Terms & Conditions for Activate UK

The following terms & conditions apply to any and all operations for Activate UK.

These terms and conditions tell you information about us and the legal terms and conditions on which all separate Private Limited Companies within the Activate UK network (defined as Activate UK) supply services to you.

We operate the website www.playactivate.co.uk. We are Agility UK Ventures Ltd, a company registered in England and Wales under company number 15663011 and with our registered office at 3 Sheen Road, Richmond Upon Thames, England, TW9 1AD.

We operate a network of businesses under the name “Activate UK”. In these terms and conditions, the words “Activate UK”, “we” or “us' ' refers to either Agility UK Ventures Ltd and/or any of the individual Private Limited Companies within the Activate UK network from time to time, as applicable.

Each of the individual Private Limited Companies is independently responsible for legal and regulatory compliance and the operation of their own location. The sites are supported centrally by AGB Capital Ltd, alongside our partners & consultants. Please note that all bookings, whether made either through our website, over the telephone or at any Activate UK premises, are made directly with the individual Private Limited Company who operates the location that you have booked at. The resulting legal contract is between you and the relevant Private Limited Company which operates the location you have booked at and is subject to these terms and conditions.

Agility UK Ventures Ltd does not accept bookings and no contract will exist between you and Agility UK Ventures Ltd.

Any issues arising from any bookings made by you either through our website, over the telephone or at any Activate UK premises are the sole liability of the relevant individual Private Limited Company which operates the location you have booked with.

1.OUR CONTRACT WITH YOU

1.1 Activate UK provides access to a number of Games Rooms with different activities (“Activities”).

1.2 These are the terms and conditions which apply when you book to take part in an Activity with Activate UK.

1.3 Please ensure that you read these terms and conditions carefully, and 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 Activate UK location you have booked at to discuss.

1.4 By submitting your booking, you agree that the supply of the Activities by Activate UK and your participation in the Activities is subject to these terms and conditions.

1.5 No booking shall be deemed to have been accepted by Activate UK unless and until the booking has been accepted in writing by Activate UK, which will take the form of Activate UK sending you an email confirmation of the booking.

1.6 These terms and conditions also incorporate the terms of the Activate UK Participant Agreement/Risk Acknowledgement and Injury Waiver and Privacy Policy.

1.7 Activate UK reserves the right to revise these terms and conditions from time to time in order to comply with changes in any relevant laws or regulatory requirements.

2.SAFETY

2.1 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 voluntarily assume and accept all such risks and Waiver the right to sue Activate UK for any personal injury or fatality by signing the Activate UK Participant Agreement, Risk Acknowledgement and Injury Waiver form prior to engaging in any Activity. All participants are required to sign a Waiver before participating in any Activity.

2.2 Participants will not be individually supervised by a staff member.

2.3 Children under the age of 6 cannot participate in the Activities & cannot enter the premises. Children aged 6-10 & people with special needs must have an adult in the game area & cannot participate in the Activities unless they are accompanied by a parent, guardian, responsible adult or appropriate carer. For Children between 11-13 years old, an adult must be present at the facility throughout the entire gaming experience. One adult is permitted to supervise a maximum of ten under 14-year-olds. Activate UK staff 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 complete and sign the Waiver form 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.

2.4 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 medical restrictions for each Activity as the stated at time of booking. If you have any concerns, we advise that you visit an Activate UK location at a time prior to your booking and speak to a member of the Activate UK team. Activate UK recommends that if you have medical-related concerns you should consult your health services provider and receive medical clearance before participating in an Activity at Activate UK

2.5 Admission restrictions and contra-indications to safe participation:

Circulatory conditions Heart or lung conditions Recent surgery Back or neck conditions (including Rodded back and Brittle bones) High blood pressure Spine, musculoskeletal or head injury, Pregnancy

If in any doubt as to your ability to participate safely in the Activities, please seek advice from your GP.

Customers with Epilepsy – Strobe Lighting & Flashing lights are used in some of our games rooms that might affect some people with epilepsy. Customers with uncontrolled epilepsy will be asked to obtain their GP’s approval for participation in the Activities taking into account the following:

• The type, severity and frequency of seizures
  
• The presence or absence of warning signs
  
• Known trigger factors (e.g. stress, excitement, noise or dazzling lights)
  

Activities should only take place when:

• They are accompanied by a person aged 18 years or over, who must have knowledge of the condition and be able to recognise an attack.
  

Activities should NOT take place if:

• A person with uncontrolled epilepsy feels unwell
  
• During peak conditions
  

2.6 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 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. 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 Activate UK are personally responsible for their own personal well-being.

2.7 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 any under 14’s in their care. Consequently, short or long sighted participants must ensure that they wear contact lenses or prescribed glasses.

2.8 Anyone who does not meet the above requirements will not be allowed to undertake the Activities. It is your responsibility to ensure that all members of your booking meet these requirements.

2.9 Activate UK reserves the right to refuse admittance to participants or to remove a participant from the premises should it be deemed necessary to do so. This includes a participant who does not comply with the safety rules and advice or adherence to the safety system, 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 Activate UK personnel. Activate UK 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.

2.10 Participants must be dressed appropriately (please see the FAQ’s section of our website) and Activate UK reserves the right to refuse admittance to the Activities to any participant who is not appropriately dressed.

2.11 No refunds or compensation will be payable by Activate UK in the event that any participant is not permitted to, or decides not to, undertake or complete the Activities for any reason.

3.PRICE AND PAYMENT

3.1 Subject to any terms agreed in writing between Activate UK and you, our charges for all Activities and all ancillary products shall be calculated at our current rates from time to time.

3.2 All charges include VAT.

3.3 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 Activate UK individual Private Limited Company who operates the location which you have booked at. No booking payments are made to or received by Agility UK Ventures Ltd.

3.4 Activate UK 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.

4. CANCELLATIONS, TRANSFERS AND REFUNDS - For all bookings including Parties and Group bookings.

4.1 You shall be entitled to cancel your booking at any time. You will have a 24-hour window from the point of payment, be that full or partial payment, where you will be entitled to a full refund (*Additional reference 4.2). Any cancellations occurring after this 24-hour period will only be offered to transfer to another date. No refunds will be issued.

4.2 *If you book within 24 hours of the booking date and time, you will not be entitled to a refund and will only be able to move your booking or receive a credit note for the amount paid.

4.3 In the case of a birthday party and/or a group booking of 9 or more people, you must give us a minimum of 14 days’ notice, to the location you booked with so that they can look for an alternative date. If cancelled within 14 days, you will not receive an exchange or alternative date.

4.4 All Birthday Parties and/or Group Booking must be paid for, in full, 7 days prior to the booking date. A waiver must also be completed with all the attendants, stating their name, age, date of birth and any allergies/dietary requirements. You can add guests to the booking up to 7 days prior to the party, this is subject to availability.

4.5 The minimum number of guests for a party booking or group booking is 10 guests, should any guest be unable to attend on the day a refund will not be issued.

4.4 Activate UK shall be entitled to cancel your booking at any time. In the event that Activate UK 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.

4.5 If an event outside of Activate UK’s control occurs before the commencement of the Activity which means that Activate UK is not able to provide the Activity which has been booked, then the booking is refundable by means of an offer to transfer to another date and time or a credit note for the value of the booking which can only be redeemed at the same venue the original booking was made.

4.6 Payments made by debit or credit card will be refunded to the same card.

4.7 No refunds will be given for transactions made by gift vouchers. Bookings may be transferred in adherence with points 4.1, 4.2 and 4.4 as set out in this document.

4.8 Where multiple forms of payment are used, Activate UK reserves the right to refund any monies due by debit or credit card.

4.9 Spectators & non-participants cannot enter the game arena

4.10 Any Guests under the age of 11 must have a full paying adult present. Guests between the ages of 11-13 must have a responsible adult present on the premises for the duration of the booking

5.DELIVERY OF SERVICE

5.1 We shall provide the Activities to you at the Activate UK location that you have booked at and as set out in the booking confirmation email.

6. OUR LIABILITY TO YOU

6.1 Activate UK, its partners, employees, directors and agents are not liable to you, your dependents 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 Activate UK in respect of death or personal injury caused by the negligence of Activate UK or of its employees, agents or contractors or affect the statutory rights of any person dealing as a consumer.

6.2 Activate UK will not be held responsible for the loss or damage of or to any of your property or personal belongings during your visit to the venue or arising from the booking of or participation in the Activities. Personal possessions are brought into the venue entirely at the owners’ own risk.

6.3 Parking facilities may be available at the site. 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 location.

6.4 Except as otherwise stated, any liability of Activate UK shall be limited to the refund of any charges paid to Activate UK.

6.5 To the maximum extent permitted by law, Activate UK, its partners, 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 vending machine or equivalent owned or supplied by a third party.

7.EVENTS OUTSIDE OUR CONTROL

7.1 Activate UK shall not be liable or responsible for any failure to perform, or delay in performance of, any of Activate UK’s obligations under these terms and conditions that is caused by any act or event beyond which is beyond Activate UK’s reasonable control.

7.2 If an event outside of Activate UK’s control takes place that affects the performance of Activate UK’s obligations under these terms and conditions, you will be contacted as soon as reasonably possible and Activate UK’s obligations under these terms and conditions shall be suspended for the duration of the event.

7.3 If an event outside of Activate UK’s control occurs before the commencement of the Activity which means that Activate UK is not able to provide the Activity which has been booked, then the booking is refundable by means of an offer to transfer to another date and time or a credit note for the value of the booking which can only be redeemed at the same venue the original booking was made.

7.4 In the event that it proves necessary to close the location or cancel any Activities for reasons beyond the control of Activate UK 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 Activate UK may, but shall not be obliged to, offer alternative dates or times at reduced rates.

8.HOW TO CONTACT US

8.1 If you have any questions or if you have any complaints, please contact the Activate UK location with whom you have booked. Contact details for all Activate UK locations can be found on our website.

9.SOCIAL MEDIA COMPETITION TERMS AND CONDITIONS

9.1 The promoter: is Agility UK Ventures Ltd, 3 Sheen Road, Richmond Upon Thames, England, TW9 1AD

9.2 By participating in an Activate UK prize draw, participants confirm they have read, understood and agreed to these terms and conditions.

9.3 The prize will be specified in the social media post relating to the specific competition:

a. No prize or part of a prize is exchangeable for cash, tickets or services. 

b. The prize cannot be transferable to another person. 

c. The prize cannot be transferable to an alternative Activate UK location.

9.4 Entries are open to UK residents aged 18 or over.

9.5 Competitions are not open to employees (or members of their immediate families) of Activate UK.

9.6 Entries must be posted on the relevant social media channel. Only comments on the relevant social media channel will be counted as valid entries.

9.7 No responsibility can be accepted for entries that are not received for any reason.

9.8 Only one entry per person is allowed.

9.9 Automated entries, bulk entries or third-party entries will be disqualified.

9.10 Promotion period will be specified in the specific social media post. Activate UK reserves the right to end this promotion at any time without prior notice.

9.12 How is the winner selected and notified?

a. The winner will be chosen at random and announced when the winner accepts the prize. Activate UK reserves the right to amend the competition end date at any time. 

b. If you win the competition, we will notify you privately via social media. If we cannot contact you or you do not respond within two weeks, we reserve the right to offer the prize to another competition entrant. 

c. Your details may be passed on to third party companies who are collaborating with Activate UK in the campaign for the purpose of fulfilling the order. 

d. If agreed, the first name of the winner will be made public on Activate UK social media pages when they accept the prize. The original competition post will be edited to reflect that the competition has closed and a winner has been chosen.

9.13 You give Activate UK full consent to keep you updated about the competition and your entry.

9.14 In accordance with our privacy policy, you may request at any time that your image, email address or any other details you submitted to us, be removed from our records and/or websites.

9.15 Voucher prizes will be valid for 12 months after winning. Activate UK Vouchers cannot be used in conjunction with any other offers on our website and they can only be exchanged for goods of equal value or as part payment of a higher value purchase. The vouchers cannot be exchanged for cash.

9.16 The promotion is in no way sponsored, endorsed or administered by, or associated with Facebook.

10.OTHER IMPORTANT TERMS

10.1 We may transfer Our 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 Our obligations under these terms and conditions.

10.2 Nothing in these terms and conditions shall confer on any third party who is not an Activate UK group company any benefit or right to enforce any of these terms and conditions.

10.3 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.

10.4 If We fail to insist that you perform any of your obligations under these terms and condition, or if We do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that We will automatically waive any later default by you.

10.5 These terms and conditions are governed by English law. You agree to submit to the exclusive jurisdiction of the English courts.