Release from Liability, Waiver of Claims, Likeness Release, and Indemnification Agreement
In consideration of the undersigned and any minor children listed below (collectively, the Participants) receiving permission to participate in the activities offered by Bounce, Play-n-Create, LLC, including, but not limited to, being present at, and the use of the equipment, facilities, and programs of, the family entertainment center operated by Bounce, Play-n-Create, LLC (the Facility), which contains and offers inflatable bounce houses and other inflatable play equipment, indoor playground equipment, climbing toys and equipment, games, parties, art activities, camps, classes and other programs, toddler play area, and toys (collectively, the Activities), the undersigned, on behalf of the undersigned, the other Participants, and the heirs, executors, administrators, legal representatives, successors, and assigns of all Participants (collectively, the Releasors), hereby agrees as follows:
The undersigned certifies that: (a) the undersigned is the parent or legal guardian of the minor Participants named below or has been granted a power of attorney from the parent or legal guardian of the minor Participants named below to execute this agreement on their behalf; (b) the undersigned will familiarize all Participants with the rules and conditions of participation in the Activities expressed by, or posted at, Bounce, Play-n-Create LLC, and will comply and instruct all minor Participants to comply with such rules and conditions; (c) if the undersigned observes any hazard, defect, or dangerous condition significant hazard during participation in the Activities, the undersigned will promptly inform a member of the Bounce, Play-n-Create, LLC, management team; (d) if any minor Participant is attending a party, camp, class, activity, or other program at Bounce, Play-n-Create, LLC, at which food or drink may be available or offered the undersigned has listed below any and all food allergies of each such minor Participant; and (e) all Participants are physically fit and physically able to participate in the Activities, and no Participant has been advised by a health care professional to avoid participation in any of the Activities or any similar activity.
The undersigned is aware that there are inherent risks associated with participation in the Activities, including, but not limited to, the risks of serious bodily injury, death, and property damage, loss, or theft. The undersigned knowingly and voluntarily, on behalf of all Releasors: (a) expressly assumes all risks, known and unknown, foreseen or unforeseen, associated with participation in the Activities or presence at the Facility, and (b) waives all claims arising from participation in the Activities or presence at the Facility, including death or injury to any Participant or damage to, or loss of, property of any person. This release and waiver covers ALL RISKS of death, injury, and property loss or damage, specifically including, but not limited to, those that may arise out of the negligence of any Participant, Bounce, Play-n-Create, LLC, or any other person.
The undersigned, on behalf of all Releasors, forever agrees to RELEASE, INDEMNIFY, PROTECT, HOLD HARMLESS, AND DEFEND Bounce, Play-n-Create, LLC, and its subsidiaries, affiliates, officers, members, employees, agents, licensees, legal representatives, successors, attorneys, and assigns (collectively, the Released Parties), from any and all claims, demands, damages, losses, causes of action, lawsuits of any kind or nature whatsoever, liability, costs, and reasonable attorneys fees (collectively, the Claims and Expenses), past or future, foreseen or unforeseen, arising out of or relating to participation in the Activities or presence at the Facility by any Participant, whether or not involving a third party claim. The undersigned acknowledges that this release and indemnification extends to potential liability for injuries, death, and property loss, theft, or damage caused, or contributed to, by the negligence of any Released Party.
The undersigned, on behalf of all Releasors, further hereby grants to Bounce, Play-n-Create LLC the irrevocable right and permission to: (a) use and reuse, in any manner at all, any photographs, video, voice, and likeness of any of any Participant, in whole or in part, modified or altered, either by themselves or in conjunction with other photographs, video, voices, and likenesses, in any medium or form of distribution, and for any purposes whatsoever, including, without limitation, all Bounce, Play-n-Create LLC promotional and advertising uses, and other trade purposes; and (b) the right to copyright any such photographs, videos, voices, or likenesses in the name of Bounce, Play-n-Create LLC. The undersigned, on behalf of all Releasors, hereby waives, and forever agrees to RELEASE, INDEMNIFY, PROTECT, HOLD HARMLESS, AND DEFEND the Released Parties from, any and all Claims and Expenses, past or future, foreseen or unforeseen, arising out of or relating to the use of any said photograph, video, voice, or likeness, including, without limitation, any and all
claims for invasion of privacy and libel, whether or not involving any third party claim, and the undersigned, further, on behalf of all Releasors, waives any right to inspect or approve the use thereof.
THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE COMMONWEALTH OF VIRGINIA. THE UNDERSIGNED, ON BEHALF OF ALL RELEASORS, HEREBY IRREVOCABLY SUBMITS TO THE JURISDICTION OF THE COURTS OF ALBEMARLE COUNTY, VIRGINIA AND CHARLOTTESVILLE, VIRGINIAIN ANY ACTION OR PROCEEDING ARSING OUT OF, OR RELATING TO, THE ACTIVITIES OR THE SUBJECT MATTER OF THIS AGREEMENT, AND IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT TO ANY SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED ONLY IN SUCH COURTS, TO THE EXCLUSION OF THE COURTS OF ANY OTHER JURISDICTION. THE UNDERSIGNED, ON BEHALF OF ALL RELEASORS, HEREBY WAIVES ANY VENUE, PERSONAL JURISDICTION, OR OTHER OBJECTION THAT ANY RELEASOR MAY HAVE.
The undersigned intends this agreement to constitute a valid waiver and indemnification under Virginia law and for the waiver or rights and assumption of risks to be as broad as permitted under Virginia law. The undersigned acknowledges that this agreement will be used and relied upon by the Released Parties, and that it will govern the Releasors actions and rights and is specific inducement to obtain permission to engage in the Activities. In the event that any portion of this agreement is found to be unenforceable, the remaining portions shall remain in full force and effect.
THE UNDERSIGNED HAS FULLY INFORMED HIMSELF OR HERSELF OF THE CONTENTS OF THIS AGREEMENT BY READING IT IN FULL BEFORE SIGNING.