TERMS & CONDITIONS
Our customers are our number one priority, we have taken measures to ensure that we become market leaders when it comes to safety in our venues.
Anyone under the age of 16 will need to have it signed by an authorised adult/parent/guardian aged 16 or above.
a. These Booking Terms and Conditions apply to the booking of the Yard Ball Experience (the ‘Activities”) and any ancillary products at the location set out in Yard Ball’s booking confirmation.
b. These Booking Terms and Conditions contain important information concerning participation by you and members of your party and, accordingly, you acknowledge and agree that you shall ensure that all members of your party are aware of and accept these Booking Terms and Conditions.
c. No variation to these Booking Terms and Conditions shall be binding unless agreed in writing by Yard Ball.
d. Any typographical clerical or other error or omission in any booking confirmation or other documentation issued by Yard Ball (including any electronic documentation) shall be subject to correction without any liability on the part of Yard Ball. Yard Ball reserves the right to make changes to the Activities whether to conform with any applicable safety or other statutory requirements or otherwise.
2. SECURE PAYMENT
Yard Ball currently offers one way to pay for your order via Adyen. These payment options use advanced SSL encryption to keep your transaction secure and it does not cost you anything to use (Yard Ball is charged as the seller, you are not charged as the buyer) so you will not pay any extra for your order. You do not need to hold an account with these Merchants to use these methods of payment. Please refer to Adyen for full terms and conditions of use.
3. PRIVACY AND PROTECTION OF PERSONAL DATA
The details you give us are essential for the processing and delivery of your orders, for billing and for the establishment of warranty contracts, therefore failure to provide these details will result in the cancellation of your order. By registering on the Site, you agree to provide us with sincere and true information as it concerns you. Communicating false information is contrary to the present general Terms and Conditions.
You have the permanent right to access and rectify all the information that concerns you, in accordance with European texts and national laws in place (article 34 of the law of 6 January 1978). You can at any time make a request to Yard Ball to find out what personal information we hold concerning you. You may at any time, and by request, modify this information.
Cookies record certain information stored on your hard drive. This information enables us to generate statistics based on data from visitors to our site and suggest products that might interest you according to the items that you selected when you previously visited the site. Cookies do not contain any confidential information about you.
4. BOOKING CONFIRMATION
a. No booking shall be deemed to have been accepted unless accepted in writing by Yard Ball (which shall include Yard Ball email confirmation of booking).
b. These Booking Terms and Conditions incorporate Yard Ball Privacy Policy and Disclaimer.
c. You must advise Yard Ball as soon as possible of any mistake in Yard Ball booking confirmation. Yard Ball shall use its reasonable endeavours to ensure that you and your party’s participation commences at the time booked and it shall be the responsibility of each participant to ensure that they arrive in sufficient time. Late arrivals may not be permitted to undertake the Activities and no refunds or compensation will be payable in such circumstances.
5. PRICE AND PAYMENT
a. Subject to any terms agreed in writing between Yard Ball and you, our charges shall be calculated at our current rates and payment in full shall be due at the time of booking. The charges include the cost of purchasing the products. Payment may be online made by debit or credit card.
6. CANCELLATIONS
a. You shall be entitled to cancel your booking subject to Yard Ball receiving your request for cancellation at least 5 days before the booked start time. Any requests for cancellation must be made by telephoning the reception line: 0114 321 3588. You shall be entitled to a full refund in the event of cancellation under this clause. If you need to cancel within 5 days of your booking, we are unable to process a refund but happy to re-arrange your existing booking to a later date/time convenient for you.
b. Party bookings cannot be deferred or changed within five days of your party date/time.
c. Yard Ball shall be entitled to cancel your booking at any time. In the event that Yard Ball decides to cancel your booking, it shall use its reasonable endeavours to notify you as soon as possible. You shall be entitled to a full refund in the event of cancellation under this clause, but no other compensation shall be payable.
d. In the event that it proves necessary to close the Activities for reasons beyond the control of Yard Ball 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, Yard Ball may, but shall not be obliged to, offer alternative dates or times at reduced rates.
7. REFUNDS AND AMENDMENTS
a. Payments made by debit or credit card will be refunded to the same card or, if the card has subsequently expired, by cheque. Payments made by Gift Voucher will be refunded by the issuing of a replacement Gift Voucher to the same value.
b. Where multiple forms of payment are used, Yard Ball reserves the right to refund any monies due on a refund or amendment by credit or cheque.
c. Any amendments to a party booking must be made five days prior to the date of the booking – subject to availability.
For customers enquiring about refunds and or requesting cancellations.
Our refund policy is 5 days’ notice period before booking date. If you wish to cancel your booking less than 5 days before your booking date, we cannot issue a refund, but we will keep your booking on hold to be rearranged for a future date – subject to availability. There is no expiration for bookings kept on hold, to ensure everyone can return to have an enjoyable experience when they feel comfortable/able to do so.
8. SAFETY
a. Participants must watch the safety briefing video and have completed a risk acknowledgment form to use the Challenges.
b. In order to use the Challenge areas, participants will be required to certify that they do not suffer from any medical condition which would make it more likely that they would be involved in any incident which could result in injury to themselves or others.
c. Participants must only take part if they are in good physical condition, they should NOT take part if they have any pre-existing medical conditions including breathing; heart; back; neck; bone or muscle conditions, or if they are pregnant.
d. Consent for emergency treatment. I consent to first aid being administered by a Yard Ball team member who is the holder of a current first aid certificate.
e. Participants must be over 6 years of age to enter and use the challenge areas and must always be accompanied by a paying adult.
f. All participants are required to wear suitable footwear (no football boots, blades, or shoes) on the Challenge and Kerby areas.
g. The Challenges provided can be great fun, but they can also be dangerous and there is a risk of injury if care is not taken when using the challenge areas. The specific risks vary from one Challenge to another, but the risks range from 1) minor injuries such as scratches, friction burns, cuts, abrasions, bruises and sprains 2) major injuries such as, collisions, twists, sprains, strains, joints, ligaments, muscles and tendons injuries,
dislocation, fractures, broken bones, and knee or back injuries.
h. The Challenges always require awareness of the environment and caution, when taking part.
i. It is the participants responsibility to read, understand and follow the Yard Ball rules on display, these are accessible in several areas and formats including the risk acknowledgment form, safety briefing video and signage in the foyer, entrance to the venue and, participants are agreeing to use them in line with these rules. Failure to follow these rules can endanger other participants and possibly lead to injury.
j. Participants are responsible for their own safety. Parents or guardians are also responsible for the safety of children that are in their care by using the Challenge areas, participants acknowledge and agree to this.
k. Yard Ball do not provide direct supervision or assess individual skill levels, abilities, competency, or suitability to use the Challenge areas. This is the responsibility of the participant and/or the parent/guardian.
l. Use of any of the Challenges is entirely at the participant’s risk.
m. Children under the age of 14 years must be accompanied by a parent or guardian in all areas of the premises. Children aged 14+ can participate without an accompanying adult, however an adult must be on the premises. Yard Ball do not provide supervision of children and do not assess any participant’s skill levels, abilities, competency or suitability for use of the Challenges.
parent/guardian must:
n. Please understand that Yard Ball do not provide direct supervision of children in the premises. This is the responsibility of the parent/guardian. Marshals are provided for the purpose of monitoring the activities only.
ii. Always Remain in the premises.
iii. Observe their child/children to ensure they can use the Challenges safely.
iiii. Explain the rules of play to the children and monitor their behaviour accordingly.
iiiii. Know where their child/children is/are and ensure the child/children know where they are at all times.
o. Participants must be dressed appropriately, and Yard Ball reserves the right to refuse admittance to the Challenge areas to any participant who is not appropriately dressed.
p. If participants have any concerns, we advise that they visit the site at a time prior to their booking and speak to a member of the Yard Ball staff. Any participant who does not meet these requirements will not be allowed to undertake the Challenges. It is the participants responsibility to ensure that all members of their party meet these requirements.
q. No refunds or compensation will be payable by Yard Ball, in the event that any participant is not permitted to, or decides not to, undertake or complete the Challenges for the reasons set out in this clause.
9. FOREWARNING – IMPORTANT INFORMATION
DISCLAIMER
TEKKERS LEISURE LTD trading as YARD BALL
NOTICE TO USER: YOU ACKNOWLEDGE THAT YOU HAVE READ THIS DOCUMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS CONDITIONS. IF YOU ARE MAKING A PURCHASE ON BEHALF OF ANOTHER PERSON, YOU AGREE THAT YOU ARE MAKING THE PURCHASE AS THEIR AGENT.
YOU MUST BE 16 OR OVER TO AGREE TO THESE TERMS AND CONDITIONS
The activities provided can be great fun, but they can also be dangerous. There is a risk of injury when using the Challenges if care is not taken. I understand that participation is of a physical nature. The Challenges require a moderate level of fitness and can be physically demanding and require physical effort that involves, short intense bursts of anaerobic activity, flexibility for full range of motion, balance, agility, the ability to change direction and jumping and landing.
You should only attempt the Challenges if you are physically able to. All participants must have a minimum athletic ability to participate.
If you are unsure of your own levels of fitness you should seek expert medical advice prior to participating.
All participants, parents and guardians must be aware that we do not provide direct supervision of participants and do not assess participant’s skill levels, abilities, competency or the suitability to use the Challenges. You should make your own assessment whether the Challenges are suitable for your use, or for those in your care, prior to use.
Use of the challenges requires focus, and awareness of the environment around you and extreme caution must be taken at all times.
Use the Challenges at your own risk.
We do not provide training or tuition on use of the Challenges, but we do offer support and guidance. Safety rules for the use of the Challenges are displayed for your review.
We are not responsible for any reckless behaviour or attempt to do any manoeuvre beyond your skill level or limits.
The Challenges are used by multiple age groups including adults at the same time as children and are not restricted to any one age group.
If you allow children in your care to participate unaccompanied on the Challenges, please ensure you assess the suitability of the Challenges for those children in your care. You should ensure children in your care are advised accordingly.
We do not provide supervision of children. Marshals are provided for the purposes of monitoring the Challenge areas only. Children participating without parental or guardian supervision are not supervised by our staff. Children participating unaccompanied do so at your own risk.
Children under the age of 14 years must always be accompanied by a parent or guardian in all areas of the premises.
Children under the age of 16 must be accompanied by a parent or guardian staying on the premises.
At your own discretion, children over the age of 14 can participate without an accompanying adult however a lead adult, should be on the premises and we remind you that we do not provide supervision of children and do not assess any participant’s skill levels, abilities, competency or the suitability of the activities for use by participants.
I agree to always supervise non-participating children.
I declare as a condition of participation, that my child has sufficient personal fitness to be able to safely participate and that I am not aware of any illness, injury, disability or condition which may preclude my child from participating and/or cause my child injury, or loss while participating in Challenge activities.
My child will not engage in any conduct, which places other participants at risk.
Adults will not put other participants at risk.
My child will participate at my own risk, and I accept all risks associated with the activity including injury, permanent incapacitation, death, loss and damage.
Do not attempt to use any of the Challenges unless you have registered to participate & undertaken the safety briefing.
Only participate if you are in good physical condition.
Do not participate if you have any pre-existing medical conditions including breathing, heart, back, neck, bone or muscle conditions.
Do not participate if you are or may be pregnant.
Before participating loosen up with warm-up exercises and stretches.
If you get tired, please take a break, until you recover.
Remove all items from your pockets prior to participating.
All jewellery, watches, keys, keychains, coins or the alike must be removed prior to participating.
Clothing should not have any hard or sharp points (such as buckles, studs, toggles).
No phones or cameras on the activity equipment.
No food, drink, sweets or chewing gum whilst participating.
Do not leave clothing in the challenges areas.
We recommend that participants wear long sleeves and trousers on the Challenges areas activities.
Long hair should be tied back.
No participating under the influence of alcohol or illicit drugs or prescribed medication that may affect your ability to function safely.
No Smoking or Vaping is permitted in the venue.
Dangerous behaviour will not be tolerated, and you could be asked to leave.
Participants will not participate in any form of violent, threatening, abusive or discriminatory behaviour. Yard Ball has a zero tolerance on any swearing and bad behaviour.
CCTV images of all entrants will be monitored and recorded throughout the premises for the purposes of public safety and crime prevention.
I ACKNOWLEDGE THAT IF ANYONE IS HURT OR PROPERTY DAMAGED DURING MY PARTICIPATION IN THESE CHALLENGES, I MAY BE FOUND BY A COURT OF LAW TO HAVE WAIVED MY OR THE MINOR PARTICIPANT’S RIGHT TO MAINTAIN A LAWSUIT AGAINST TEKKERS LEISURE OR ANY RELEASED PARTIES ON THE BASIS OF ANY CLAIM FROM WHICH I HAVE RELEASED THEM HEREIN. I HAVE HAD SUFFICIENT OPPORTUNITY READ THIS ENTIRE DOCUMENT. I HAVE READ AND UNDERSTOOD IT, AND I AGREE TO BE BOUND BY ITS TERMS[/CHECKBOX]
10. CLOTHING
a. It shall be the responsibility of all participants to ensure that they are dressed appropriately, and Yard Ball advises participants to wear clothing appropriate for the activity and which they do not mind getting damaged. In particular, the following restrictions shall apply:
b. Participants must wear appropriate footwear
c. long hair must be tied back
d. No belts, jewellery or other sharp items of clothing that may cause damage to yourself, the equipment or other participants.
e. Yard Ball will not be responsible for any damage to or loss of clothing or other personal items of persons resulting from participation in the Challenges.
11. INTELLECTUAL OWNERSHIP
All the content on Yard Ball website (illustrations, texts, names, brand names, images and videos) is the property of Yard Ball. Any partial or total reproduction of this content, by any means and on any support, is subject to prior and express authorisation by Yard Ball. All information, content and files are protected by international law concerning intellectual ownership and copyright. Yard Ball cannot give you the right to copy, display or distribute content that you do not have the intellectual rights to. All fraudulent use of this content that violates the rights held by a third party constitutes an offence of forgery, which is severely punished under the Intellectual Property Code.
Yard Ball will not, under any circumstances, be held responsible if a user violates rights held by a third party through his activities on the site.
12. PARTY TERMS & CONDITIONS
a. You shall be entitled to cancel your booking subject to Yard Ball receiving your request for cancellation at least 5 days before the booked start time. Any requests for cancellation must be made by telephoning the reception line: 0114 321 3588. You shall be entitled to a full refund in the event of cancellation under this clause. If you need to cancel within 5 days of your booking, we are unable to process a refund but happy to re-arrange your existing booking to a later date/time convenient for you.
b. Party bookings cannot be deferred or changed within 24 hours of your party date/time.
c. Yard Ball shall be entitled to cancel your booking at any time. In the event that Yard Ball decides to cancel your booking, it shall use its reasonable endeavours to notify you as soon as possible. You shall be entitled to a full refund in the event of cancellation under this clause, but no other compensation shall be payable.
d. In the event that it proves necessary to close the Challenges for reasons beyond the control of Yard Ball and in circumstances where your party has commenced participation in the Challenges, you shall not be entitled to any refund (in part or in whole). In such circumstances, Yard Ball may, but shall not be obliged to, offer alternative dates or times at reduced rates.
e. In the circumstances that Yard Ball is required to close due to unforeseen circumstances, your party booking will be refunded, or you will have the option to rearrange your party booking to a later date.
f. Minimum of 10. Subject to availability.
g. The company requires a minimum of 5 days’ notice period to add on any other guests onto a booking, subject to availability. Any additional guests must be booked & PAID FOR IN FULL 5 days before the booking date.
h. No show guests will not be refunded for any party bookings.
PARTIES If you are signing a waiver for any children attending a party at Yard Ball, please remember to provide the party organiser with the following information, 1. Childs FULL name and 2. Date of birth, to ensure Yard Ball can correctly identify every party guest’s waiver upon arrival.
16. MISCELLANEOUS
a. If any of these terms are determined to be illegal invalid or otherwise unenforceable it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and continue to be binding and enforceable.
b. Nothing above shall confer on any third party any benefit or the right to enforce any of these Booking Terms and Conditions.
c. These Booking Terms and Conditions shall be governed by and interpreted in accordance with the laws of England and Wales and Yard Ball, and you submit to the exclusive jurisdiction of the courts of England and Wales.
For customers enquiring about refunds and or requesting cancellations due to unforeseen circumstances.
Our refund policy is 5 days’ notice period before booking date. If you wish to cancel your booking less than 5 days before your booking date, we cannot issue a refund, but we will keep your booking on hold to be rearranged for a future date – subject to availability. There is no expiration for bookings kept on hold, to ensure everyone can return to have an enjoyable experience when they feel comfortable/able to do so.
17. LIABILITIES
a. Except as otherwise provided in these Booking Terms and Conditions Yard Ball shall not be responsible for the loss, or damage, of or to any property or to any person arising from the booking of or participation in the Challenges.
b. Parking facilities are available at the site, and any vehicles are left at the owners’ risk and subject to any conditions and the payment of any fees as may be required by the provider of such facilities at the site location.
c. Except as otherwise provided in these Booking Terms and Conditions any liability of Yard Ball shall be limited to the refund of any charges paid to Yard Ball.
d. Nothing contained in these Booking Terms and Conditions is intended to nor shall limit the liability of Yard Ball in respect of death or personal injury caused by the negligence of Yard Ball or of its employees, agents or contractors.
18. FEEDBACK & COMMENTS
Any opinions left on the Website and social media platforms by customers of Yard Ball are screened and moderated by Yard Ball. If the comments infringe on the law or are inappropriate (abusive publicity, defamation, insults, out of context commentary…), Yard Ball reserves the right to refuse or modify it.
19. WAIVER AND SEVERABILITY
Any failure of Yard Ball to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Yard Ball, and governs your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
I hereby release and indemnify Yard Ball affiliates (officers, servants and agents, employees, volunteers, contractors, sponsors, participants, parents, venues and stakeholders) from all claims, costs, proceedings, liabilities and expenses arising from or in any way connected with my child's participation in Challenge areas activities.
I hereby agree to assume all the risks of participating in the Yard Ball Challenges. I realize that liability may arise from negligence or carelessness on the part of the persons or entities being released, or because of their liability without fault.
In the unlikely event of an accident, or loss or damage to any personal effects, I acknowledge that the Company will not be liable for any direct or indirect loss, damage or injury arising from or in connection with the Activities (except for death or personal injury caused by the Company’s negligence) and I waive all and any claims against the Company in this respect.
I certify that I am physically fit, for participating in the Yard Ball Challenges and I have not been advised otherwise by a qualified medical person.
Please note, typing your name in the field below this will serve as a legal signature acknowledging and agreeing with the Yard Ball Safety information as included herein.
Acknowledgement of Understanding: I acknowledge that I have read the attached Waiver of Liability, Assumption of Risk, and Indemnity Agreement and fully understand its terms and that I am participating at my own risk. I affirm that I am voluntarily participating in The Challenges and further acknowledge that I know, understand, and appreciate the inherent risks of the activities. I assume full responsibility for all injuries or damages which may occur to me as a result of the inherent risks associated with The Activities.
I understand that I must disclose any pre-existing medical or other condition that may affect the risk that either my child or any other person will suffer injury, loss or damage and waiver any claim they might have on.
I expressly assume all risks of injury or property loss ("Losses"), whether self-caused or caused by someone else, that may occur in connection with my participation in these Activities. If I am signing on behalf of my child, then I am agreeing to have my child assume the risks of Losses as stated herein.
I declare that if I am not the parent or guardian of the child/ren I have authority from the child/ren’s parent or guardian to sign this risk acknowledgement & waiver form.
I acknowledge the risk on their behalf.
