Terms & Conditions of Bookings

Terms and Conditions for all Boomerang Holdings Ltd Bookings

1 DEFINITIONS

The following expressions shall have the following meanings:

1.1 “activity” means indoor activities including, but not limited to, open bounce, Family bounce, battle beam, platform jump, football goal and foam pit.

1.2 “agreement” means the contract between Boomerang Holdings Ltd and the customer for the provision of the services incorporating these booking terms and conditions, the waiver, Boomerang Holdings Ltd Privacy policy;

1.3 “booking confirmation” shall mean written communication from Boomerang Holdings Ltd confirming the scheduled date and time of the activities booked by the customer;

1.4 “booking terms and conditions” means the terms and conditions as set out in this document and any subsequent terms and conditions agreed in writing by Boomerang Holdings Ltd

1.6 “court monitor” shall mean an employee or representative of Boomerang Holdings Ltd to monitor safety at the trampoline park;

1.7 “customer” means any person, company or organisation who purchases services from Boomerang Holdings Ltd
for themselves and/or other participants to undertake activities at the trampoline park;

1.8 “intellectual property rights” means any patent, trademark, service mark, registered design, copyright, design right, right to extract or exploit information from a database, database rights, know-how, confidential information or process, any application for any of the above, and any other intellectual property right recognised in any part of the world whether or not presently existing or applied for;

1.9 “participant” means any person entering the trampoline park undertaking activities;

1.10 “services” means the provision of trampoline equipment and other facilities for the customer to undertake the activities;

1.11 “trampoline park” shall mean the facility provided by Boomerang Holdings Ltd Where the services are undertaken;

1.12 “waiver” means the acknowledgement of risk waiver form to be completed by the customer prior to undertaking activities.

2 GENERAL

2.1 This agreement incorporating these booking terms and conditions shall apply to the booking of any activity at Boomerang Holdings Ltd Activity Centre’s.

2.2 The customer acknowledges theses booking terms and conditions contain important information regarding participation in any activity by the customer, any participant within their party and shall ensure that all members of their party are aware of and agree to be bound by this agreement.

2.3 No variation to these booking terms and conditions shall be binding unless agreed in writing by Boomerang Holdings Ltd

2.4 Boomerang Holdings Ltd Reserves the right to make changes to the services and/or any activities that may be available for any reason.

2.5 for safety reasons, all participants undertaking activities must be five (5) years of age or over and a waiver must be completed prior to undertaking any activity. Boomerang Holdings Ltd offers Family Bounce sessions for children under the age of five (5). During the Family Bounce session, there must be no more than two under 5’s per accompanying adult.

2.6 Any participant using the trampoline park facilities who is under eighteen (18) years of age must have a waiver completed by a parent or guardian responsible for their care. Should the parent or guardian completing the waiver not be the direct parent or guardian of the a participant, the person completing & signing the waiver declares they have the authority from the participant’s parent or guardian to sign the acknowledgement of risk waiver and Boomerang Holdings Ltd shall rely on such written declaration as if this had been made by the direct parent or guardian of the participant.

2.7 Willful damage must not be caused to the facilities, fixtures or fittings by any participant. If damage is caused by the customer or any participant attending under their booking confirmation, the customer hereby accepts they shall be liable to pay for such damage (including accidental) caused by such participant.

2.8 Boomerang Holdings Ltd does not accept any responsibility for the loss, theft or damage to property or belongings of the customer or any participant whilst attending the Activity Centre. Money or valuables should not therefore be left unattended. Valuables can be deposited in on site locker facilities. It is the responsibility of the customer to ensure their locker is left secure.

3 PRICE AND PAYMENT

3.1 All online bookings must be paid for at the time of booking at the rates and prices advertised by Boomerang Holdings Ltd. The customer can book via telephone without upfront payment, however spaces will not be reserved until payment is received.

3.2 For group bookings of fifteen (15) or more, the customer will be required to pay a deposit of £50 to secure the booking.

3.3 For all online bookings, Boomerang Holdings Ltd Shall send a booking confirmation detailing all activities booked by the customer and the date and time reserved for such activities. Bookings made over the phone will not receive booking confirmation, unless requested by the customer.

3.4 Should any error or omission be included within the booking confirmation, the customer shall notify Boomerang Holdings Ltd upon receipt.

3.5 Boomerang Holdings Ltd reserves the right to amend any advertised price or offer at any time. As much notice as possible will be given by Boomerang Holdings Ltd should any fluctuation in price occur.

4 OBLIGATIONS OF THE PARTIES

4.1 It is the responsibility of the customer and all participants to ensure they arrive at the Activity Centre 15 minutes before the commencement of any activity at the date and time stated on the booking confirmation. This is to ensure there is sufficient time to allow for check-in and safety briefings. Boomerang Holdings Ltd reserves the right to refuse admission for any late arrival and Boomerang Holdings Ltd shall not be obliged to offer any refund, rebooking or compensation in such circumstances.

4.2 Participation in an activity is not without risk and serious misuse could be fatal. All participants shall attend and pay strict attention to the safety briefing prior to undertaking their activity.

4.3 It is not the responsibility of Boomerang Holdings Ltd or the court monitor to supervise any participant. Any participant under the age of twelve (12) must be supervised by a responsible adult at all times, although such responsible adult need not necessarily be a participant in an activity. For the avoidance of any doubt, responsibility for the behaviour and actions of any participant for whom a waiver has been signed by their parent or guardian (or responsible other pursuant to cl. 2.6) remains with the person who has signed the waiver on the participant’s behalf.

4.4 The customer and all participants acknowledge that participation in an activity is physically demanding and they should not undertake the activity if they are not physically able to do so. All participants must therefore be reasonably fit and healthy, and are subject to weight (21st) restrictions for each activity as stated at the time of booking. Boomerang Holdings Ltd also recommends that any person that is or may be pregnant should not participate in any activity.

4.5 Participants must be dressed appropriately and, for safety reasons, Boomerang Holdings Ltd reserves the right to refuse participation in any activity for any participant who is not appropriately dressed. Boomerang Holdings Ltd requires all participants undertaking activities to wear Boomerang Holdings Ltd jump socks.

4.6 Boomerang Holdings Ltd shall use its reasonable endeavours to ensure that any activity booked by the customer commences at the time booked. Time for delivery shall not be of the essence of the agreement and Boomerang Holdings Ltd shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the services.

4.7 Boomerang Holdings Ltd shall be entitled to prevent any participant from undertaking or completing an activity whom, in their opinion, is acting in an unsafe or dangerous manner and/or could cause harm to themselves, others or equipment within the trampoline park. This includes a participant who does not comply with the safety rules, the advice of the court monitor, the safety system or anyone who is deemed to be under the influence of alcohol or drugs.

4.8 Boomerang Holdings Ltd shall not be liable for any refund or compensation of any kind in the event that any participant is not permitted to, or decides not to, undertake or complete an activity.

5 CANCELLATIONS

5.1 The customer shall be entitled to cancel a booking subject to Boomerang Holdings Ltd receiving such request for cancellation at least forty eight (48) hours prior to the date and time stated within the booking confirmation. Boomerang Holdings Ltd will allow the customer to re-schedule a cancelled booking, however should a booking be cancelled within forty eight (48) hours of a confirmed booking then no refund shall be given. For the avoidance of doubt, should Boomerang Holdings Ltd at its discretion choose to allow a customer to re-schedule without charge, any subsequent cancellation by the customer in respect of the new booking date shall result in no refund or alternate booking date being provided, regardless of the amount of notice provided for such subsequent cancellation. This excludes all party bookings, for party booking cancellations see
Boomerang Holdings Ltd
Terms and Conditions 6.1.

5.2 Boomerang Holdings Ltd shall be entitled to cancel a booking at any time. In the event Boomerang Holdings Ltd Decides to cancel the customer‘s booking, it shall use its reasonable endeavours to notify the customer as soon as possible and the customer shall be entitled to a full refund limited to the sums paid in relation to the booking being cancelled, and no other compensation shall be payable.

6 PARTY BOOKINGS

6.1 A minimum of 6 guests must be paid for in full at the time of any party booking. Boomerang Holdings Ltd will not refund any cancelled parties, but will consider date amendments, provided that seven (7) days’ notice is given prior to the party date within the booking confirmation. Should a party be cancelled within seven (7) days of a confirmed party booking then no refund shall be given. Boomerang Holdings Ltd may, subject to availability and at their sole discretion, offer an alternate booking date.

6.2 A party area shall be reserved for a thirty (30) minute slot after the chosen hour of Activity time. The room must be vacated promptly after this time to set up for the next party. We always ask that the parent or guardian of the party child stay on site and are responsible for the behaviour of all children. Any behaviour deemed by Boomerang Holdings Ltd to be unacceptable will be explained to the parent/guardian and may necessitate the party to end prematurely. Should any member of the party group have any dietary requirements, Boomerang Holdings Ltd shall endeavour to cater to these needs and request the customer to advise of such requests no later than seven (7) days prior to the party date. Additional guests can be added to a booking at any time, however additional guests are subject to availability at the time of the request, which may mean Boomerang Holdings Ltd cannot action your request.

6.3 Birthday cake, candles and eating cutlery will not be supplied as part of the package, however Boomerang Holdings Ltd will supply a knife to cut any cake supplied by the customer. Any decorations the customer wishes to supply for the party is subject to the approval of the Boomerang Holdings Ltd Duty Manager at the time. Boomerang Holdings Ltd shall not under any circumstance allow decorations to be stuck to the walls or allow helium balloons in the park.

6.4 One (1) large pizza* shall be included for every 3 party guests. (For example; 3 large pizza’s for 9 guests). Extra pizzas can be added to the customer’s order at time of booking for an additional charge. If the customer requires additional pizzas after a booking is made, please notify Boomerang Holdings Ltd as soon as possible. All food orders must be made via Boomerang Holdings Ltd and exclude any other organisations offers

6.5 The customer‘s party is required to arrive at the trampoline park twenty (20) minutes before the scheduled start time of the party. Upon arrival the customer must check in with a party host who will then explain the process of the booking. Right of admission can be refused at any time if the Duty Manager sees fit.

6.6 Should the customer arrive late, they shall not automatically be granted the full hour on the trampolines or activity and shall be subject to availability and at the Duty Manager’s discretion.

6.7 The customer is to leave the party room in a satisfactory condition, any breakages or the cleaning of excessive mess will be charged to the customer.

7 REFUNDS AND AMENDMENTS

7.1 Refunds in accordance with these booking terms and conditions can only be made to the person who originally made the booking. Photographic Identification may be required.

8 PHOTOGRAPHY AND RECORDING

8.1 Boomerang Holdings Ltd has procedures in place to ensure the safety and well-being of all its customers whilst using the Activity Centre. Although Boomerang Holdings Ltd gives permission for photographic and recording equipment such as videos, cameras, pda’s and mobile phones to be used at the Activity Centre, Boomerang Holdings Ltd requires that such use is restricted to photographs or recording of only the customer or people in that customer’s party.

8.2 Photographic and recording equipment are only to be used whilst in a stationary position, except for devices that are firmly secured/mounted to the customer chest only.

8.3 Photographic and recording equipment such as videos, cameras, pda’s and mobile phones are forbidden to be used under any circumstances in the toilet areas or any other area that Boomerang Holdings Ltd Duty Manager may decide upon at their discretion. Boomerang Holdings Ltd reserves the right to refuse permission or to withdraw permission of anyone using any photographic or recording equipment should Boomerang Holdings Ltd management feel that the safety and well-being of its customers has been or would be comprised. Anyone found to be taking photographs or using recording equipment which is considered by Boomerang Holdings Ltd to be intrusive or inappropriate will be asked to leave the premises and may be reported to the police.

8.4 Boomerang Holdings Ltd requests that its customers remain vigilant whilst using the Activity Centre and report any suspicions they might have regarding the use of photographic equipment to a member of Boomerang Holdings Ltd staff.

8.5 The participant, or parent or legal guardian where relevant, acknowledges and accepts that CCTV images will be monitored and recorded throughout the premises for the purposes of crime prevention, public safety and staff training. Such images will be the exclusive property of Boomerang Holdings Ltd and agrees to the free publication and/or use in any form or media whatsoever of such images and videos without payment or compensation of any kind. If you have concerns regarding photography then please speak to a member of staff/Manager.

9 LOST PROPERTY POLICY

9.1 All property coming into the possession of Boomerang Holdings Ltd will be dealt with responsibly with due respect for owners’ rights and title. Property classified as found will, where possible, be reunited with its owner. Where the owner cannot be traced, Boomerang Holdings Ltd will dispose of it in accordance with this these guidelines. Boomerang Holdings Ltd will not deprive others of their possessions, except in accordance with the law.

9.2 A customer is expected to report any lost property be it valuable or otherwise to Boomerang Holdings Ltd within a reasonable period of time from the date the item/s were lost. Boomerang Holdings Ltd will then exhaust all reasonable avenues in an attempt to locate the item/s and will contact the customer with its findings.

9.3 Found property at the Activity Centre will be retained by Boomerang Holdings Ltd for the maximum duration of 30 days, except when the items found are, or include: electrical items (e.g. mobile phones, cameras), jewellery, wallets, bank cards, confidential documents, keys or any forms of identification. Any items that fall under these categories will be retained from the date found at the trampoline park for a further 60 days after the standard 30 days. If any found property is not claimed by the owner within the allotted times as stated, and is not suitable for repatriation with the finder, it will be recycled or destroyed where appropriate.

10 INTELLECTUAL PROPERTY RIGHTS

10.1 Any intellectual property rights created as a result of its services shall belong to Boomerang Holdings Ltd unless provision has been made to the contrary in the agreement

10.2 The customer and Boomerang Holdings Ltd shall not infringe the intellectual property rights of any third party during the term of this agreement.

11 LIMITATION OF LIABILITY

11.1 Boomerang Holdings Ltd shall not be responsible for the loss, or damage, of or to any property or to any person arising from the booking of, or participation in the activities.

11.2 Parking facilities at Boomerang Holdings Ltd are available but any vehicles and their contents are left at the owners’ risk.

11.3 Nothing in these booking terms and conditions shall exclude or limit the liability of Boomerang Holdings Ltd for death or personal injury, however Boomerang Holdings Ltd shall not be liable for any direct loss or damage suffered by the customer or any participant howsoever caused, as a result of any customer negligence, breach of contract or otherwise in excess of the sum insured under the insurance policy held by Boomerang Holdings Ltd in the insurance year in which the claimant’s claim is first notified.

11.4 Boomerang Holdings Ltd shall not be liable under any circumstances to the customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the party howsoever caused, as a result of any customer negligence, breach of contract, misrepresentation or otherwise.

12 INDEMNITY

12.1 The customer shall indemnify Boomerang Holdings Ltd. against all claims, costs and expenses which Boomerang Holdings Ltd. may incur and which arise directly or indirectly from the customer’s breach of any of its obligations under these booking terms and conditions.

13 TERMINATION

13.1 This agreement shall continue until the services have been provided as described in the booking confirmation or until terminated by either party in accordance with these booking terms and conditions.

13.2 Boomerang Holdings Ltd may terminate the agreement immediately if the customer has failed to make any payment due, or if the customer commits a material breach of these booking terms and conditions.

13.3 Either party may terminate this agreement during the period of this agreement if the other party: (I) shall become insolvent within the meaning of the insolvency act 1986, (ii) has appointed a receiver, (iii) has been subject to a winding up petition, (iv) enters into any arrangement or composition with its creditors, (v) passes a resolution to cease trading or actually ceases trading, or (vi) subject to being an unincorporated body, is dissolved or declared bankrupt.

14 FORCE MAJEURE

14.1 Boomerang Holdings Ltd shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to adverse weather, strikes, lock outs, government forced closures accidents, war, fire, breakdown of plant or equipment or shortage or unavailability of raw materials from a natural source of supply, and Boomerang Holdings Ltd shall be entitled to a reasonable extension of its obligations.

15 THIRD PARTY RIGHTS

15.1 Nothing in these booking terms and conditions intend to or confer any rights on a third party and the contracts (rights of third parties) act 1999 is excluded.

16 ASSIGNMENT

16.1 The customer shall not be entitled to assign its rights or obligations or delegate its duties under this agreement without the prior written consent of Boomerang Holdings Ltd.

17 SEVERANCE

17.1 If any term or provision of these booking terms and conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these booking terms and conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

18 GOVERNING LAW

18.1 These booking terms and conditions shall be governed by and construed in accordance with the law of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English and Welsh courts.

20 SPECIAL EDUCATIONAL NEEDS OR DISABLILITY (SEND)

20.1 Boomerang Holdings Ltd offers exclusive SEND sessions, specifically for those that have any Special Educational Needs or Disabilities. However, those with SEND are welcome to any Open Bounce sessions. The following conditions are in place to prevent any injury or distress.

20.2 A medical questionnaire is to be completed for each participant before their first session. If Boomerang Holdings Ltd deems it necessary they have the right to request a Doctor’s note.

20.3 If a participant with SEND requires a carer, the carer will take full responsibility of the actions and behaviours of the participant with SEND. It will be the carer’s responsibility to listen and watch the safety briefing and interpret the instructions to the participant with SEND.

20.4 If for any reason a participant with SEND is causing a risk of injury to themselves or others, Boomerang Holdings Ltd has the right to cease their session