Total Ninja Interactive Participant Agreement & Waiver

We want every visit to Total Ninja Interactive to be fun, active and, above all, as safe as reasonably possible.

Please read this Participant Agreement carefully before you or any child in your care takes part. It explains the risks involved in our Activities, the safety rules everyone needs to follow and the responsibilities you accept when participating.

This agreement applies to your visit to the Total Ninja Interactive venue identified above and to all Activities in which you or any participant covered by this agreement takes part.

  1. IMPORTANT SAFETY & RISK NOTICE — PLEASE READ

Total Ninja Interactive is an active family entertainment environment. Our Activities involve physical movement and may include running, jumping, bouncing, balancing, climbing, navigating obstacles, using trampolines and inflatables, interactive games and challenges, and interaction with equipment, structures or other participants.

Like all physical and recreational activities, taking part involves risks.

These include slips, trips, falls, collisions with other participants, equipment or structures, loss of balance and incorrect landings. Injuries may include cuts, bumps, bruises, strains, sprains, fractures and concussion.

While most injuries are minor, physical activities of this nature can, in rare circumstances, result in serious injury, permanent disability or death.

Not every risk can be removed without changing the nature and enjoyment of the Activities. Total Ninja Interactive takes reasonable steps to manage safety, but participation cannot be made completely risk-free.

By choosing to participate, or allowing a child in your care to participate, you acknowledge and voluntarily accept the risks that are reasonably associated with the Activities.

  1. ACTIVITIES COVERED BY THIS AGREEMENT

This agreement applies to all recreational, physical and entertainment activities, attractions, equipment and experiences made available at Total Ninja Interactive venues from time to time (collectively referred to as the “Activities”).

The Activities may involve different types and levels of physical movement, exertion, speed, height, balance, coordination and interaction with equipment, structures or other participants.

For clarity, “Activities” refers to Total Ninja Interactive’s recreational and entertainment activities and does not include the ordinary use of our café, restaurant, seating or spectator areas.

Not every Activity is suitable or available for every participant. Individual Activities may have specific age, height, weight, footwear, clothing, health or other safety requirements. These requirements form part of our safety rules and must be followed even where a Participant Agreement has been completed.

Total Ninja Interactive may refuse or stop participation in any Activity where these requirements are not met or where we reasonably believe that participation or continued participation may create a safety risk.

  1. YOUR SAFETY RESPONSIBILITIES

Everyone has a part to play in keeping Total Ninja Interactive safe and fun.

Before participating, all participants must watch and pay attention to the Ninja Code and safety briefing displayed on the screens in the locker area.

Each Activity may also have its own safety rules, instructions, restrictions and warnings displayed on signage at or near the Activity. Participants are responsible for reading, observing and following these rules before using the Activity.

Participants must:

  • watch and follow the Ninja Code and safety briefing before participating;
  • read and follow the safety rules, instructions and signage displayed at each Activity;
  • follow all reasonable safety instructions given by Total Ninja Interactive team members;
  • use Activities and equipment only in the way they are intended to be used;
  • attempt Activities that are appropriate to their own ability, fitness and confidence;
  • comply with all applicable age, height, weight, footwear, clothing and equipment requirements;
  • wear any required footwear, clothing or protective equipment where specified;
  • comply with any Activity-specific footwear requirements;
  • behave responsibly and with reasonable consideration for other guests;
  • stop participating and tell a Total Ninja Interactive team member if they feel unwell, become injured or believe that an Activity may be unsafe; and
  • never participate while under the influence of alcohol, recreational drugs or any substance that may impair judgement, balance or physical ability.

Participants must not deliberately misuse equipment, ignore safety instructions or behave in a way that could reasonably place themselves or another person at risk.

If a participant does not understand a safety instruction, restriction or rule, they must ask a Total Ninja Interactive team member for assistance before using the Activity.

Total Ninja Interactive may refuse or stop participation where a participant does not follow the safety rules or where we reasonably believe that their behaviour, condition or use of an Activity creates a safety risk.

  1. HEALTH & FITNESS

Participation in Total Ninja Interactive Activities may involve varying levels of physical movement, exertion, mobility, balance, coordination and reaction.

You are responsible for considering whether you, or any minor participant for whom you are responsible, are able to participate safely.

You should not participate in an Activity if you have an injury, medical condition or other health concern that may make participation unsafe or may be aggravated by the Activity.

Participants must tell a Total Ninja Interactive team member about any condition or limitation that may reasonably affect their ability to participate safely where assistance or an adjustment may be required.

  1. PERSONAL ITEMS, CLOTHING & JEWELLERY

Participants are responsible for wearing suitable clothing and footwear for the Activities they intend to use.

Loose items, jewellery, watches, accessories, false nails or other items may create an additional risk of injury or damage while participating. Please remove or secure these items where reasonably possible and follow any instructions given by our team.

Personal belongings remain the responsibility of the guest while participating in Activities or using any other part of the venue, including the café, restaurant, spectator and seating areas. Please use any lockers or storage facilities provided where appropriate.

  1. CAFÉ & RESTAURANT

Total Ninja Interactive venues may include an onsite café, restaurant or other food and beverage facilities for guests and spectators.

If you or anyone in your care has a food allergy, intolerance or specific dietary requirement, please tell a Total Ninja Interactive team member before ordering or consuming any food or drink.

While we take reasonable care in the preparation and handling of food, our kitchens and food preparation areas may handle a range of ingredients and allergens. We therefore cannot guarantee that any food or drink will be completely free from traces of allergens unless expressly confirmed otherwise.

Children must be appropriately supervised in café and restaurant areas, particularly around hot food, hot drinks, glassware and service areas.

Guests must follow any reasonable safety, hygiene or service instructions given by Total Ninja Interactive team members while using these facilities.

  1. CHILDREN & GUARDIANS

An adult completing this agreement on behalf of a minor confirms that they are the minor’s parent or legal guardian, or have the necessary authority to accept this agreement on the minor’s behalf.

The adult must ensure that the minor understands the safety rules and follows instructions appropriate to their age and ability.

Children under 12 must have a responsible adult present at the venue at all times. The responsible adult may remain in the café, restaurant, spectator or other designated areas while the child participates, unless a particular Activity or programme requires closer adult supervision.

Participants aged 12 years and older may attend without a parent or guardian, provided that a valid Participant Agreement has been completed by an authorised adult and all applicable venue and Activity rules are followed.

Signing this agreement does not override the minimum age, height, weight or other safety requirements applicable to individual Activities.

  1. ACCEPTING THE RISKS OF PARTICIPATION

By participating, you acknowledge that you have been informed of the nature of the Activities and the material risks described in this agreement.

You understand that accidents and injuries may occur even where reasonable safety measures are in place and everyone follows the rules.

You voluntarily choose to participate, or permit the minor participant(s) for whom you are authorised to sign to participate, with an understanding and acceptance of the risks that are reasonably inherent in the Activities.

You also understand that failing to follow safety instructions, exceeding your abilities or deliberately misusing equipment may significantly increase the risk of injury.

  1. LIABILITY & INDEMNITY

To the fullest extent permitted by South African law, Total Ninja Interactive will not be responsible for loss, damage or injury arising from:

  • risks reasonably inherent in the Activities;
  • a participant failing to follow safety instructions, signage or the Ninja Code;
  • a participant using an Activity or equipment incorrectly;
  • a participant attempting an Activity beyond their ability;
  • a participant failing to comply with an applicable age, height, weight, health, footwear or other safety requirement;
  • the negligent, reckless or intentional conduct of a participant or another guest; or
  • loss of or damage to personal belongings, except where Total Ninja Interactive is legally responsible for that loss or damage.

Where you or a minor participant for whom you are responsible causes loss, damage or injury to another person through negligent, reckless or intentional conduct, you may be responsible for the consequences of that conduct to the extent permitted by law.

Nothing in this agreement is intended to exclude, limit or waive any right or liability that may not lawfully be excluded, limited or waived under the Consumer Protection Act 68 of 2008 or any other applicable South African law.

  1. EMERGENCIES & FIRST AID

If an accident or medical emergency occurs, Total Ninja Interactive may provide reasonable first-aid assistance and may contact emergency medical services where we consider this reasonably necessary.

Where reasonably required for an emergency, relevant personal information may be shared with medical professionals, emergency services or other persons assisting with the emergency.

Any costs charged by external medical or emergency service providers remain the responsibility of the participant or their parent or guardian, subject to applicable law.

  1. CCTV & VENUE SECURITY

CCTV may operate in and around Total Ninja Interactive venues for safety, security, incident investigation, loss prevention, operational and staff training purposes.

CCTV footage and related personal information will be handled in accordance with applicable South African data-protection laws and Total Ninja Interactive’s Privacy Policy.

  1. PHOTOGRAPHY & VIDEO AT THE VENUE

Guests are welcome to take photographs and videos of themselves, their own children and members of their own group for personal, non-commercial use, provided that doing so does not interfere with safety or the enjoyment of other guests.

Guests must not deliberately photograph or film other identifiable guests or their children without their permission. Please be particularly considerate when taking photographs or videos in shared play, Activity, café, restaurant and spectator areas where other guests may appear in the background.

Total Ninja Interactive reserves the right to ask a guest to stop taking photographs or video, or to stop using photographic or recording equipment, where we reasonably believe that this may affect the privacy, safety or enjoyment of another guest.

Commercial photography, professional filming and the use of drones require Total Ninja Interactive’s prior written approval and may be subject to additional safety and operational requirements.

Total Ninja Interactive may from time to time take photographs or video at its venues for operational, event, social media, advertising and promotional purposes.

Where you have provided the relevant consent, photographs or video in which you and/or a minor participant for whom you are authorised to provide consent are identifiable may be used by Total Ninja Interactive and brands operated by, affiliated with or forming part of the Total Ninja group of companies for marketing, advertising, social media and other promotional purposes.

  1. YOUR PERSONAL INFORMATION

Total Ninja Interactive collects and processes personal information required to manage bookings, identify participants, administer this agreement, operate its venues, manage safety and incidents, communicate important information about a booking or visit, maintain appropriate business records and comply with legal obligations.

This information may include the information you provide when completing your booking or Participant Agreement and information generated in connection with your visit.

Total Ninja Interactive will process personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA) and its Privacy Policy.

Where reasonably necessary for these purposes, personal information may be shared between companies and brands operated by, affiliated with or forming part of the Total Ninja group of companies, subject to applicable data-protection requirements.

Personal information may also be shared with service providers that assist with booking systems, venue operations, technology, payment processing, professional services or other legitimate business functions, where reasonably necessary and subject to appropriate data-protection requirements.

Personal information may also be disclosed where required by law or where reasonably necessary to protect the safety or legal rights of Total Ninja Interactive, its guests or others.

Sharing information within the Total Ninja Interactive group for operational or administrative purposes does not, by itself, constitute consent to receive marketing communications from other group brands. Where you choose to receive marketing from Total Ninja Interactive and other affiliated group brands, this consent is dealt with separately under the Marketing Communications section below.

Please refer to the Total Ninja Interactive Privacy Policy for further information about how personal information is collected, used, stored and protected, how it may be shared, and how you may exercise your rights regarding your personal information:

https://totalninjainteractive.com/za/privacy-policy/

  1. MARKETING COMMUNICATIONS

Receiving marketing communications is optional and is not a condition of visiting or participating at Total Ninja Interactive.

Where you choose to opt in, your contact details and marketing preferences may be used by Total Ninja Interactive and other brands operated by, affiliated with or forming part of the Total Ninja group of companies to send you relevant news, offers, promotions, competitions, events and other marketing communications.

Marketing communications may relate to Total Ninja Interactive as well as other entertainment, leisure, hospitality or related brands within the group.

Your personal information will be processed for these purposes in accordance with POPIA and the Total Ninja Interactive Privacy Policy and will not be shared with unrelated third parties for their own direct marketing purposes without an appropriate lawful basis.

You may withdraw your marketing consent or unsubscribe from marketing communications at any time.

Withdrawing marketing consent will not affect your ability to visit, book or participate at Total Ninja Interactive.

  1. VALIDITY OF THIS AGREEMENT

This Participant Agreement will remain valid for 24 months from the date it is accepted and will apply to visits by you and the minor participant(s) listed in this agreement during that period. The 24-month validity period determines when a new Participant Agreement is required and does not limit or shorten any right, claim, obligation or liability that may continue under applicable law.

You do not need to complete a new agreement for every visit during this period unless:

  • Total Ninja Interactive requires an updated agreement;
  • your or a participant’s relevant information has changed; or
  • a new agreement is reasonably required because of a material change to our Activities, safety requirements or terms.

The safety rules, Activity restrictions and operational requirements in place on the date of each visit will apply to that visit.

  1. GENERAL

This agreement is governed by the laws of the Republic of South Africa.

If any part of this agreement is found to be invalid or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.

Nothing in this agreement reduces any rights that a consumer has under the Consumer Protection Act, POPIA or any other applicable South African law.

By accepting this agreement, you confirm that you have had a reasonable opportunity to read and understand it and to ask a Total Ninja Interactive team member for assistance if anything is unclear.