ASSUMPTION OF LIABILITY AND WAIVER TERMS
PartyMojo Pte Ltd with its subsidiaries and affiliates including but not limited to PartyMojo Pte. Ltd. (“PartyMojo”) makes available rental equipment to you and minors in your charge subject to the terms set out below (“Terms”). The rental equipment provided include, but are not limited to, bouncy castles, ball pits, table and furnitures, arcade machines and carnival game booths (“Rental Equipments”) at your event location in Singapore (“Event Location”).
Assumption of risks
You understand and agree that use of the Rental Equipments are inherently risky and hazardous, and may result injury or death including cuts and bruises, falls, broken bones, strains, sprains, whiplash, bruises, abrasions, concussions, heart attack, heat exhaustion and permanent disability (“Risks”). PartyMojo has taken all reasonable measures to ensure the proper construction and maintenance of its facilities and taken all reasonable precautions in providing its services, however, these Risks cannot be eliminated without jeopardizing the essential qualities of the Rental Equipments provided.
You knowingly and voluntarily accept and assume any and all Risks that may be suffered by you or minors in your charge from the use of the Rental Equipment at the Event Location.
Proper Use of Rental Equipments
You understand and agree that all Rental Equipments at Event Location must be utilised in a responsible manner, in accordance the directions and instructions of PartyMojo or its staff, and with proper accord to your safety, the safety of minors in your charge and the safety of others (“Proper Use”).
You are responsible for the proper care of your belongings and that of minors in your charge. Items such as phones and cameras may get damaged if they are used whilst participating any activities, and PartyMojo shall not be liable for any loss or damage to any property (howsoever caused) while using the Rental Equipments.
Proper Health and Condition
You understand and agree that the use of Rental Equipments requires the user to be in a good physical condition and free from medical conditions that may prevent or affect the safe and reasonable use of the Rental Equipments (“Proper Health and Condition”).
The Rental Equipments shall not be utilized by anyone not in Proper Health and Condition.
Please seek medical advice if you are unsure if you are in Proper Health and Condition for the use of the Rental Equipments at Event Location. Notwithstanding the generality of the above, pregnant women, customers with certain pre-existing health issues or persons in casts are not permitted to use the Rental Equipments.
Duty to care and supervise
Minors remain under the care and supervision of their parent or legal guardian, or a duly authorized agent of the parent or legal guardian while using the Rental Equipments at the Event Location.
You may be accompanied by minors at the Event Location. You represent and warrant that you are the parent or legal guardian of the minors in your company or duly authorized by the parent or legal guardian and assume the duty and obligations of the parent or legal guardian over the minors in your company.
PartyMojo does not assume responsibility for the care and supervision of unaccompanied minors in the Playground, who shall remain the responsibility of the parent or legal guardian.
Notwithstanding the generality of the above, any child 8 years and below must be accompanied and supervised by a responsible adult aged 21 or above at all times.
Indemnity
You (as “Indemnifying Party”) shall indemnify, hold harmless, and defend PartyMojo and its officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, “Indemnified Party”) against any and all losses, damages, liabilities, deficiencies, claims (including any claim brought by or on behalf of a minor in your charge against PartyMojo), actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, that are incurred by Indemnified Party (collectively, “Losses”), arising out of or related to (i) breach or non-fulfillment of any obligations by you or any minors in your charge of these terms; (ii) any negligent or more culpable act or omission (including any reckless or willful misconduct) by you or any minors in your charge including but not limited to any breach of your duty to care and supervision of minors; (iii) any bodily injury, death of any person, or damage to real or tangible personal property caused by the negligent or more culpable acts or omissions of you or any minors in your charge (including any reckless or willful misconduct); (iv) any failure by you or any minors in your charge to comply with any applicable laws, regulations, or codes in the use of Rental Equipments; or (v) unaccompanied minors at the Event Location where you have consented to their unaccompanied use of the Rental Equipments.
Waiver of Claims
To the fullest extent permitted by law, you hereby expressly agree to waive, relinquish, discharge, release and covenant not to sue PartyMojo, its members, officers, directors, employees, advisors, agents, insurers and attorneys (collectively, the “Released Parties”) from any and all claims, demands, causes of action, judgments, rights, fees, damages, debts, obligations, expenses (including fees of legal representative(s)), losses and liabilities of any kind whatsoever, whether known or unknown, whether based in strict liability, negligence or otherwise (collectively, the “Claims”) that you may have against the Released Parties arising out of, or in any way related to your use of the Rental Equipments, save and except where such Claims are proven to be directly due to the negligence of PartyMojo.
To the fullest extent permitted by law, you hereby expressly agree on behalf of any and all minors in your charge to waive, relinquish, discharge, release and covenant not to sue the Released Parties from any and all Claims they may have against the Released Parties arising out of, or in any way related to their use of the Rental Equipments, save and except where such Claims are directly due to the negligence of PartyMojo.
General
All Services and equipments are provided to you on the condition that you agree to and comply with these terms.
You represent and warrant that you are at least 18 years old, and have the full power, capacity and authority to enter into these Terms on your own behalf, and if applicable, on behalf of any minors in your charge as their parent, legal guardian or other duly authorized agent.
If any portion of these Terms are found to be void or unenforceable by Singapore law, the remaining portion shall remain in full force and effect.
These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of Singapore. Each party irrevocably agrees that the courts of Singapore shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms including its subject matter or formation.