms and Conditions at any time without prior notice.