Eterna’s Electronic Indemnity and Liability Waiver Form
Dreamworks Entertainment (Pty) Ltd trading as Eterna, located at 35 Moffat Drive, Ballito, KZN
1.1.1 Dreamworks Entertainment (Pty) Ltd, trading as ETERNA, sells tickets and provides access to recreational activities including, but not limited to:Climbing Wall, Zip Line, Volleyball, Bungee Rope Assisted Jumping, Toddler Zone, and other bouncers (“Recreational Activities”).
1.1.2 Participation in these Recreational Activities involves significant risk, including serious injury or death. By purchasing a ticket, the Customer and/or Participant acknowledges and voluntarily assumes all risks associated with these activities.
1.1.3 – RISK WARNING:The use of any equipment or participation in any activities at ETERNA may result in serious injury or death. All Participants engage in such activities entirely at their own risk.
1.2.1 Dreamworks Entertainment (Pty) Ltd (Reg. No. 2021/396058/07), its employees, and directors (“Released Parties”) shall not be liable for any injury, death, loss, damage, or claim, whether direct or indirect, arising from your use of or participation in Recreational Activities — except where such loss arises from gross negligence or wilful misconduct.
1.2.2 ETERNA provides no warranties, express or implied, regarding the quality, safety, or fitness for purpose of its activities or equipment.
1.3.1 You agree to indemnify and hold harmless the Released Parties from any claim, action, loss, damage, or cost (including legal fees on an attorney-and-own-client basis) arising out of:
Your participation or that of any Participant in the Recreational Activities.
Your breach of these Conditions.
Any misrepresentation made during the purchasing of a ticket.
1.4.1 All Participants must be in good health and free from any condition that may be aggravated by physical activity (including pregnancy, pre-existing injuries, or medical conditions, or wearing casts). If unsure, seek medical advice prior to participation.
1.4.2 ETERNA reserves the right to refuse entry or participation for safety reasons.In the case of injury, ETERNA may arrange emergency medical treatment or ambulance services. The cost of such treatment or services shall be for the Customer’s account.
1.4.3 If the Customer refuses such assistance, ETERNA shall not be liable for any resulting consequences.
1.5.1 Children under 12 years of age must be accompanied and directly supervised by a responsible adult.1.5.2 A parent or legal guardian will be deemed to have accepted these Conditions on behalf of their minor child by proceeding with the purchase of a ticket.1.5.3 Where a minor purchases a ticket independently and claims to be 12 years or older, ETERNA may rely on that representation in good faith. Responsibility for accurate disclosure lies with the minor and/or their legal guardian. ETERNA shall not be held liable for any false representations of age or resulting consequences.
1.6.1 By entering an ETERNA venue, you consent to photographs and video recordings being taken for security and promotional purposes.1.6.2 You grant ETERNA the right to use such content without compensation.1.6.3 The parent/guardian consents to the use by ETERNA of CCTV monitoring for training, health, safety, and security purposes.1.6.4 The parent/guardian consents to being added to ETERNA’s WhatsApp group for communication of promotions, workshops, and other updates.
1.7.1 These Conditions are governed by the laws of the Republic of South Africa.1.7.2 Any disputes shall be subject to the exclusive jurisdiction of South African courts.
In compliance with Section 49 of the CPA, you are hereby notified that:
These Conditions limit ETERNA’s liability.
You waive certain rights and assume significant risk.
You indemnify ETERNA from claims.
You confirm that you understand and accept these Conditions by signing this agreement.
