LLC “Olimpiskais centrs „Ventspils””, reg No. LV40003245964, address: 7/9 Sporta Street, Ventspils, LV-3601, hereinafter referred to as "the Owner", on the one hand, and the person indicated in Annex No. 1 as "the User", hereinafter referred to as "the User", on the other hand, without fraud or deceit or duress, enter into this agreement on the following:
- Subject of the Agreement
1.1. The User makes a proposal, but the Owner gives a permission to the User and the persons accompanying them and who are specified in Annex No. 1 of this Agreement, for the payment indicated in Annex no. 1 of this Agreement, to use the Owner's Adventure Park (hereinafter referred to as "Track") in accordance with the terms of this Agreement.
1.2. The Proposal specified in Clause No 1.1 of this Agreement is recognised as an offer to conclude this Agreement, but the permission of the Owner specified in Clause No 1.1 of this Agreement is recognised as an accept to conclude this Agreement.
1.3. For the purposes of this Agreement, the term "Track" means an area established by the Owner and marked in nature, especially equipped and intended for overcoming obstacles and attractions fortified by trees.
- Rights and obligations of the User
2.1. The User has the right to use themselves and to allow the persons they accompany and who are specified in Annex No. 1 (hereinafter referred to as "accompanying person"), to use this Track only after receiving and putting on all the equipment necessary for using the Track. It is strictly forbidden for the User and accompanying persons to hand over the received safety equipment to third parties. It is the responsibility of the User and accompanying persons to return the safety equipment issued to them to the Owner. If the User and accompanying persons have not returned the safety equipment issued to them, then they are obliged to compensate the Owner for the full value of the safety equipment.
2.2. The User and accompanying persons must follow the rules of use of the Track, the instructions, warnings and other signs or indications posted on the Track regarding the use of the Track.
2.3. If the accompanying person is between 6 and 14 years of age, the User must ensure that they are accompanied by an adult during the entire visit to the Track.
2.3. The User is personally morally and materially responsible for the actions and inactions of the accompanying persons on the Track, the resulting losses or damage to the User, accompanying persons, third parties and the Owner.
2.4. The User is prohibited to light a fire, use alcoholic beverages, tobacco and tobacco products, narcotic or psychotropic substances on the Track, as well as Users are prohibited to be or go on the Track under the influence of alcoholic beverages, tobacco or tobacco products, narcotic or psychotropic substances. The User is responsible for ensuring that the accompanying persons do not light fires, use alcoholic beverages, tobacco or tobacco products, narcotic or psychotropic substances on the Track, and that the accompanying persons are not on the Track under the influence of alcoholic beverages, tobacco or tobacco products, narcotic or psychotropic substances.
2.5. The User and accompanying persons are obliged to comply with the requirements or instructions of the Owner's employees, who are appropriately dressed or otherwise branded with relevant distinguishing markings (hereinafter referred to as "Track staff") regarding the Track, its use or equipment and its use.
2.6. The User and accompanying persons are prohibited from damaging the Track, its devices, equipment or issued equipment.
2.7. The User assumes full responsibility for the health and life of themselves and the accompanying persons and is responsible for ensuring that the route or manoeuvres chosen by the User and the accompanying persons correspond to their abilities. The above does not apply to those cases where the cause of the damage was the Owner's action or inaction.
2.8. The User waives any right of claim and undertakes not to raise any property or other claims or demands against the Owner for personal injury, damage or loss sustained on the Track, if such was caused or occurred due to the fault of the User (or their accompanying persons) violating or not complying with the provisions of this Agreement.
2.9. The User is obliged to stop using the Track together with accompanying persons if such weather conditions have occurred or the Track is in a condition that is obviously unsafe for use.
2.10. The User is obliged to immediately report any accident to the staff of the Track and participate in providing assistance if necessary.
2.11. If the Track usage time specified in this Agreement for the User and accompanying persons has ended, but the User and the accompanying persons have not yet left the Track, then this Agreement continues to operate until the User and the accompanying person have left the Track. If the User and/or accompanying persons have exceeded the time of use of the Track specified in this Agreement, then the User is obliged to pay the Owner extra for the additional time of use of the Track in accordance with the price list approved by the Owner valid on the day of conclusion of this Agreement.
2.12. During the entire time of using the Track, the User must regularly and independently make sure that the User and accompanying persons comply with the safety rules of the Track, as well as have fastened safety carabiners to the safety rope or other safety carabiner specially marked for securing.
2.13. The User and accompanying persons are prohibited from performing any manoeuvre on the Track without fastening two safety carabiners to the ropes or carabiners intended for safety.
2.14. The Users and accompanying persons must fasten safety carabiners from one safety rope to the next one at a time, so that at least one safety carabiner is fastened to the safety rope at all times. It is forbidden to carry out any manoeuvres while the safety carabiners are being fastened.
- Rights and obligations of the Owner
3.1. The Owner is not responsible for any damages or losses incurred or caused to the User due to the User violating the terms of this Agreement.
3.2. The Owner is not responsible for the damage, loss or theft of the User's inventory, means of transport, other personal belongings.
3.3. The Owner does not assume responsibility for accidents that occurred on the Track, caused by illegal or malicious actions of other persons, damaging the Track, its inventory or equipment in cases where it was possible for the injured person to avoid the accident by taking reasonable precautions.
3.4. The Owner has the right to immediately, without prior notice, terminate this Agreement and expel the User and accompanying persons from the Track or part of the Track, if:
3.4.1. The User or any accompanying person violates the terms of this Agreement.
3.4.2. Weather conditions have occurred that threaten the safety of using the Track (strong wind, storm, rain, etc.).
3.4.3. The Owner concludes that the Track equipment may be unsafe for use.
- Payments
4.1. For permission to use the Track for 3 (three) astronomical hours from the moment of conclusion of this Agreement, which is indicated in Annex No. 1, the User pays the Owner the amount specified in Annex No. 1.
4.2. Payments can be made at the Owner's cash desk.
- Duration of the Agreement
5.1. This Agreement comes into force when it is signed by an authorised representative of the Owner and the User.
5.2. This Agreement is valid until time specified in the Annex No 1 of this Agreement or until the time of the occurrence of the conditions referred to in Clause No. 2.11 of this Agreement.
5.3. The Owner can terminate this Agreement unilaterally in the cases and in accordance with the procedure specified in Clause No. 3.4 of this Agreement. If the Agreement is terminated in the cases specified in Clause No. 3.4.1 of the Agreement the fee for using the Track is not returned to the User. If the Agreement is terminated in the cases specified in Clause 3.4.2 of the Agreement the fee for using the Track is returned to the User if the User has used less than half of the time allotted for the attraction, but if the User has used more than half of the time, the fee is not returned. If the Agreement is terminated in the cases specified in Clause No. 3.4.3 the fee for using the Track is returned to the User if the User is not to blame for the damage to the Track or equipment, but the fee is not returned if the User is to blame for the termination of the Agreement.
5.4. The User may terminate this Agreement unilaterally by verbally notifying the Owner or its representative. The fee for using the Track is returned to the User if this Agreement is terminated before going to the Track.
- Final terms and data processing
6.1. Upon signing this Agreement, the User and accompanying persons are insured against accidents on the Track in accordance with the insurance contract concluded by the Owner and the insurance company. The User and accompanying persons are bound by the insurance provisions of the insurance policy valid on the day of conclusion of this Agreement. Accident insurance does not cover accidents caused by gross negligence of the User and/or accompanying person.
6.2. The User is informed that the Owner needs to process personal data to fulfil the Agreement. Full information on personal data processing is contained in Annex No. 1.
6.3. This Agreement is binding on the Owner, User, accompanying persons, their legal representatives, successors of rights and obligations.
6.4. Disagreements that may arise in connection with this Agreement shall first be resolved through mutual negotiations. If the dispute cannot be settled through negotiations, then they are settled in the courts of the Republic of Latvia in accordance with the legislation of the Republic of Latvia in force at the time of the settlement of the dispute.
6.5. This Agreement has Annex No. 1, which is an integral part of this Agreement. The Agreement is issued to the User at the User's request.
6.6. Any additions to this Agreement are valid if they are in writing and signed by the Owner and the User.
6.7. By signing this Agreement, the Owner and the User accept it as binding and enforceable.