WAIVER, PARTICIPANT AGREEMENT, RELEASE, AND ASSUMPTION OF RISK
PLEASE READ THIS DOCUMENT CAREFULLY; ENGAGEMENT IN OUR ACTIVE INTERACTIVE EXPERIENCES AND RELATED ACTIVITIES INVOLVES RISK THAT CAN RANGE FROM MINOR INJURIES SUCH AS BRUISES OR SCRAPES TO SERIOUS INJURY, DISABILITY OR DEATH.
BY SIGNING THIS DOCUMENT, YOU ARE FREELY GIVING UP LEGAL RIGHTS. IF A PARTICIPANT IS UNDER THE AGE OF 18, THIS WAIVER MUST BE SIGNED BY THE PARTICIPANT’S PARENT OR LEGAL GUARDIAN. BY SIGNING THIS DOCUMENT AND CHOOSING TO PARTICIPATE IN THE ACTIVITIES, YOU AGREE TO ITS TERMS AND YOU AGREE TO GIVE UP LEGAL RIGHTS. YOU HAVE THE OPTION TO CHOOSE NOT TO PARTICIPATE IN THE ACTIVITIES OR USE THE PREMISES
In consideration for being permitted in and on the premises of Electric Playhouse and permitted to participate in the use of the active interactive experiences, obstacle course equipment, other recreational and sporting equipment, and related activities, especially those activities involving low light levels and/or limited visibility and additionally including simultaneous use of the premises and apparatus described herein with third parties (collectively, “Activities”) being conducted by and at Electric Playhouse either during regular business hours or during private parties or special events:
ASSUMPTION OF RISK: I understand and agree for myself, my spouse or domestic/civil union partner that I and/or my child or ward will be taking part in the Activities offered by Electric Playhouse and I/we do so voluntarily. I, on behalf of myself and/or my child/ward, assume all risk involved with my participation or the participation by my child/ward in the Activities, including but not limited to all risk of physical injury, emotional injury, bodily injury, death, or disability to myself and/or my child/ward that may result from participation in the Activities, or any damage, loss, or theft of any personal property which may be incurred by me and/or my child/ward. I understand that these Activities include, but are not limited to, the use of the facilities, equipment and the premises. I understand that the use of the Electric Playhouse premises includes use interactive experiences, equipment related to said interactive experiences, and other recreational and sporting equipment and related activities (including the Activities as described above) that have inherent risks, which include the risk of minor injuries, serious physical injury, emotional injury, bodily injury, death, and disability, or similar injuries to third parties caused by me or my child/ward’s participation in the Activities. I understand these risks and (if applicable) have explained them to my child/ward. In spite of the above and clearly stated risks, I elect to par cipate freely and elect to allow my child/ward to par cipate of my own free will and accord and as such I assume all responsibility for any injury, death or disability that I or my child/ward may incur.
RELEASE OF LIABILITY: I understand and agree that I and/or my child/ward will be engaging in an inherently risky recreational activity while participating in the Ac vi es and using the Electric Playhouse premises. To the fullest extent allowed by law, I voluntarily agree on behalf of myself, my spouse or domes c/civil union partner and my child/ward and our personal representatives, successors, heirs, and assigns to hold Electric Playhouse, Electric Playhouse LLC, Hyparspace, LLC and their affiliates, instructors, officers, directors, managers, agents, employees, designers, licensors, and members (collectively also referred to as “Electric Playhouse”), as well as the landlord property owner of the Electric Playhouse premises and other tenants of that premises and the owners, manufacturers and installers of the equipment comprising the Electric Playhouse premises (collectively, the “Releasees”) harmless from any and all liability, claims, demands, or causes of action whatsoever arising out of or relating in any way to my and/or my child’s/ward’s participation at the Electric Playhouse premises. To the fullest extent allowed by law, I expressly and voluntarily release and forever discharge Releasees from any and all liability, claims, demands, or causes of action whatsoever arising out of any damage, loss, physical injury, emo onal injury, bodily injury, disability, or death to me or my child/ward, while participating, or due to my or my child’s/ward’s participa on or the participa on by third parties, in any of the Activities offered at the Electric Playhouse premises; including, without limitation, use of balls and interactive equipment, use of other recreational and sporting equipment, participation in other related activities, receiving instruction, strenuous bodily movement, and any other activities in and around the Electric Playhouse premises. To the fullest extent allowed by law, this release is valid and effective whether the injury, damage, loss, disability or death is a result of any negligent act or omission on the part of any of the Releasees, any third parties on the premises or from any other cause. This waiver and release of liability includes, without limita on, injuries, or accidents, which may occur as a result of the: (i) use or misuse of the premises in any way by anyone, (ii) instruction or supervision, or (iii) slipping, tripping and/or falling while in the premises or on the surrounding premises.
GRANT OF RIGHT TO USE LIKENESS: I further grant Electric Playhouse the right to photograph, videotape, and/or record me and/or my child/ward and to use my or my child’s/ward’s name, face, likeness, voice, and appearance in connection with exhibitions, publicity, advertising, and promotional materials without reservation or limitation.
REPRESENTATIONS AND ACKNOWLEDGMENTS: (1) I will inspect the portions of the premises that I or my child/ward intend to use prior to our using and will immediately report any observable defect to Electric Playhouse management. (2) I and/or my child/ward are in good physical condition; sufficient for the Activities in which we will be participating. (3) I certify that I and/or my child/ward do not have any medical condition that may preclude us from safely participating. (4) I agree on behalf of myself and my child/ward that we will follow all of the rules that are posted or provided by Electric Playhouse. (5) I agree that it is my responsibility to ensure that my child/ward will follow the following requirements: (i) to exercise good judgment and act in a reasonable manner while using a trampoline court and to obey all oral or written warnings before and during participation; (ii) that I or my child/ward will meet height, weight and age restrictions imposed by Electric Playhouse to participate in the Activities; and (iii) not to participate in heavily active Activities if I or my child/ward is pregnant, has had recent surgery, has a pre-existing medical condition, circulatory condition, heart or lung condition, back or neck condition or history of spine, musculoskeletal or head injuries or has high blood pressure. (6) I acknowledge that I have carefully read the rules posted or provided to me, that I understand the risks inherent in my and/or my child’s/ward’s participation in the activities or which risks the ordinary prudent person is or should be aware. I further acknowledge that I have carefully read this waiver and release and fully understand that it is a release of all liability and a waiver of any right that I may have on behalf of myself and/or my child/ward to bring a legal action or assert a claim for injury, death or loss of any kind against Electric Playhouse. (7) Should any claim be made against the Releases, I understand and agree that I will be responsible for all attorney’s fees and defense costs incurred by the Releases in connection with or in the defense of that claim. (8) This agreement specifically contains an indemnity agreement whereby I agree to reimburse Electric Playhouse and the Releasees against any damages (including attorney’s fees and costs) incurred as a result of any lawsuit, claim, or ac on brought by myself, my child/ward, or any other party, related in any way to my or my child’s/ward’s use of the Electric Playhouse premises. (9) I further understand that no person has permission to use the Electric Playhouse premises without an effective and validly signed Waiver, Release and Assumption of Risk for myself and a parental/guardian signed Waiver, Release and Assumption of Risk for each child/ward participating in the Activities.
RIGHT TO DENY ENTRY: Electric Playhouse maintains the right to deny any person entry and participa on their sole discretion and may deny a person entry if they believe that entry may jeopardize the safety of the person or any other patron.
GOVERNING LAW AND FORUM: Any lawsuit arising from participa on in the Activities and/or use of the premises shall be brought in a court in Albuquerque, New Mexico, and New Mexico law shall apply.