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Liability Waiver

Tulsa's Incredible Pizza Co. LLC
8314 E. 71st Street
Tulsa, OK 74133

THIS WAIVER MUST BE COMPLETED BY EVERY ADULT PARTICIPANT OVER THE AGE OF 18

 

IF THE PARTICIPANT IS UNDER THE AGE OF 18, THIS WAIVER MUST BE COMPLETED BY THE PARENT OR LEGAL GUARDIAN OF SUCH MINOR PARTICIPANT

IN CONSIDERATION of being permitted by Tulsas Incredible Pizza Co., LLC d/b/a Spring Town (Spring Town) to participate in any way in the EVENT(S) (defined as bounce or trampoline activities, dodgeball, or other games or activities in the RESTRICTED AREA) or being permitted to enter for any purpose any RESTRICTED AREA (defined as the fenced Spring Town trampoline park), THE UNDERSIGNED, for him/herself, his/her minor children, and his/her personal representatives, heirs, and next of kin:

 

1. ACKNOWLEDGES, AGREES and REPRESENTS that s/he has or will immediately upon entering or allowing his/her minor child to enter any of such RESTRICTED AREAS, and will continuously thereafter, inspect the RESTRICTED AREAS which s/he enters and/or allows his/her minor child to enter, and s/he further agrees and warrants that, if at any time, s/he is in or about RESTRICTED AREAS and s/he feels anything to be unsafe, s/he will immediately advise the officials of such and if necessary will leave and/or remove his/her minor child from the RESTRICTED AREAS and/or refuse to participate and/or allow his/her minor child to participate further in the EVENT(S).

 

2. ACKNOWLEDGES AND AGREES that Tulsas Incredible Pizza Co., LLC d/b/a Spring Town is an independently owned and operated Americas Incredible Pizza franchise. Neither Incredible Pizza Franchise Group, LLC, the Owner, nor the Lessor of the premises where the EVENT(s) are located has any duty to inspect, oversee or supervise the EVENTS or the RESTRICTED AREA.

 

3. HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE Tulsas Incredible Pizza Co., LLC d/b/a Spring Town, Incredible Pizza Franchise Group, LLC, the owner and/or lessor of the premises, and their agents, owners, members, shareholders, directors, officers, partners, employees, volunteers, participants, manufacturers, affiliates, subsidiaries, related and affiliated entities, successors and assigns, all other persons or entities acting in any capacity on their behalf, and persons in the RESTRICTED AREA (collectively referred to as the Releasees) FROM ALLLIABILITYTO THE UNDERSIGNED, his/her minor child, his/her personal representatives, assigns, heirs, and next of kin FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFOR ON ACCOUNT OF INJURY TO THE PERSON OR PROPERTY OR RESULTING IN DEATH OF THE UNDERSIGNED ARISING OUT OF OR RELATED TO THE EVENT(S), WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.

 

4. ACKNOWLEDGES AND AGREES that participation in the EVENTS IS DANGEROUS and entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death or damage to me, my child, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the EVENTS. The risks include, but are not limited to: slipping and falling, collision with fixed objects or people, injuries that include: sprains, fractures, scrapes, bruises, cuts, dislocations, pinched fingers, and serious injuries to the head, back or neck; the negligence of other participants, me, or my child; my own or my childs physical condition; physical contact with others; failure to warn of an inherent risk. Traveling to and from trampoline locations raises the possibility of any manner of transportation accidents. Double bouncing, more than one person per trampoline, can create a rebound effect causing serious injury. Flipping, running, and bouncing off the walls is dangerous and can cause serious injury and must be done at the participants own risk. In any event, if you or your child is injured, you or your child may require medical assistance at your own expense. Each of THE UNDERSIGNED, also expressly acknowledges that INJURIES RECEIVEDMAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.

 

5. HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the Releasees and each of them FROM ANY LOSS,LIABILITY, DAMAGE, OR COST they may incur arising out of or related to the EVENT(S) WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.

 

6. HEREBY ASSUMES FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE arising out of or related to the EVENT(S) whether caused by the NEGLIGENCE OF RELEASEES or otherwise.

 

7. HEREBY agrees that this Release andWaiverofLiability,Assumption of Riskand Indemnity Agreement extends to all acts of negligence by the Releasees, INCLUDING NEGLIGENT RESCUE OPERATIONS and is intended to be as broad and inclusive as is permitted by the laws of the State of Oklahoma and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

 

[The following paragraphs apply to adult participants over the age of 18]

 

1. I HAVE READ THIS RELEASE ANDWAIVEROFLIABILITY,ASSUMPTION OF RISKAND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALLLIABILITYTO THE GREATEST EXTENT ALLOWED BY LAW.

 

2. I know the risks involved in participation in the EVENTS, understand that serious injury and even death is possible in such participation and choose to accept such risks. I voluntarily accept any and all responsibility for my own safety and welfare while participating in the EVENTS and while being present in the RESTRICTED AREA with understanding of the risks involved. I expressly agree and promise to accept and assume all the risks existing in the EVENTS. My participation in the EVENTS is purely voluntary and I elect to participate in spite of the risks.

 

3. I hereby voluntarily release, forever discharge and agree to defend, indemnify and hold harmless the Releasees from any and all claims, demands, or causes of action, which are in any way connected to my participation in the EVENTS or my presence in the RESTRICTED AREA, including any such claims that may arise out of the negligence of the Releasees.

 

4. Should the Releasees be required to incur attorneys fees or costs to enforce this Agreement, I agree to indemnify and hold the Releasees harmless for all such fees and costs.

 

5. I certify that I have adequate insurance to cover any injury or damage that I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself.

 

6. I certify that I have not been advised by any medical advisor not to engage in activities like the EVENTS and further certify that I am willing to assume the risk of any medical or physical condition I may have.

 

7. I agree to release, defend, indemnify and hold harmless Releasees in the event they are made a party to a lawsuit as a result of my negligence. Such indemnification shall include attorneys fees and costs in the event the Releasees are required to defend themselves.

 

8. I agree that I will follow the rules of Spring Town at all times.

 

9. I agree that I will follow the instructions of the Spring Town employees at all times and that any employee may direct me to immediately leave the RESTRICTED AREA at any time for any reason. If I receive such an instruction, I agree to immediately leave the RESTRICTED AREA.

 

10. I agree that I will immediately upon entering the RESTRICTED AREA, and will continuously thereafter, inspect the RESTRICTED AREA for any unsafe condition. If I notice or feel anything to be unsafe, I will immediately notify the employees monitoring the Springtown Trampoline Park and if necessary will leave the RESTRICTED AREAS and/or refuse to participate further in the EVENT(S).

 

11. In the event that I file a lawsuit against the Releasees, I agree to file it only in Tulsa County, Oklahoma. I agree that the laws of the State of Oklahoma will apply to any action relating to, involving or arising from the EVENTS, the RESTRICTED AREA, or this WAIVER. I agree that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

 

12. In consideration of being permitted to participate in the EVENTs, I grant Spring Town the irrevocable, assignable right and permission to photograph and/or record me in connection with the EVENTS, to use the photograph and/or recording for all purposes, including advertising and promotional purposes in any manner and in any and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. I waive any right to inspect or approve the use of the photograph and/or recording, and acknowledge and agree that I am not entitled to any further compensation of any kind.

 

[The following paragraphs apply to minor participants]

 

NOTICE TO THE MINOR CHILDS PARENT OR LEGAL GUARDIAN

 

READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A DANGEROUS EVENT. YOU ARE AGREEING THAT, EVEN IF SPRING TOWN USES REASONABLE CARE IN PROVIDING THIS EVENT, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS EVENT BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE EVENT WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILDS RIGHT AND YOUR RIGHT TO RECOVER FROM SPRING TOWN IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE EVENT. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND SPRING TOWN HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.

 

1. I represent that I have full authority as Parent or Legal Guardian to bind the below identified minor participant to this Agreement.

 

2. I know the risks involved in participation in the EVENTS, understand that serious injury and even death is possible in such participation and choose to accept such risks. I voluntarily accept any and all responsibility for my child or wards safety and welfare while participating in the EVENTS and while being present in the RESTRICTED AREA with understanding of the risks involved. On behalf of my child or ward, I expressly agree and promise to accept and assume all the risks existing in the EVENTS. My child or wards participation in the EVENTS is purely voluntary, and I elect to allow my child or ward to participate in spite of the risks.

 

3. In consideration of my child or ward being allowed access to the RESTRICTED AREA and/or participation in the EVENTS, I hereby voluntarily release, forever discharge and agree to defend, indemnify and hold harmless the Releasees from any and all claims, demands, or causes of action resulting from the inherent risks in participating in the EVENTS. I am not releasing any claims on behalf of my minor child or ward arising out of the gross negligence or intentional misconduct of Spring Town and/or their employees.

 

4. I further agree to defend, indemnify and hold harmless the Releasees from any and all claims or suits for personal injury, property damage, or other wise which are brought by, or on behalf of my minor child or ward, including those as a result of the negligence of the Releasees and which are in any way connected with the use or participation by the minor, including injuries or damages caused by negligence of Spring Town.

 

5. Should the Releasees be required to incur attorneys fees or costs to enforce this Agreement, I agree to indemnify and hold the Releasees harmless for all such fees and costs.

 

6. I certify that I have adequate insurance to cover any injury or damage that my minor child or ward may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself.

 

7. I certify that I have not been advised by any medical advisor that my minor child or ward should not to engage activities like the EVENTS. I certify that I am willing to assume the risk of any medical or physical condition that my child or ward may have.

 

8. I agree to release, defend, indemnify and hold harmless Releasees in the event they are made a party to a lawsuit as a result of my child or wards negligence. Such indemnification shall include attorneys fees and costs in the event the Releasees are required to defend themselves.

 

9. I agree that my minor child or ward will follow the rules of Spring Town at all times.

 

10. I agree that my minor child or ward will follow the instructions of the Spring Town employees at all times and that any employee may direct my minor child or ward to immediately leave the RESTRICTED AREA at any time for any reason. If my minor child or ward receives such an instruction, he/she must immediately leave the RESTRICTED AREA.

 

11. I agree that at all times while my minor child or ward is present in the RESTRICTED AREA I will have an adult present in the viewing area who will continuously watch my minor child or ward and will inspect the RESTRICTED AREA for any unsafe condition. If I notice or feel anything to be unsafe, I will immediately notify the Spring Town employees and if necessary will remove my minor child or ward from the RESTRICTED AREAS and/or refuse to allow my minor child or ward to participate further in the EVENT(S).

 

12. In the event that I file a lawsuit against the Releasees on behalf of my child or ward, I agree to file it only in Tulsa County, Oklahoma. I agree that the laws of the State of Oklahoma will apply to any action relating to, involving or arising from the EVENTS, the RESTRICTED AREA, or this WAIVER. I agree that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

 

13. I agree as the Parent/Legal Guardian of a minor participant, in consideration of being permitted to participate in the EVENTs, I grant Spring Town the irrevocable, assignable right and permission to photograph and/or record my minor child or ward in connection with the EVENTS, to use the photograph and/or recording for all purposes, including advertising and promotional purposes in any manner and in any and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. I waive any right to inspect or approve the use of the photograph and/or recording, and acknowledge and agree that neither I nor my minor child or ward is entitled to any further compensation of any kind.

 

14. BY SIGNING THIS DOCUMENT, I ACKNOWLEDGE THAT IF ANYONE IS HURT OR PROPERTY IS DAMAGED DURING MY MINOR CHILD OR WARDS PARTICIPATION IN THE EVENT AND/OR PRESENCE IN THE RESTRICTED AREA, I AND/OR MY MINOR CHILD OR WARD MAY BE FOUND BY A COURT OF LAW TO HAVE WAIVED MY OR THE MINOR PARTICIPANTS RIGHT TO MAINTAIN A LAWSUIT AGAINST SPRING TOWN AND THE OTHER RELEASEES. I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I HAVE READ THIS RELEASE ANDWAIVEROFLIABILITY,ASSUMPTION OF RISKAND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS FOR ME AND MY CHILD OR WARD BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

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Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

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Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

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Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

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Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

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Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

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Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

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Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

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Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
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Parent or Guardian's Email Address

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Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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