JUST PLAY INDOOR ADVENTURE PARK

RELEASE OF LIABILTY and WAIVER

 

PARTICIPANT AGREEMENT, WAIVER OF LIABILITY, RELEASE AND INDEMITY AGREEMENT; PHOTO RELEASE; AND AGREEMENT TO ARBITRATE DISPUTES (ONLY ONE ADULT PARTICIPANT IS ALLOWER PER AGREEMENT)

 

BECAUSE I have voluntarily elected to use and if applicable, to allow the minor children identified below and referred to individually and collectively herein as "Children", to use the Just Play-Indoor Adventure Park, Inc. facilities and equipment, located at 7391 East Ave., Fontana, California 92336 (the "Facility"), and, in consideration for being allowed to use said facilities and equipment, and any other services provided by Just Play - Indoor Adventure Park, Inc. or its employees or agents at said location (hereinafter "Just Play") , I represent, acknowledge, and agree to the following:

 

1.            I acknowledge and agree that this Agreement covers and is intended to release all liability for injury or loss to me or the CHILDREN listed below and provide other benefits, protections and consideration to Just Play-Indoor Adventure Park, Inc. and their respective and collective agents, owners, officers, manager, shareholders, affiliates, volunteers, participants, employees, and all other persons or entities acting in any capacity of behalf of Just Play-Indoor Adventure Park, Inc. who shall be individually and collectively referred to herein as JUST PLAY.

 

2.            I am 18 years of age or older. I am entering into this agreement on behalf of myself, my spouse, or domestic partner, my children, the Children here with me today, over whom I am responsible, and our respective and/or collective issue, parents, siblings, heirs, assigns, personal representatives, estate(s), and anyone else who can claim by or through such person or persons all collectively referred to as the "Releasing Parties".

 

3.            I acknowledge and agree that the use of trampolines, climbing walls, Ninja Training apparatus, soft play and all other equipment at the JUST PLAY facility (hereinafter "Facility") is or can be inherently and obviously dangerous and involves RISKS. These risks include physical or emotional injury, paralysis, death, or damage to me, the Child, and/or third parties, and the personal property of any or all such persons. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity, which I further agree is for recreational purposes and completely voluntary.

 

4.            I acknowledge and agree that while the trampolines, climbing walls, Ninja Training apparatus, soft play, and other activities that take place at the Facility are monitored generally by Just Play employees, it is not feasible for such employees to monitor the activities and actions of all customers at all times or all customers simultaneously.

 

5.            Furthermore, I acknowledge that Just Play employees have difficult jobs to perform. They seek to assure safety, but they are not infallible. Further, they have no way to judge the participant's health or abilities. They may give instruction and warnings which are not sufficient for every person. I understand and accept that the equipment being used might malfunction and I assume the risk of such injury for myself and the Children below.

 

6.            I acknowledge and agree that I and the Children are participating voluntarily, at our own risk, that the actions or activities of other customers, or the actions or inactions of Just Play employees, could cause me or the Children significant bodily injury and that Just Play is not responsible for the actions or activities of customers using the Just Play facility or any failure or negligence of its employees in supervising the Just Play facility or its usage, including actions, activities, or omissions that result in such harm. I AM RESPONSIBLE FOR MY SAFETY AND THE SAFETY OF THE CHILDREN ATTENDING WITH ME.

 

Some of the risks may include the following:

 

A.      Participants may suffer cuts, scrapes, bumps, bruises, transmission of disease from other patrons, strains, and allergic reactions through the use of the Just Play facility equipment or contact with other participants or surfaces they have been in contact with.

 

B.      Participants may sprain, pull, break, or otherwise seriously externally or internally injure their heads, faces, noses, teeth, jaws, necks, torsos, spines, arms, wrists, hands, legs, ankles, feet, or other body parts as a result of falling off of, or achieving impact with equipment , landing improperly on the trampolines or other equipment, or making contact with other participants. Such injuries can lead to paralysis, disfigurement or death. Participation may result in heat stroke, heart attacks, dehydration and other exertion-related medical events.

 

C.      Participants often fall on each other which can result in broken bones and other serious injuries.

 

D.     Prohibited activities such as Double Bouncing (more than one person per trampoline) flipping, running and bouncing off the walls and wall mounted trampolines, as well as other participant's body movements planned or unplanned can create a rebound effect, all leading to unpredictable body movements and anticipated or unanticipated body contact, any or all of which can lead to serious injury.

 

7.            I acknowledge, accept, and assume the risk of any and all injuries, medical conditions, limitations, or disabilities (whether temporary or permanent) that I or the Child may currently suffer or may suffer from while in The Facility, whether known or unknown, which might contribute to or exacerbate any injury I or the Child might sustain as a result of using Just Play and the Facility or any of its equipment. I acknowledge and agree that if medical assistance (in any form, including emergency care, hospitalization, out-patient-care, and/or physical therapy) is required or performed as a result of any injury I or the Child sustains while using the Just Play facility, such assistance shall be at my own expense.

 

8.            RELEASE OF LIABILITY. The Releasing Parties hereby irrevocably and unconditionally release, waive, relinquish, discharge from liability, and covenant not to sue, Just Play, other persons using the Just Play facility, and their successors, predecessors-in-interest, and insurers (collectively, the "Releasees") from any and all claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, attorney's fees, damages, judgments and liabilities, of whatever kind or nature, in law, equity of otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, related to or arising from, directly or indirectly, from my of the Child's use of the Just Play facility and its equipment, the Child's and/or my entry into the Just Play facility, the condition, maintenance, inspection, supervision, control or security of the Just Play facility, the failure to warn of dangerous conditions in connection with the Just Play facility, and/or the acts or omissions of Just Play or any of the Releasees, including without limitation any claim for negligence, failure to warn or other omission, property damage, personal injury, emotional injury, illness, bodily harm or death. In the event that any claim released herein is brought by, or asserted on behalf of, me of the Child, I shall indemnify, defend and hold harmless the Releasees, and any of them, from any loss or liability, including reasonable attorney's fees, associated therewith or arising therefrom. On the Child's and my behalf, I knowingly and voluntarily waive any and all rights and benefits conferred upon us by the provisions of Section 1542 of the California Civil Code or by any similar law or provision, which Section reads as follows:

 

"A GENERAL RELAESE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

 

I understand and fully acknowledge and agree that all of the risks identified herein and any other risks associated with use of the Just Play facility and its equipment are beyond the control of the Releasees (Just Play and others).

 

9.            I promise, agree and acknowledge that should Just Play or any other Releasee or anyone acting on their behalf be required to incur attorney's fees and/or costs to enforce this agreement, I shall indemnify and hold it or them harmless for and against all such attorney's fees and/or costs.

 

10.            ARBITRATION OF DISPUTES: TIME LIMIT TO BRING CLAIM: ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO MINE OR THE CHILD'S USE OF THE JUST PLAY FACILITY AND/OR ITS EQUIPMENT, INCLUDING THE DETERMINATION OF THE SCOPE OF APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE BROUGHT WITHIN ONE YEAR OF ITS ACCRUAL AND BE DETERMINED BY ARBITRATION IN SAN BERNARDINO COUNTY, CALIFORNIA, BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINSTERED BY "JAMS" PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULSES AND PROCEDURES, IF THE AMOUNT OF CLAIM EXCEEDS $250,000.00 OR ITS STREAMLINED ARBITRATION RULES AND PROCEDURES, IF THE AMOUNT IN CONTROVERSY IS LESS THAN OR EQUAL TO $250,000.00. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION.

 

11.            This Agreement shall be governed by, construed and interpreted in accordance with the laws of the state of California, without regard to choice of law principles. I understand that by agreeing to arbitrate any dispute, I am waiving my right to maintain a lawsuit against Just Play and the other Releasees for any and all claims covered by this Agreement and the right to have my claim determined by a jury.

 

12.            In connection with my and the Child's use of the Just Play facility, I consent to the recording of the Child's and my physical likeness and/or voice through mechanical, photographic, technical, digital, electronic of other means ("Recordings"). I hereby consent to and authorize Just Play and its agents, representatives, employees, successors and assigns to use, in perpetuity, such Recordings, as well as the Child's name and my name, for any purpose, including advertising, promoting, exploiting and/or publicizing the Just Play facility. I further agree that the foregoing includes the consent to use the Child(ren)'s and/or my physical likeness in any form. In addition, I waive any and all claims I may have in connection with the Recordings.

 

13.            I would like to receive email promotions, discounts, and other advertisements from Just Play and its partners at the email address provided below. I may unsubscribe at any time.

 

14.            I have had sufficient opportunity to read this document. I have read and understood and agree to be bound by its terms. I understand that employees working at the Just Play facility, including the managers, do not have the authority to waive any provision of this Agreement. This Agreement constitutes and contains the entire agreement between Just Play and me relating to the Child's and my use of the Just Play facility. If any portion of this Agreement is found to be unenforceable, the remaining portions shall remain in full force and effect.

 

15.             I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I and the participant(s) named below may be exposed to or infected by COVID-19 by attending Just Play and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at Just Play may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Just Play employees and program participants. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself or the participant(s) named below (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with your attendance at Just Play. ("Claims"). I hereby release, covenant not to sue, discharge, and hold harmless Just Play, its employees, agents, and representatives, from the Claims. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Just Play, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Just Play program or event.

 

 

This Agreement covers the following Child(ren) for whom I am responsible, who will use the Just Play facility in addition to myself: