Each individual participant (or authorized guardian, if minor) must
read and sign this release of liability prior to participating in any Game/Activity at the Recreational Centre.
In consideration of being permitted by Torq03 Sports and Adventures Private Limited (“Company”) to participate in the games/activities offered at the Torq03 arena (“Activities”) located at No, 23/24, Chinnapannahalli Marthahalli, Inside E-Zone Club, Bengaluru, Karnataka 560037 (“Recreation Centre”), I hereby waive, release and discharge any and all claims for damage for personal injury, death or property damage which I may have, or which may hereafter accrue to me, as a result of my participation in the Activities at the said Recreation Centre. This release is intended to discharge in advance the Company, its officers, employees and agents from any and all liability arising out of or connected in any way with my participation in Activities at the Recreation Centre even though that liability may arise out of negligence or carelessness on the part of those parties. It is understood that the Activities such as the ones I will be participating in will involve an element of risk and danger of accidents and knowing those risks, I hereby assume those risks. It is further agreed that this waiver, release and assumption of risk is to be binding on my heirs and assigns. I agree to indemnify and to hold harmless, the Company, its officers, employees and agents from any loss, liability, damage, cost or expense which they may incur as the result of my death or any injury or property damage that I may sustain or cause while participating in any of the Activities at the Recreation Centre.
I acknowledge that I have carefully read and understood the terms outlined in this General Disclaimer/Waiver Form (“Form”) and assume all risks associated with participating in the Activities offered at the Recreation Centre. My acceptance to this Form is obtained without any force/coercion/threat/inducement by the Company and/or its staff.
I further hereby agree and acknowledge my acceptance to the below mentioned guidelines/instructions for each of the Activities offered at the Recreation Centre. I hereby agree to indemnify and keep indemnified the Company and its directors, employees and agents (“Indemnified Parties”) against all losses, damages, claims, interests, costs, expenses, liabilities, proceedings and demands which the Company may suffer or incur or which may be made against the Indemnified Parties as a result of any acts or omissions committed by me which is in violation of the guidelines prescribed in this Form or such other instructions that may be provided by the Company’s personnel from time to time.
General Guidelines and Instructions
- You have visited the Recreation Centre voluntarily and without any coercion;
- You understand that there is an inherent risk of injury while participating in the Activities offered at the Recreation Centre. You agree to use the equipment provided at the Recreation Centre (with regard to each activity) only in a manner as instructed by the Company’s staff;
- You agree to freely assume all such risks, both known and unknown, and assume full responsibility for your participation and safety in the Activities offered at the Recreation Centre;
- You agree that you have read and have understood the rules, including all safety-related rules with regard to each Activity, and agree to fully comply with all rules and regulations during your participation in the same;
- In case of any damage to the property/equipment at the Recreation Centre due to your actions, negligence or inabilities, you hereby agree to compensate the Company accordingly for the losses incurred without any demur;
- You agree to follow any and all instructions given by the Company and its employees/staff. In the event it comes to the attention of the Company’s personnel that you are in violation of any instructions/guidelines as prescribed and such violation is causing any form of inconvenience/delay to the others, you shall be liable to pay a penalty as may be determined by the Company from time to time;
- You agree to read and understand any additional instructions that may be applicable to a Game/Activity before participating in such Game/Activity;
- You shall not be allowed to bring any food or beverages (whether alcoholic or non-alcoholic) to any of the Games;
- You acknowledge that you have read and understood the terms contained in this Form and that you will sign this release of liability voluntarily and without any inducement by the Company and/or its staff; and
You agree that the specific guidelines mentioned below are in addition to these general guidelines and you hereby agree to adhere to both the general guidelines specified in this section and the specific guidelines mentioned below for each Game/Activity that is offered at the Recreation Centre.
If any provision in this Form is held to be invalid, illegal or unenforceable under any applicable law, such invalidity, illegality or unenforceability will not affect any other provision, and such provision will be reformed and enforced to the maximum extent permitted by applicable law. This Form is the complete agreement related to the subject matter hereof and supersedes any prior understandings, agreements or representations, written or oral, which may have related to the subject matter hereof. This Form may not be waived, amended, or terminated except by obtaining the prior written consent of the Company. This Form shall be governed by the laws in India without giving effect to any choice of law or conflict of law provision.
- You shall not be under the influence of alcohol or drugs and that you will not use such substances before entering the track or while being on the track. You further acknowledge that you have no health condition and/or skills that would prohibit you in any manner from participating in this Activity;
- You agree and acknowledge that the Company and its employees/staff will have the right to stop you from taking part in this Activity if they suspect that you are under the influence of drugs or alcohol. The Company reserves the right to deny you admission to participate in this Activity at its sole discretion;
- You understand that you must be taller than 4 feet in height to use the regular adult karts to participate in this Activity. If your height is 3.5 feet or lower, you will be only allowed to use the kids kart;
- You agree and acknowledge that the instructor has taught you to use the kart and further he/she has informed you about the specific use of the kart, safety techniques/measures, and has educated you about the potential risks and consequences involved with driving, avoiding dangerous situations and rescue methods. You agree that you have paid complete attention and have understood and remember all the instructions. In the event you have any doubts, it shall be your obligation to obtain clarity on the same from the instructor;
- You understand that this Activity involves risks and that the Company and its employees/staff are in no manner responsible for any accidents, injuries and untoward incidents that may or might take place on the track due to your behaviour or driving and that the Company and its employees/staff are not liable or responsible towards the injuries or accidents that may be caused to you as a result of your actions;
- You hereby agree to not drive in a reckless manner on the track and not to dash into other karts on the track and cause accidents intentionally. Further, you agree that the decision of the Company and its employees/staff shall be final and binding, if they decide to disqualify you from driving the kart(s);
- You agree and acknowledge that the Company or any of its employees/staff can prevent you from participating in go-karting in the event the Company or its employees/staff is of the opinion that you are not medically fit to participate in this Activity;
- You will not be allowed to participate in this Activity if your attire contains any loose fitting clothes (for example: Sarees, Dupattas, Burkas, Dhotis etc.); and
- You agree to securely tuck your hair above shoulder length into the racing suit.
- You shall not be under the influence of alcohol or drugs while participating in this Activity. The Company reserves the right to deny you admission at its sole discretion;
- You agree and acknowledge that the Company and its employees/staff will have the right to prevent you from taking part in this event if they suspect that you are under the influence of drugs or alcohol;
- You agree and acknowledge that the instructor has instructed you with the rules of the Game and further has informed you about the specific use of the equipment, safety techniques/measures, and has educated you about the potential risks and consequences involved with the Game. You agree that you have understood and remember all the instructions provided by the instructor. In the event you have any doubts, it shall be your obligation to obtain clarity on the same from the instructor;
- You agree and acknowledge that the Company or any of its employees/staff can prevent you from participating in the Activity if the Company or its employees is of the opinion that you are not medically fit;
- You will not be allowed to participate in this Activity if your attire contains any loose-fitting clothes (for example: Sarees, Dupattas, Burkas, Dhotis etc.);
- You agree not to run in the laser-tag arena or act in any manner that may cause an injury or bodily harm to either yourself or to any person who is present in the laser-tag arena;
- You agree that during the Activity, you shall not tamper with any of the equipment made available for this Activity. You agree to return the equipment provided by the Company back to the employees/staff of the Company upon completion of your participation in the Activity.
- You shall not be under the influence of alcohol or drugs while participating in this Activity. The Company reserves the right to deny you admission at its sole discretion; and
- You will be required to ONLY use the footwear which shall be provided by the Company at the bowling arena. You shall not share the footwear provided to you with anyone else without the approval of the Company’s staff.
- You will be required to remove your finger rings while participating in this Activity as it may cause wounds/injury due to the finger(s) getting stuck in the bowling ball finger pockets.
- You shall not be under the influence of alcohol or drugs while participating in this Activity. The Company reserves the right to deny you admission at its sole discretion;
- You shall use only the equipment that has been provided to you by the Company at the cricket simulator arena; and
- You agree and acknowledge that the Company or any of its employees/staff can prevent you from participating in the Activity if the Company or its employees is of the opinion that you are not medically fit.