TERMS AND CONDITIONS
TOTAL NINJA HOLDINGS
1. GENERAL
These terms and conditions tell you information about us and the legal terms and conditions on which we, Total Ninja Holdings supply services to you and the participants in your booking.
We operate the website www.totalninja.co.za. We are Total Ninja Holdings, a company registered in the Republic of South Africa under company number 2021/003253/07 with registered address 46 Leeuwenhof Road, Gardens. Cape Town, 8001, South Africa.
We operate a branded network of Obstacle and Inflatable Parks across South Africa under the name “Total Ninja”. In these terms and conditions, the words “Total Ninja”, “we” or “us” refers to all registered Total Ninja venues (“Site”).
Please note that all bookings, whether made either through our website at www.totalninja.co.za, over the telephone, or at any site, are made directly with the Total Ninja entity who operates the website and the Site that you have booked at.
The resulting legal contract is between you and the relevant Total Ninja entity who operates the Site you have booked at and is subject to these terms and conditions.
Any issues arising from any bookings made by you through our website, over the telephone or at any Site are the sole liability of the Total Ninja entity who operates the Site you have booked with.
2. COPYRIGHTS & TRADEMARKS
The following is a list of copyright and trademark notices associated with brands and intellectual property found at each Site and on this website.
The names, images and logos of Total Ninja as set out on this this website, are subject to copyright, design rights and trademarks and are the exclusive property of Total Ninja Holdings. Nothing contained in these terms shall be construed as conferring by implication or otherwise any licence or right to use any trademark, patent, design right or copyright on this website.
This website contains material, which is produced by, owned by or licensed to Total Ninja. This material includes, but is not limited to, the design, layout, look, appearance, text and graphics. Reproduction is prohibited.
3. OUR CONTRACT WITH YOU
Total Ninja provides access to a number of activities, which include climbing elements, inflatable elements as well as participating in classes and parties (“Activities”).
These are the terms and conditions which apply when you book to take part in an Activity with Total Ninja.
Please ensure that you and the participants in your booking have read these terms and conditions carefully. You should also check that the details of your booking are complete and accurate before you submit your booking. If you think that you have made a mistake after you have submitted your booking, please contact the relevant Site you have booked at to discuss.
If the participant is a minor (a person under the legal age of 18), I agree that this Release of Liability and Assumption of Risk Agreement (“RELEASE”) is made on behalf of that minor participant and that all of the releases, waivers and promises herein are binding on that minor participant. I represent that I have full authority as Parent or Legal Guardian of the minor participant to bind the minor participant to these Terms and Conditions.
By submitting your booking, you agree that the supply of the Activities by the Total Ninja Site and your participation in the Activities is subject to these terms and conditions.
No booking shall be deemed to have been accepted by the Total Ninja Site unless and until the booking has been accepted in writing by the Total Ninja Site, which will include the Total Ninja Site sending you an email confirmation of the booking.
These terms and conditions also incorporate the terms of the Site Rules and Privacy Policy.
Total Ninja reserves the right to revise these terms and conditions and to make changes to the Activities from time to time in order to comply with changes in any relevant laws or regulatory requirements.
4. SAFETY
Any child under the age of 12 needs to be accompanied on the premises with an adult, carer or guardian at all times.
Participation in the Activities is not without risk as serious misuse could be fatal. You acknowledge that the Activities can be dangerous with many inherent risks and hazards. As a consequence personal injury, and sometimes fatality, can occur. You and all participants in your booking voluntarily assume and accept all such risks and waive the right to sue the Total Ninja Site for any personal injury or fatality by agreeing to the Site Rules. All participants are required to agree to the Site Rules before participating in any Activity.
All participants will be directed to the Total Ninja Code by a Total Ninja team member. This must be read prior to engaging in any Activity. We strongly advise all participants to wear Total Ninja grip gloves to increase grip and for hygiene reasons whilst taking part in any Activity in the activity area.
After being shown the Total Ninja Code, participants will not be individually supervised by a court monitor or any other Total Ninja personnel.
People with special needs cannot participate in the activities unless they are accompanied by a parent, guardian, responsible adult or appropriate carer. The parent, guardian, responsible adult or carer must remain on site for anyone under 12 years of age or anyone with special needs. One adult is permitted to supervise a maximum of ten under-12-year-olds. Total Ninja personnel will not supervise children, regardless of the child’s age, or anyone with special needs at any time. For participants under the age of 18 or participants who lack capacity, a parent, guardian, responsible adult or carer is required to understand and acknowledge the Site Rules on behalf of the participant, stating that he or she will accept responsibility for the safety of himself or herself and for supervision of any children or anyone with special needs in his or her care. Such parent, guardian, responsible adult or carer will ensure that all participants under the age of 18 or who lack capacity have read and understood the Site Rules.
The Activities are physically demanding and require a degree of strength, agility and stamina. All participants must be reasonably fit, in good health and free from any adverse medical condition. All participants are subject to the age and weight restrictions for each Activity as are stated in the Total Ninja FAQ’s (www.totalninja.co.za/FAQs) at time of booking. The weight limit for an individual (fully clothed) participant is 127kg. Participants confirm that they do not exceed this weight. If you have any concerns, we advise that you visit a Total Ninja Site at a time prior to your booking and speak to a member of the Total Ninja team. Total Ninja recommends that if you have weight related concerns you should consult your health services provider and receive medical clearance before participating in an Activity at a Total Ninja Site.
Participants are advised to use the park and the obstacles within their ability. If you are unsure as to whether you can complete a manoeuvre, you should not attempt it. If participants have medical concerns, they are advised to consult their doctor before attending. Participants will be required to certify to Total Ninja that, to the best of their knowledge, they do not suffer from any medical condition or other reason which may prevent them from participating in any of the Activities or which would make it more likely that they would be involved in an incident which could result in injury to themselves or others. For clarity, if you are pregnant, have a heart condition, or wearing any form of plaster cast, you are not allowed to participate in any of the Activities. Participants at Total Ninja are personally responsible for their own personal well-being.
Participants need to be able to see similar distances to those required to drive a car in order to be able to participate in an Activity and/or to supervise anyone in their care. Consequently, short or long-sighted participants must ensure that they wear contact lenses or prescribed glasses.
Anyone who does not meet the requirements in respect of an Activity will not be allowed to undertake that Activity. It is your responsibility to ensure that all participants in your booking meet these requirements.
Total Ninja reserves the right to refuse admittance to participants or to remove a participant from a Site should Total Ninja deem it necessary to do so. This includes a participant who does not comply with the Site Rules advice or instructions of any Total Ninja personnel or a participant whose behaviour is considered unsafe or who is thought to be under the influence of alcohol or drugs. All participants are required to act responsibly and courteously at all times and to respect other participants and Total Ninja personnel. Total Ninja shall be entitled to prevent any person from undertaking or completing the Activities in the event it deems the behaviour of any participant unsuitable.
The decision of the Manager on duty will be final.
Participants must be dressed appropriately (please see the FAQ’s section of our website at www.totalninja.co.za/FAQs for details on this.
No refunds or compensation will be payable by Total Ninja in the event that any participant is not permitted to, or decides not to, undertake or complete the Activities for any reason.
5. PRICE AND PAYMENT
Subject to any terms agreed in writing between Total Ninja and you, our charges for all activities and all ancillary products (such as Total Ninja merchandise) shall be calculated at our current rates from time to time.
All charges include VAT.
Payment shall be made in full at the time of booking and can be made by using a debit card or credit card. All payments are made directly to the Total Ninja Site who operate the venue which you have booked at.
Total Ninja reserves the right to change its prices at any time. Though any change in price will not affect any Activities which have already been booked and paid for in full at the time that the change in price becomes effective.
6. CANCELLATIONS, TRANSFERS AND REFUNDS (NORMAL BOOKINGS)
6.1 Total Ninja requires 7 days’ notice before the booked start time to provide a full refund. Any cancellations occurring with less than 7 days’ notice yet more than 24 hours’ notice will be offered a transfer to another Activity, or the same Activity but a different date and time or a credit note for the value of the booking. This requires the participant to specify an alternative Activity or date and time for their booking. With less than 24 hours’ notice all cancellations will not receive a refund or transfer.
6.2 Total Ninja shall be entitled to cancel your booking at any time. In the event that Total Ninja decides to cancel your booking it shall use its reasonable endeavours to notify you as soon as possible. In the event of cancellation under this point, you shall be entitled to transfer your booking to another date by time or to another Activity, but no other compensation or refund shall be payable by Total Ninja.
6.3 Payments made by debit or credit card will be refunded to the same card.
6.4 No refunds will be given for transactions made by gift vouchers. Bookings which were made by gift vouchers and which are cancelled pursuant to points 6.1, 6.2 and 6.5 of these terms and conditions may be transferred to another date and time.
6.5 No refunds will be given for events outside of Total Ninja’s control relating to Covid-19. Any booking affected by changes in legislation will be offered a reschedule or gift card credit.
6.6 Where multiple forms of payment are used, Total Ninja reserves the right to refund any monies due by debit or credit card.
7. CANCELLATIONS, TRANSFERS AND REFUNDS (BIRTHDAY PARTY BOOKINGS)
7.1 A 50% deposit payment is required to secure your booking. Due to high volumes of enquiries, we are unable to reserve parties without this deposit payment. The final 50% must be paid a week in advance to your booking.
7.2 Cancellations with more than 2 weeks notice before the event, will be refunded in full.
7.3 In the event of a cancellation with less than 2 weeks notice before the event, the 50% deposit payment will be forfeited.
7.4 All requests for cancellations or changes must be made via email to the venue at which the booking was made.
8. DELIVERY OF SERVICE
Subject to the terms of these terms and conditions, we shall provide the Activities to you at the Total Ninja Site that you have booked at and as set out in the booking confirmation.
Total Ninja shall use its reasonable endeavours to ensure that you and members of your booking’s participation in an Activity commences at the time booked. We require you and the participants in your booking to report to reception at the Site at least twenty minutes prior to your booking time. Late arrivals may not be permitted to undertake the Activities and no refunds or compensation will be payable in each circumstance.
Any Total Ninja grip gloves (or other merchandise) which are purchased online shall be collected from the Total Ninja Site you have booked with prior to taking part in the Activities.
9. OUR LIABILITY TO YOU
Total Ninja, employees, directors and agents are not liable to you, the participants in your booking, or your or their dependants or legal representatives for any claim for any indirect or consequential loss or damage, including without limitation personal injury or financial loss or damage, whether such liability arises in breach of contract, tort (including negligence), statute or statutory duty save that nothing is intended to nor shall limit the liability of Total Ninja in respect of death or personal injury caused by the negligence of Total Ninja or of its employees, agents or contractors or affect the statutory rights of any person dealing as a consumer.
Total Ninja will not be held responsible for the loss or damage of or to any of your or the participants in your booking’s property or personal belongings during your visit to the Site or arising from the booking of or participation in the Activities. Personal possessions are brought into the venue entirely at the owners’ risk..
Parking facilities are available at the Site and any vehicles and their contents are left at the owners’ risk and are subject to any conditions and the payment of any fees as may be required by the provider of such facilities at the Site.
Except as otherwise stated, any liability of Total Ninja shall be limited to the refund of any charges paid to Total Ninja.
To the maximum extent permitted by law, Total Ninja including their employees, directors and agents are not liable for any injury, loss or damage (including damage to property or personal belongings) directly or indirectly arising out of or in connection with the use of any arcade or other games machine owned or supplied by a third party.
10. EVENTS OUTSIDE OUR CONTROL
If an event outside of Total Ninja’s reasonable control takes place that affects the performance of Total Ninja obligations under these terms and conditions, Total Ninja will contact you as soon as reasonably possible and Total Ninja obligations under these terms and conditions shall be suspended for the duration of the event.
If an event outside of the Total Ninja’s reasonable control, which means that Total Ninja will not be able to provide the Activities in accordance with your booking, takes place before the commencement of your booking, you may cancel your booking and the Total Ninja will provide you with a full refund.
If it proves necessary to close the Site or cancel any Activities for reasons beyond the reasonable control of Total Ninja and in circumstances where your party has commenced participation in the Activities, you shall not be entitled to any refund (in part or in whole). In such circumstances the Total Ninja Site may, but shall not be obliged to, offer alternative dates or times at reduced rates.
11. HOW TO CONTACT US
If you have any questions or if you have any complaints, please contact the Total Ninja Site with whom you have booked. Contact details for all Total Ninja Sites can be found on our website at www.totalninja.co.za.
12. OTHER IMPORTANT TERMS
Total Ninja may transfer its rights and obligations under these terms and conditions to another organisation and we will always notify you in writing if this happens, but this will not affect your rights or Total Ninja obligations under these terms and conditions.
Nothing in these terms and conditions shall confer on any third party or any benefit or right to enforce any of these terms and conditions.
Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If Total Ninja fails to insist that you perform any of your obligations under these terms and conditions, or if Total Ninja does not enforce its rights against you, or if it delays in doing so, that will not mean that it has waived its rights against you and will not mean that you do not have to comply with those obligations. If Total Ninja does waive a default by you, it will only do so in writing, and that will not mean that we will automatically waive any later default by you.
These terms and conditions are governed by South African law. You agree to submit to the exclusive jurisdiction of the South African courts.
13. CLOTHING
It shall be the responsibility of all participants to ensure that they are dressed appropriately, and Total Ninja advises participants to wear clothing appropriate for the activity and which they do not mind getting damaged. In particular the following restrictions shall apply:
Long hair must be tied back
No belts, jewellery or other sharp items of clothing that may cause damage to yourself, the equipment or other participants.
The Total Ninja Site will not be responsible for any damage to or loss of clothing or other personal items resulting from participation in the Activities.
14. OFFERS
Offers can be removed at any time and cannot be used in conjunction with any other promotions.