ACTIVE AGREEMENT AND LIABILITY WAIVER (“Agreement and Waiver”)

PLEASE READ THE FOLLOWING AGREEMENT AND WAIVER CAREFULLY, AS IT AFFECTS YOU FUTURE LEGAL RIGHTS. BY PROCEEDING WITH REGISTERING FOR THE EVENT, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE CAREFULLY READ THE AGREEMENT AND WAIVER AND AGREE TO THE TERMS SET FORTH BELOW.

Though you still need to read the entire document, some of the key points of this Agreement and Waiver are highlighted here:

● The activity for which you are registering Monster Jump is physically challenging and poses a risk of discomfort, illness, injury, and even death. You need to be satisfied that you are physically capable of doing the Event without risk to your health or your life. We do not conduct health or fitness checks on entrants.

● While we take care to make the Event as safe as possible, we cannot remove risks and dangers to participants and observers, and accordingly, you participate or observe at your own risk.

● Where you have registered or entered on behalf of anyone under the age of 18 or have accompanied anyone under the age of 18 to observe the Event, you also agree to the contents of this Agreement and Waiver on behalf of the person under 18.

In consideration of being permitted to register and/or participate in and/or observe the Event, on behalf of yourself and any personal representatives, assigns, heirs, executors, successors, next of kin, and persons supported by you (if relevant under the applicable laws), you understand that:

Authority to Register and/or to Act as Agent. You represent and warrant to Monster Jump by Matthews Global Limited that you have full legal authority and capacity to complete the registration for the Event, including the Agreement and Waiver, on behalf of yourself and/or, where applicable, any party for whom you are registering, including full authority to make use of the credit or debit card to which registration fees will be charged. As used in this Agreement and Waiver, (A) Monster Jump by Matthews Global Limited means and includes Monster Jump by Matthews Global Limited, its partners, licensors, and any and all subsidiaries, affiliated entities, or entities that control, are controlled by, or are under common control with Active singly or together and its and each of their officers, employees, contractors, subcontractors, and agents and each of their agents, representatives, successors, and assigns; and (B) "you" or ''your" means and includes you (as an individual) and all other Registered Parties for whom you are registering, and by virtue of agreeing to this Agreement and Waiver, for whom you are waiving certain rights.

1. 
   
   If you are registering a child under the age of 18 or an incapacitated adult, you represent and warrant that you are the parent or legal guardian of that party and have the legal authority and capacity to enter into this Agreement and Waiver on his/her behalf and by proceeding with registration for the Event, you agree that the terms of this Agreement and Waiver shall apply equally to all of the Registered Parties. To the extent permitted by law, each person agreeing to this Agreement and Waiver for him/herself and/or on behalf of another Registered Party (including, without limitation, any minor) agrees to indemnify, defend, and hold Active harmless from any liability, claim, demand, cause of action, damage, loss, or expense (including court costs and reasonable attorneys' fees) of any kind or nature (each, a "Liability" and collectively "Liabilities") in the event the Liability arises because a Registered Party is found by a court of competent jurisdiction to not be bound by the terms and conditions of this this Agreement and Waiver. In addition, if, despite this Agreement and Waiver, any of the Registered Parties makes a claim against Active, you agree, immediately upon request or demand by Active, to defend, indemnify, and hold Active harmless from all Liabilities which may be incurred as the result of such claim.
    
2. ASSUMPTION OF RISK. IN CONSIDERATION OF THE ACCEPTANCE OF YOUR REGISTRATION AND PARTICIPATION IN THE EVENT,  YOU ASSUME FULL AND COMPLETE RISK AND RESPONSIBILITY FOR ANY DISCOMFORT, ILLNESS, INJURY, OR ACCIDENT WHICH MAY OCCUR WHILE YOU ARE PREPARING FOR THE EVENT, DURING THE EVENT, WHILE YOU ARE ON THE PREMISES OF THE EVENT, OR WHILE YOU ARE TRAVELING TO OR FROM THE EVENT. YOU UNDERSTAND THAT PARTICIPATING IN THE EVENT MAY BE HAZARDOUS, AND THAT YOU SHOULD NOT ENTER AND PARTICIPATE UNLESS YOU ARE MEDICALLY ABLE AND PROPERLY TRAINED. YOU SHOULD CONSULT YOUR DOCTOR BEFORE PARTICIPATING IN THE EVENT. IT IS YOUR RESPONSIBILITY TO CHECK AND TO ENSURE THAT YOU ARE AT ALL TIMES MEDICALLY AND PHYSICALLY FIT TO PARTICIPATE IN THE ACTIVITIES RELATED TO THE EVENT. YOU ACKNOWLEDGE AND AGREE THAT THE EVENT MAY BE HELD OVER PUBLIC ROADS AND FACILITIES OPEN TO THE PUBLIC DURING THE EVENT AND UPON WHICH HAZARDS ARE TO BE EXPECTED. YOU ALSO ACKNOWLEDGE AND AGREE THAT PARTICIPATION IN THE EVENT MAY CARRY WITH IT CERTAIN INHERENT RISKS AND DANGERS THAT CANNOT BE ELIMINATED COMPLETELY RANGING FROM RISK OF MINOR DISCOMFORT TO CATASTROPHIC INJURIES INCLUDING PERMANENT DISABILITY AND DEATH. YOU ARE AWARE OF AND ASSUME ALL RISKS ASSOCIATED WITH PARTICIPATING IN THE EVENT, INCLUDING WITHOUT LIMITATION RISKS OF PERMANENT INJURY OR DEATH DUE TO FALLS, OBSTACLES, CONTACT WITH OTHER PARTICIPANTS, ACTS OR OMISSIONS OF OTHER PARTICIPANTS, EFFECT OF WEATHER, TRAFFIC AND CONDITIONS OF ANY ROAD.

 

1. Representations. You represent and warrant that you are in good physical condition, are able to safely participate in the Event, and have no medical condition that would make your participation in the Event more hazardous. You consent to medical care and transportation in order to obtain treatment in the event of injury to you and understand that this Agreement and Waiver extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury. You understand that no medical care may be available, but if it is, you assume liability for any and all medical expenses incurred as a result of your participation in the Event (where such medical expenses are not provided on a free of charge basis by any medical services organizations, clinics, or hospitals), including, but not limited to ambulance transport, hospital stays, physician, and pharmaceutical goods and services. You agree to observe and obey all posted rules and warnings, to follow any instructions or directions provided to you by Monster Jump by Matthews Global Limited or the Event organizer and to abide by any decision of any Event official relative to your ability to safely participate in or attend the Event. You understand and agree that you are expected to exhibit appropriate behavior at all times while at the Event and to obey all applicable laws while participating in or attending the Event. This includes, generally, respect for other people, equipment, facilities or property. You agree that Event officials may dismiss you, without refund, should your behavior, in the opinion of the Event organizer, endanger the safety of or negatively affect the Event. You understand and agree that you are responsible for taking care of your own personal belongings during the Event and, to the maximum extent permitted by law, neither Monster Jump by Matthews Global Limited nor the Event organizer is responsible for any personal item or property that is lost, damaged or stolen at the Event. You understand and agree that the Event organizer reserves the right to cancel the Event in the event of weather (including, but not limited to, heat, tornadoes, earthquakes, fires, storms, lightning and floods), accidents, acts of war or terrorism, military conflicts or riots, or for any reason that would affect the safety and security of Event participants and/or spectators or the feasibility of the Event to be held. In the event of such cancellation or any other cancellation for any reason, there will be no refund of your payment unless authorized and paid by the Event organizer.

 

1. RELEASE AND WAIVER OF LIABILITY. YOU HEREBY WAIVE, RELEASE, COVENANT NOT TO SUE AND FOREVER DISCHARGE Monster Jump by Matthews Global Limited AND ALL OTHER PERSONS ASSOCIATED WITH THE EVENT, FOR ALL LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES THAT YOU MAY HAVE AGAINST THEM ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR REGISTRATION AND/OR PARTICIPATION IN THE EVENT, INCLUDING WITHOUT LIMITATION ANY LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES CAUSED BY NEGLIGENCE OF THE ABOVE PARTIES (INCLUDING ANY NEGLIGENT RESCUE ATTEMPT), THE ACTION OR INACTION OF ANY OF THE ABOVE PARTIES, OR OTHERWISE. Monster Jump by Matthews Global Limited SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Monster Jump by Matthews Global Limited HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). WITHOUT LIMITING THE FOREGOING, Monster Jump by Matthews Global Limited WILL NOT BE RESPONSIBLE FOR (A) THE USE OR THE INABILITY TO USE THE Monster Jump by Matthews Global Limited SITES, PRODUCTS OR SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE Monster Jump by Matthews Global Limited SITES; (C) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY Monster Jump by Matthews Global Limited; (D) PERSONAL INJURY; (E) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (F) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE MOnster Jump by Matthews Global Limited SITES; (G) ANY OTHER MATTER RELATING TO THE Monster Jump by Matthews Global Limited SITES, OR Monster Jump by Matthews Global Limited PRODUCTS OR SERVICES; OR (H) YOUR PARTICIPATION IN THE EVENT. YOU AGREE THAT Monster Jump by Matthews Global Limited'S MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY Matthews Global FROM YOU. NOTHING IN THIS AGREEMENT AND WAIVER SHALL BE CONSTRUED AS LIMITING OR EXCLUDING Monster Jump by Matthews Global Limited’S OR THE EVENT ORGANIZER'S LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL OR UNLAWFUL TO EXCLUDE OR ATTEMPT TO EXCLUDE LIABILITY. YOUR STATUTORY RIGHTS AS A CONSUMER ARE NOT AFFECTED BY THIS AGREEMENT AND WAIVER.

 

1. INDEMNITY. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS Monster Jump by Matthews Global Limited AND ALL OTHER PERSONS ASSOCIATED WITH THE EVENT, FROM ALL LIABILITIES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) YOUR PARTICIPATION IN THE EVENT, INCLUDING WITHOUT LIMITATION ANY LIABILITY CAUSED BY NEGLIGENCE (INCLUDING ANY NEGLIGENT RESCUE ATTEMPT), THE ACTION OR INACTION OF Monster Jump by Matthews Global Limited, (B) YOUR USE OF Monster Jump by Matthews Global Limited, OR (C) ANY VIOLATION BY YOU OF ANY TERMS OF THIS AGREEMENT AND WAIVER AND/OR THE TERMS OF SERVICE   LOCATED AT 

 

1. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF Monster Jump by Matthews Global Limited'S SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Monster Jump by Matthews Global Limited MAKES NO WARRANTY THAT Monster Jump by Matthews Global Limited SITES' SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE. Monster Jump by Matthews Global Limited EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Monster Jump by Matthews Global Limited DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ON, OR PROVIDED IN CONNECTION WITH, THE Monster Jump by Matthews Global Limited SITES. Monster Jump by Matthews Global Limited IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION.

 

1. Use of Likeness. You hereby irrevocably grant Monster Jump by Matthews Global Limited and the Event organizer permission to record your voice and photograph you in conjunction with the Event. You understand and agree that the term "photograph" as used herein encompasses both still photographs and video recordings. You further grant Monster Jump by Matthews Global Limited and the Event organizer permission to use your photograph, voice, and likeness taken in conjunction with the Event, in any form, including edited versions, in or over any medium including without limitation streaming audio and/or video over the internet, broadcast, cable, satellite transmissions, and media that are unknown at this time, worldwide for any legitimate purpose including, without limitation, any commercial purpose, without compensation to you. You further waive any right of inspection of any such recordings and photographs. You understand that any such recordings and photographs recorded by Monster Jump by Matthews Global Limited and/or the Event organizer shall become the sole property of Monster Jump by Matthews Global Limited and/or the Event holder, as applicable.  

   Severability. You further expressly agree that this Agreement and Waiver is intended to be as broad and inclusive as is permitted by applicable law, and if any provision of this Agreement and Waiver is held to be unenforceable by a court of competent jurisdiction for any reason whatsoever, (A) the validity, legality, and enforceability of the remaining provisions of this Agreement and Waiver (including without limitation, all portions of any provisions containing any such unenforceable provision that are not themselves unenforceable) shall not in any way be affected or impaired thereby, and (b) to the fullest extent possible, the unenforceable provision shall be deemed modified and replaced by a provision that approximates the intent and economic effect of the unenforceable provision and the Agreement and Waiver shall be deemed amended accordingly.  

   ACCEPTANCE. BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT AND WAIVER, YOU ARE AFFIRMING THAT YOU HAVE READ THIS AGREEMENT AND WAIVER AND FULLY UNDERSTAND ITS TERMS. YOU UNDERSTAND THAT YOU AND ALL REGISTERED PARTIES ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE AGREEING TO THIS AGREEMENT AND WAIVER FREELY AND VOLUNTARILY, AND INTEND BY YOUR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. IF THE PARTICIPANT IS A MINOR OR INCAPACITATED ADULT, YOU CERTIFY THAT YOU ARE THE PARTICIPANT'S PARENT OR GUARDIAN AND AGREE TO THIS WAIVER AND RELEASE FROM LIABILITY ON BEHALF OF THE PARTICIPANT.

 

 

 

 

 

GENERAL TERMS AND CONDITIONS OF Monster Jump

Monster Jump, operated by Matthews Global Limited, is a registered UK company at 1 Fairacres, Axes Lane, Redhill, Surrey, United Kingdom, RH1 5QL, company number 14645107.

1. Definitions

1. Monster Jump: the private limited liability company under the laws of the United Kingdom, owned and operating by Matthews Global Limited.;

2. Principal: the counterparty or principal of Monster Jump;

3. Event: each activity organised by Monster Jump, or that on the terrain of Monster Jump takes place;

4. Agreement: each agreement concluded between Monster Jump and Principal to the organisation and offering of Events or leasing of goods by Monster Jump;

5. Participant: a natural person that takes part or shall take part in an Event or leases goods of Monster Jump;

6. Ticket costs: they must be paid by Principal (per Participant) with regard to (the participation in) an Event;

7. General Terms and Conditions: these General Terms and Conditions.

 

2. General

1. The General Terms and Conditions are applicable to all offers, designated offers, Agreements and services of Monster Jump insofar from the General Terms and Conditions has not been deviated by parties explicitly and in writing.

2. All offers and designated offers of Monster Jump are non-binding, unless explicitly stated otherwise. Earlier designated offers, price statements and such are deemed to have been recalled after the issue of a new designated offer, price statement and so forth.

3. General Terms and Conditions applied by Principal or to which Principal might refer in any manner are hereby explicitly rejected unless these have been accepted explicitly in writing by Monster Jump.

4. In case of contradiction between stipulations from the Agreement and the text of the General Terms and Conditions, the stipulations from the Agreement prevail.

5. Possible deviations from the General Terms and Conditions must be agreed explicitly in writing. From such deviations no rights can be derived with regard to legal relations concluded later.

6. If any stipulation of the Agreement or the General Terms and Conditions is invalid or non-binding, because of incompatibility with mandatory law, then the Agreement and/or the General Terms and Conditions remain in force for the remainder, and shall parties in good consultation replace the invalid and non-binding stipulation by another that is valid and binding, and of which the legal consequences approach those of the invalid and non-binding stipulation, also in view of the nature and tenor of the Agreement, to the extent possible.

7. If and insofar a good execution of the Agreement requires this, has Monster Jump the right to let certain activities be executed by third parties.

8. Principal is to grant at all times all reasonable cooperation in order to enable Monster Jump to comply with the Agreement in accordance with its obligations.

9. Images and specifications of the Events offered by Monster Jump are non-binding and only have the purpose to give a general impression of what Monster Jump has to offer.

10. Monster Jump reserves the right, to allocate Participants into separate groups.

 

3. General obligations Principal and Participant(s)

1. The Principal must ensure that the Participant(s) meet with the following terms and conditions: - The Participant(s) is (are) obliged to comply with all directions of Monster Jump, its employees and the third parties employed by is, and such as stated on (safety) boards on the terrain of Monster Jump and in the house rules of Monster Jump, for the furthering of a good execution of the Event and are required to behave as a good Participant and to have respect for other people and the environment, and is (are) liable for damage caused by his/her (their) improper and non-permitted behaviour, to be assessed to the standard of the behaviour of a careful Participant. - The Participant(s) must deal in a careful manner with all materials and objects of use and use these in accordance with their destination. - The Participant(s) must not have consumed alcohol prior to the Event.

2. The Participant(s) that cause(s) such hinder or bother or can cause such, for the personnel of Monster Jump or third parties, or that have consumed alcohol prior to the Event can be excluded by Monster Jump from (continuation of) the Event, without that Monster Jump shall be required to refunding of (a part) of the Ticket costs.

3. All costs deriving for Monster Jump from the hinder or excess bother from (a) Participant(s) and/or from alcohol consumption by (a) Participant(s), shall, at the discretion of Monster Jump, be for the account of the Principal or the Participant(s).

4. If for a certain part of the Event additional terms and conditions are set with regard to the Participants for participation, for instance, to have reached the age of 18 years, to have a minimum number of years the possession of a driver’s license etc., then it is the responsibility of Principal to ensure that the concerned Participants comply with these terms and conditions.

5. If directions and/or instructions of personnel of Monster Jump, or third parties involved by it, or stated on signs on the terrain of Monster Jump or in the house rules applied by Monster Jump, are not complied with, then each liability of Monster Jump will be forfeit.

6. The Principal and each Participant are obliged to show a valid ID document upon first request of Monster Jump.

7. Each Participant is deemed to have concluded before the start of the Event an adequate liability insurance for the benefit of participation in the Event.

8. Principal is towards Monster Jump jointly and severally liable for all obligations that derive from the Agreement.

9. Principal is liable for the correct completion by the/a Participant(s) of the forms provided by Monster Jump. Furthermore, Principal is liable for all damage that Monster Jump suffers as a consequence of use by Participants of attributes made available by Monster Jump. Also is Principal jointly and severally liable towards Monster Jump for any obligation that the Participant(s) towards Monster Jump has/have on the basis of participation by the Participant to the Event.

10. The person that, on behalf of or for the benefit of third parties, concludes the Agreement is, next to these third parties, jointly and severally liable for all obligations deriving from the Agreement. Furthermore, the Participants are liable for their (independent) share in the obligations deriving from the Agreement.

 

4. Conclusion of the agreement

1. An Agreement is firstly concluded on the moment that Monster Jump has received payment for a booking of an Event by Principal via the ticket order form on the website of Monster Jump. If Principal has booked in another manner than via the website, then the Agreement is firstly concluded after receipt by Monster Jump of a signed confirmation of commission or, if this is sooner, payment of the Event by Principal. This confirmation of commission is deemed to represent the Agreement correctly and completely.

2. Monster Jump is not obliged to accept changes in the Agreement. Changes in the Agreement, including extension of already commissioned activities, only bind Monster Jump if and as soon as it has confirmed this change in writing. Monster Jump is authorised to set further terms and conditions to the change(s). In case a change leads to a price change, then the price change and the administration costs (in the amount of £35) shall be brought into account to Principal by means of an additional invoice.

3. If the Agreement is concluded between Monster Jump and two or more Principals, then these Principals are each jointly and severally liable for the compliance with the obligations deriving from the Agreement.

4. The Principal can state preferences for the content of the Event. Insofar possible, Monster Jump shall try to take this into account.

 

5. Authorities Monster Jump

1. If before or during the Event it shows that certain parts of the Event are not in use, or it is, because of the crowd not possible to incorporate the concerned part in the program, then this gives the Principal no right to any refunding of the (a part of the) Ticket price.

 

6. Price and payment

 

1. The Ticket price as well as a compensation of the costs for the accident insurance must take place in full in advance. If the Event takes place before the expiry of the payment term, then the payment shall be executed immediately but take place no later than before the Event.

2. If Principal has concluded an Agreement for a certain number of Participants and during the Event it shows that there are more Participants, then it is at the discretion of Monster Jump to admit these persons to the Event or not. If Monster Jump admits (a part of) the persons, then Principal is or the concerned persons are for this liable to pay the costs for participation in the Event increased with a percentage of 35%. A possible discount that Principal has received at the conclusion of the Agreement, does not apply for these extra person(s).

3. Costs made by Principal, respectively Participant(s) during the Event, shall in principle be paid direct unless Monster Jump agrees with invoicing afterwards.

4. Notwithstanding the stipulations in article 6.1, applies for all invoices of Monster Jump a payment term of fourteen days.

5. If the not timely payment regards payment of the Event, then it is at the discretion of Monster Jump to send either a payment reminder or to assume that the Event has been cancelled by Principal. If a payment reminder is sent and hereto also not timely is complied with, then the Event is deemed to have been cancelled. Monster Jump has the right to bring the cancellation costs due for that into account to Principal. In case of cancellation, the stipulations of article 8 shall be applicable.

6. If Principal does not timely comply with his payment obligations, then he is in default by that single fact, without that thereto any summation or notification of default is required, in which case all claims on Principal are directly payable upon demand and Principal is liable to pay an interest of 1% over each month, under which is also understood a part of a month, to Monster Jump.

7. All in-court and out-of-court costs that Monster Jump makes as a consequence of the non-compliance by Principal of with his (payment) obligations, are for the account of Principal. If Principal remains negligent to pay the due amount increased with the due interest, then Monster Jump shall hand over the claim for collection. Principal or Participant is in that case required to pay at least 15%, with a minimum of £100 of the due amounts increased with the trade interest by law with regard to made collection costs.

8. If Monster Jump has not received the full Ticket price timely before taking place of the Event, then it is authorised to refuse the Participants. The Principal has no right to refunding of the already paid part of the Ticket price.

 

7. Medical essentials

1. The Principal is obliged to pass on possible related problems/special issues of one (or more) Participant(s) that can be of influence on his/her participation generously in time before the taking place of the Event, in writing to Monster Jump. Monster Jump shall make a real effort to accommodate this, unless this in reasonableness cannot be required of it.

2. Monster Jump is authorised to bring the costs made by it in connection with medical problems of one (or more) Participant(s) into account to Principal.

3. If the Principal has not (timely) passed on the medical problems of one (or more) Participants in writing to Monster Jump, then Monster Jump has the right to refuse the concerned Participant(s). In that case the Principal has no right to refunding of the Ticket costs.

4. The Participant is and remains responsible for the assessment whether he/she is to a sufficient degree healthy and/or condition-wise suitable to take part in (a concerned part of) the Event.

 

 

 

9. Force Majeure

1. If Monster Jump by Force Majeure is hindered (in part) or it is made seriously hard for it to comply with its obligations, then it is never required to compensate any damage deriving there from to Principal. Equal to Force Majeure will be regarded being encumbered to a serious degree.

2. There is an instance of Force Majeure at the side of Monster Jump in case of, but not limited to; war, danger of war, (threatening of) terrorism, civil war, riots, revolution, molest, fire, water damage, flooding, government measures, work strike, enterprise occupation, exclusion of labourers, irreplaceable employees, weather circumstances.

3. Equal to Force Majeure will be regarded all other causes that have emerged outside the fault or sphere of risk of Monster Jump.

 

10. Obligation to complain

1. If the Event does not go in accordance with the expectations of Principal, then Principal is, respectively the Participant(s) are obliged to give notification thereof immediately on the location to Monster Jump.

2. If the complaint cannot be resolved on location to satisfaction, then Principal can make this known, no later than within 14 days after the end of the Event, in writing and with motivation to Monster Jump.

 

11. Help and assistance

1. Monster Jump shall according to the circumstances provide Principal, respectively Participant(s) during an Event, insofar possible, with help and assistance.

2. The costs deriving there from are for the account of Monster Jump, solely if the shortcoming in the execution of the Agreement forming the basis for the help and assistance, can be imputed to Monster Jump in accordance with article 12.

3. If the cause with regard to the help and assistance is imputable to Principal respectively the concerned Participant(s), then Monster Jump is only obliged to the provision of help and assistance insofar that reasonably can be required of it. The costs are in that case for Principal respectively the concerned Participant(s).

 

12. Liability

1. Monster Jump is never liable for any damage suffered by Principal or the Participant(s), except for the stipulations hereafter.

2. Monster Jump is only liable for the damage emerged during or on the occasion of an imputable shortcoming in the execution of the Agreement. Except for in case of wilful intent or gross fault of Monster Jump or its direct managers, the liability of Monster Jump for damage on the side of Participant and/or Principal is limited to no more than three times the Ticket costs of the concerned Participant (in case of damage on the side of Participant) and no more than one time the total Ticket costs for the Event paid by Principal (in case of damage on the side of Principal). If several Participants to the Event have suffered damage, then the liability of Monster Jump towards those Participants jointly is in any case limited to the maximum of the total Ticket costs that Principal has paid with regard to the Event. Monster Jump is never liable for consequential damage, including among others wage costs and costs of sickness, indirect damage, incurred loss, missed profits, missed income or other enterprise of the Principal, irrespective of the manner in which this has emerged.

3. Monster Jump accepts no liability for damage for which on the side of Principal and/or a Participant a claim to compensation exists on the basis of an insurance possibly concluded or to be concluded by Principal or the concerned Participant(s).

4. Principal safeguards Monster Jump from claims of (a) Participant(s), that in connection with the execution of the Agreement has or have suffered damage except for insofar there is an instance of wilful intent or conscious recklessness of monster jump or its direct managers.

5. The exclusions and/or limitations of the liability of Monster Jump included in this article, apply also for the benefit of employees of Monster Jump, third parties involved by Monster Jump and service providers involved by it, as well as their personnel.

6. Monster Jump is never liable for theft of properties of (a) Participant(s).

7. The previous stipulations leave any liability on the basis of mandatory law, unaffected.

 

13. Rights of intellectual property

1. The photos, films or other materials or (electronic) files possible made in the framework of an Event or the Agreement by or on behalf of Monster Jump, are the property of Monster Jump, irrespective of whether these have been made available to Principal or to third parties, unless agreed otherwise. Monster Jump is authorised to use, publish and or multiply these photos, images or other materials or (electronic) files in each manner desired by it.

2. Principal safeguards Monster Jump from claims of Participants or third parties with regard to rights of intellectual property with regard to the photos, films or other materials or (electronic) files that are made or used in the execution of the Agreement by or on behalf of Monster Jump.

3. It is not permitted for Principal and Participants, except for prior written permission of the board of management of Monster Jump, to make image material (photos, films etc.) in the framework of the Event or the Agreement. Principal and/or Participants must obtain separate permission in writing for the publishing and/or multiplication of this image material. Monster Jump is at all times permitted to connect terms and conditions to these permission(s).

4. It is never permitted for Principal and Participants to make use of the intellectual property rights, including, but not limited to, copyrights, logos, word and/or image marks, that belong to Monster Jump.

 

14. Applicable law/Dispute resolution

1. The Laws of the United Kingdom are applicable to all legal relations between Monster Jump and Principal, also if the provision of services takes place outside the UK.

2. All disputes in connection with the Agreement shall be submitted to the competent UK court, unless on the basis of mandatory law another court is competent.