In consideration of the services of California Bounce Systems LLC, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "CALBS"), I hereby agree to release, indemnify, and discharge CALBS, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows: 1. I acknowledge that my participation in supervised inflatable waterpark and water trampoline activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to me, to property, or third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: accidental drowning; slips and falls; collision with fixed or movable objects or watercraft; raft capsize and entrapment; high wind, waves, or other inclement weather; exposure to temperature and weather extremes which could cause cold water shock, hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; musculoskeletal injuries including wrist, arm, shoulder, head, neck and back injuries; rope burns; exposure to potentially dangerous wild animals, aggressive and/or poisonous marine life, insect bites, and hazardous plant life; falling off of or being thrown from the unit; accidents or illness can occur in remote places without medical facilities and emergency treatment or other services rendered; equipment failure or operator error; transmissible pathogen or disease; the negligence of other participants, or other persons who may be present; my own physical condition, and the physical exertion associated with this activity. 2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. Additionally, I agree to wear a U.S. Coast Guard approved personal flotation device (life jacket) while participating in this activity. 3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless CALBS from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use CALBS’s equipment or facilities, including any such claims which allege negligent acts or omissions of CALBS. 4. Should CALBS or anyone acting on their behalf be required to incur lawyer's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. 5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have. 6. In the event that I file a lawsuit against CALBS, I agree to do so solely in the state of California, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect. 7. The undersigned waives the protection afforded by any statue or law in jurisdiction whose purpose, substance, cause and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which the person giving the release does not know or suspect to exist at the time of executing this release. This means, in part, that the undersigned is releasing unknown future claims and specifically waives the provisions of California Civil Code Section 1542 which provides: A general release does not extend to claims that the creditor or releasing party does not know or suspect exist in his or her favor at the time of the executing the release and that, if know by him or her, would have materially affected his or her settlement with the debtor or released party. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against CALBS on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at CALBS. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms. IN FULL RECOGNITION OF THE INHERENT RISKS INVOLVED WITH THE ACTIVITIES, WHICH RISKS I VOLUNTARILY ASSUME, I HEREBY INDEMNIFY, HOLD HARMLESS, AND RELEASE CALIFORNIA BOUNCE SYSTEMS LLC, COUNTY OF LOS ANGELES DPEARTMENT OF PARKS AND RECREATION, AND THEIR MEMBERS, AGENTS, EMPLOYEES, OFFICERS, OFFICIALS, DIRECTORS, OWNERS AND/OR OPERATORS (COLLECTIVELY, “RELEASED PARTIES”)FROM ALL INJURIES, DAMAGES, CLAIMS, DEMANDS, AND/OR CAUSES OF ACTION (COLLECTIVELY, “CLAIMS”), FOR ANY LOSS, DAMAGE, OR INJURY, INCLUDING DROWNING AND DEATH, WHETHER SUSTAINED BY MYSELF, A MEMBER OF MY FAMILY, OR MY PROPERTY HOWEVER CAUSED, INCLUDING, BUT NOT LIMITED TO, FAULT OR NEGLIGENCE (EXCEPT GROSS NEGLIGENCE, WILLFUL/WANTON OR INTENTIONAL CONDUCT, OR ILLEGAL ACTS) BY THE RELEASED PARTIES IN CONNECTION, DIRECTLY OR INDIRECTLY, WITH THE ACTIVITIES. THIS RELEASE SHALL BE BINDING UPON ME, MY HEIRS, EXECUTORS, ADMINISTRATORS, AND/OR ASSIGNS.
July 1, 2025 |
