ESG LEISURE LIMITED TERMS AND CONDITIONS
These terms and conditions tell you information about us and the legal terms and conditions on which we, ESG Leisure Limited supply services to you and the participants in your booking.
We operate the website www.ultimatewarriors.co.uk. We are ESG Leisure Limited, a company registered in England and Wales under company number 11730342 with registered address UNIT 2 METZ WAY, GLOUCESTER, GL4 3DB.
We operate under the name “Ultimate Warriors”. The resulting legal contract is between you and Ultimate Warriors and is subject to these terms and conditions. In these terms and conditions, the words “the company”, “Ultimate Warriors”, “we” or “us” refers to ESG Leisure Limited.
The following expressions shall have the following meanings:
- “Activity” means indoor obstacle activities including, but not limited to swinging obstacles, balance obstacles, climbing obstacles, inflatables, racecourses, soft play, slides, walls, toddler sessions, school trips, adult-only sessions, open sessions, parties, sleepovers and events.
- “Agreement” means the contract between the company and the Customer for the provision of the Services incorporating these Booking Terms and Conditions, the Waiver, the Company Privacy Policy;
- “Booking Confirmation” shall mean written communication from the Company confirming the scheduled date and time of the Activities booked by the Customer;
- “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 the Company;
- “Company” means ESG Leisure Limited (Company Number 11730342) whose registered address is Unit 2 Metz Way, Gloucester, GL4 3DB;
- “Staff Member” shall mean an employee or representative of the Company to monitor safety at Ultimate Warriors;
- “Customer” means any person, company or organisation who purchases Services from the Company for themselves and/or other Participants to undertake Activities at Ultimate Warriors;
- “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;
- “Participant” means any person entering the obstacle arena undertaking Activities;
- “Services” means the provision of equipment and other facilities for the Customer to undertake the Activities;
- “Obstacle arena” shall mean the facility provided by the Company where the Services are undertaken;
- “Waiver” means the acknowledgement of risk waiver form to be completed by the Customer prior to undertaking Activities.
- GENERAL
1.1 This Agreement incorporating these Booking Terms and Conditions shall apply to the booking of any Activity at Ultimate Warriors.
1.2 The Customer acknowledges the these Booking Terms and Conditions contain important information regarding participation in any Activity by the Customer and 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.
1.3 No variation to these Booking Terms and Conditions shall be binding unless agreed in writing by the Company.
1.4 The Company reserves the right to make changes to the Services and/or any Activities that may be available for any reason.
1.5 All Participants undertaking Activities must adhere to the minimum and maximum age restrictions as specified for each activity.
1.6 A waiver must be completed for all participants prior to undertaking any Activity. Participants aged 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 the Company shall rely on such written declaration as if this had been made by the direct parent or guardian of the Participant.
1.7 Wilful 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.
1.8 The Company does not accept any responsibility for the loss, theft or damage to property or belongings of the Customer or any Participant whilst attending Ultimate Warriors. Money or valuables should not be left unattended. Valuables can be deposited in on site locker facilities. - PRICE AND PAYMENT
2.1 All bookings must be paid for at the time of booking at the rates and prices advertised by the Company.
2.2 The Customer is responsible for checking all details of their booking are complete and accurate before submitting their booking.
2.3 The Company shall send a Booking Confirmation detailing all Activities booked by the Customer and the date and time reserved for such Activities. Booking requests shall only be deemed accepted by the Company upon issue of such Booking Confirmation.
2.4 The Company reserves the right to amend any advertised price or offer at any time.
2.5 Gift vouchers are redeemable against sessions purchased online at ultimatewarriors.co.uk or products on-site at Ultimate Warriors. Gift vouchers cannot be refunded, transferred or exchanged for cash. Gift vouchers will expire on the date marked and if presented after expiry will be treated as void. - OBLIGATIONS OF THE PARTIES
3.1 All participants are subject to the age and weight (127kg) restrictions for each Activity as stated at the time of booking. Anyone who does not meet the requirements in respect of an Activity will be refused entry. It is the Customers responsibility to ensure all participants in their booking meet these requirements.
3.2 It is the responsibility of the Customer and all Participants to ensure they arrive at the venue 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 briefing. The Company reserves the right to refuse admission for any late arrival and the Company shall not be obliged to offer any refund, rebooking or compensation in such circumstances.
3.3 Participation in an Activity is not without risk and misuse could cause serious injury or be fatal. All Participants must watch and pay strict attention to the safety briefing video displayed in the holding area prior to undertaking Activities. It is the responsibility of Participants (or their parent/guardian) to ensure this information is viewed and understood prior to entering the Obstacle arena for every visit.
3.4 It is not the responsibility of the Company or the Staff Members to supervise any Participant. Participants under the age of five (5) must have close supervision from a participating adult to undertake any of the Activities. Any Participant under the age of sixteen (16) must be supervised by a responsible adult, such responsible adult need not necessarily be a Participant but must remain on-site.
3.5 The Customer and all Participants acknowledge that participation in an Activity is physically demanding and requires a degree of strength, agility and stamina. All Participants must therefore be reasonably fit, in good health and free of any adverse medical condition or disability. Customers with heart conditions, recent surgery, wearing any form of plaster cast or are/may be pregnant should not participate in any of the Activities.
3.6 Participants should only undertake Activities within their ability, if unsure whether a manoeuvre can be completed safely, it must not be attempted.
3.7 Participants must be dressed in clothing appropriate for physical activity and which they do not mind getting damaged. Long hair must be tied back and jewellery removed. Belts, baseball caps, sharp items of clothing or any items that may cause damage to yourself, the equipment or others must be removed. The Company will not be held responsible for any damage to or loss of clothing or other personal items resulting from participation in the Activities. Clean trainers and Ultimate Warriors Grip Socks are a requirement (please see FAQ’s section of our website for full details). For safety reasons, the Company reserves the right to refuse participation in any Activity for any Participant who is not appropriately dressed, and the Company shall not be obliged to offer any refund, rebooking or compensation in such circumstances.
3.8 The Company 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 the Company 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.
3.9 The Company 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 Obstacle arena. This includes a Participant who does not comply with the safety rules, the advice of the Staff Member, the safety system or anyone who is deemed to be under the influence of alcohol or drugs.
3.10 The Company 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. - CANCELLATIONS
4.1 The Customer shall be entitled to cancel a booking subject to the Company receiving such request in writing to info@ultimatewarriors.co.uk with the required notice before the original booking start time. Refunds are not provided to moved/transferred bookings.
4.1.1 Standard bookings including Age 0-5 sessions, Age 2-7 sessions, Age 5+ sessions, Age 16+ sessions.
More than 14 days’ notice will receive a refund to the original payment method
Between 14 days’ and 6 hours’ notice will receive a credit voucher (Valid 6 months)
Less than 6 hours’ notice will not receive any refund or transfer.
Refunds are not provided to moved/transferred bookings
4.1.2 Group bookings including Party packages, private hires, bookings with 20+ participants
More than 14 days’ notice will receive a refund to the original payment method
Between 14 days’ and 24 hours’ notice will receive a credit voucher (Valid 6 months)
Between 24 hours’ and 6 hours’ notice will receive a credit voucher for 50% of booking value (Valid 6 months)
Less than 6 hours’ notice will not receive any refund or transfer.
4.1.3 Events including Sleepovers
More than 14 days’ notice will receive a refund to the original payment method, less the £500 deposit.
Between 14 days’ and 7 days’ notice will receive a credit voucher (Valid 6 months), less the £500 deposit
Less than 7 days’ notice will not receive any refund or transfer.
4.1.4 Gift vouchers and Summer Pass purchases are non-refundable and non-transferable. Gift vouchers must be redeemed before expiry.
4.2 The Company shall be entitled to cancel a booking at any time. In the event the Company decides to cancel the Customers booking, it shall use 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. - PARTY BOOKINGS
5.1 A party room shall be reserved for a forty-five (45) minute slot after the chosen hour of obstacle arena time. The room must be vacated promptly after this time to set up for the next party. The parent or guardian of the party child must stay on site at all times and is responsible for the behaviour of all children in their booking. Any behaviour deemed by the Company 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, the Company shall endeavour to cater to these needs and request the Customer to advise of such requests no later than 7 days prior to the party date. Additional guests can be added to a booking subject to availability and maximum group numbers.
5.2 Birthday cake, candles and matches will not be supplied as part of the package, however the Company will supply a knife to cut any cake supplied by the Customer. Any cakes provided by the Customer for their party must be nut-free and consider the dietary needs of their group prior to serving. Any decorations the Customer wishes to supply for the party is subject to the approval of the Company duty manager at the time. The Company shall not under any circumstance allow decorations to be stuck to the walls.
5.3 The Customer’s party is required to arrive at the venue twenty (20) minutes before the scheduled start time of the party. Upon arrival the Customer must check in at reception who will introduce the party host and explain the process of the booking. 5.4 Late arrival, less than twenty (20) minutes before scheduled start time, may result in not receiving the full hour on the obstacle arena. Sessions are unable to be extended due to lateness. - PHOTOGRAPHY AND RECORDING
6.1 The Company has procedures in place to ensure the safety and well-being of all its Customers whilst using the Obstacle arena. Although the Company gives permission for photographic and recording equipment such as videos, cameras, and mobile phones to be used at the Obstacle arena, the Company requires that such use is restricted to photographs or recording of only the Customer or people in that Customer’s party.
6.2 Photographic and recording equipment such as videos, cameras, and mobile phones should only be used from a safe stationary position such as a walkway. Photography/videography must not be undertaken whilst engaged in any Activities, as this may cause damage to yourself, others or your devices.
6.3 Photographic and recording equipment such as videos, cameras, and mobile phones are forbidden to be used under any circumstances in the toilet areas or any other area that the Company’s Duty Manager may decide upon at their discretion. The Company reserves the right to refuse permission or to withdraw permission of anyone using any photographic or recording equipment should the Company’s 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 the Company to be intrusive or inappropriate will be asked to leave the premises and may be reported to the Police.
6.4 The Company requests that its Customers remain vigilant whilst using the Obstacle arena and report any suspicions they might have regarding the use of photographic equipment to a member of the Company’s staff. - LOST PROPERTY POLICY
7.1 All property coming into the possession of the Company 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, the Company will dispose of it in accordance with this these guidelines. The Company will not deprive others of their possessions, except in accordance with the law.
7.2 A Customer is expected to report any lost property be it valuable or otherwise to the Company within a reasonable period of time from the date the item/s were lost. The Company will then exhaust all reasonable avenues in an attempt to locate the item/s and will contact the Customer with its findings.
7.3 Found property at the Obstacle arena will be retained by the Company for the maximum duration of 30 days, except when the items found are or include: electrical items (eg 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 Obstacle arena for 90 days. After the allotted times as stated, any unclaimed property will be recycled, donated or destroyed. - INTELLECTUAL PROPERTY RIGHTS
8.1 Any Intellectual Property Rights created as a result of the Services shall belong to the Company unless provision has been made to the contrary in the Agreement
8.2 The Customer and the Company shall not infringe the Intellectual Property Rights of any third party during the term of this Agreement. - LIMITATION OF LIABILITY
9.1 The Company shall not be responsible for the loss or damage of any property or person arising from booking or participating in the Activities.
9.2 Parking facilities at Ultimate Warriors are available but any vehicles and their contents are left at the owners’ risk. Vehicles must be parked in a marked bay and are subject to the restrictions imposed by the car park owner including maximum stay. Customers must observe signage displayed, the Company is not responsible for issuing parking fines and cannot assist in appealing or cancelling fines once incurred. The car park is for customer use only and will be locked outside of opening hours.
9.3 Nothing in these Booking Terms and Conditions shall exclude or limit the liability of the Company for death or personal injury, however the Company shall not be liable for any direct loss or damage suffered by the Customer or any Participant howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the sum insured under the insurance policy held by the Company in the insurance year in which the claimant’s claim is first notified.
9.4 The Company 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 negligence, breach of contract, misrepresentation or otherwise. - INDEMNITY
10.1 The Customer shall indemnify the Company against all claims, costs and expenses which the Company may incur and which arise directly or indirectly from the Customer’s breach of any of its obligations under these Booking Terms and Conditions. - TERMINATION
11.1 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.
11.2 The Company 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. - FORCE MAJEURE
12.1 The Company 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 acts of God, strikes, lock outs, accidents, power failure, water supply issues, war, fire, breakdown of plant or equipment or shortage or unavailability of raw materials from a natural source of supply, and the Company shall be entitled to a reasonable extension of its obligations. - PROMOTIONS
13.1 Terms and conditions assigned to promotional offers are subject to change at the discretion of the Company. They are non-transferable, not for resale and not redeemable for cash. We reserve the right to revoke or cancel a promotion at any time.
