Nature of the Activity: Swack Entertainment LLC. Doing Business As Fun Slides Carpet Skatepark and Party Center, (hereafter referred to as Fun Slides), provides an opportunity for clients to stay physically active and to challenge themselves in a fun carpeted environment. Fun Slides activity involves the use of carpet skating sports equipment on or around ramps, grind rails, slides, inclines, declines, half pipes, steps, obstacles, fences, and more. Fun Slides activity is similar to other skate or skateboarding sports with the exception that the skating surface is carpeted, and carpet skates are worn. At no time are participants to skate with anything other than carpet skates strapped to their feet. Other activities include, but are not limited to, sitting or lying down while sliding on slide boards or other gliding equipment, dodgeball, bounce & slide inflatables, an obstacle course with rails, stairs, ledges, rock-climbing handgrips, strobe lights and more, and a carpet hockey area with hockey sticks, hockey equipment and more. All this, and more, is set in a blacklight environment with other participants.
Fun Slides can help both children and adults stay active and physically fit. It also increases self-confidence, provides relaxation, allows competition, and is just plain fun. Even though Fun Slides 1) has designed the facility with the goal of providing a safe experience , 2) provides instruction in some activities, 3) provides general supervision of activities, 4) has developed rules and policies that focus on safety, and 5) has greatly reduced the danger of falls through the use of carpeting, it is impossible to eliminate all risks or the possibility of injury in active activities such as those at Fun Slides. Inherent Risks include, but are not limited to: falls, collisions, low lighting, loss of balance, erratic bounces, striking hard surfaces, visual & audio distractions, slippery surfaces, strenuous exertion, being struck by objects or people, and unexpected equipment failure. Other inherent risks include failure of participants to follow safety rules, careless or negligent actions by participants, errors in judgment by staff or participants, and occasional lack of attention and the inability of patrons who accompany a minor to the facility to constantly supervise that minor or lack of attention or inability to observe every activity occurring in the entire facility by our staff. There are also inherent risks of being an observer or spectator at Fun Slides. Those risks include, but are not limited to, slip and fall accidents, falling over objects in low lighting, being struck by flying objects, colliding with a participant, seating or other equipment failure as well as all participant risks if you skate without registering.
Three types of injuries can result from the inherent risks of vigorous activities such as Fun Slides. The first and most common injuries are minor in nature. Some of these include bruises, carpet burns, muscle strains, contusions, ankle sprains, lacerations, and muscle soreness. More serious injuries are less common but can also occur in any vigorous activity. Some of these include broken bones, concussions, joint injuries, and internal injuries. The least common type of injury is the very rare instance of a catastrophic injury. These remote incidents, possible in any vigorous activity, can include stroke, heart attack, paralysis, and even death.
Definitions: FS Client – refers to a minor client, parent(s)/legal guardian(s), adult clients, spectators, & anyone on the premises.
Participation – refers to any activity on the premises, whether playing, competing, observing, snacking, or otherwise.
Assumption of Inherent Risks:
I, the FS Client, have read the previous paragraphs and I know and understand the nature of the activities at Fun Slides and I appreciate the types of injuries that may occur as a result of participating at Fun Slides and their potential impact on my well-being and lifestyle. I hereby assert that my participation (and my minor client(s)) is voluntary and that I knowingly assume all inherent risks.
Waiver of Liability for Ordinary Negligence:
In consideration of being permitted to enter any facility of Fun Slides Carpet Skatepark, or Fun Slides Carpet Skatepark & Party Center LLC (hereafter referred to collectively as Fun Slides) for any purpose, including but not limited to, my presence at a party or other outing, or also observation of or participation in Fun Slide activities today and on all future dates, I, the FS Client (on behalf of myself, my spouse, my children, my heirs, personal representatives, and assigns), hereafter referred to as Releasing Parties, hereby release, discharge, and covenant not to sue Fun Slides, its respective administrators, directors, agents, officers, employees, volunteers, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, the park or product designers, builders, equipment manufacturer(s), licensors, owners and lessors of premises used to conduct the skating activities, along with their employees or agents (hereafter referred to as Protected Parties) from all liability, claims, demands, losses, or damages to person or property on my account (or my minor client(s) account), even if caused or alleged to have been caused in whole or in part by the Active or Passive Negligence or Fault of the Protected Parties.
This agreement applies to all claims whatsoever whether or not known or anticipated, including but not limited to 1) personal injury (including death) from incidents or illnesses arising from my presence or participation at Fun Slides (including, but not limited to), active participation, classes, observation, individual use of facilities, use of seating or equipment, use of restroom area, equipment failure, rescue operations, supervision, maintenance or design, rental equipment, and use of all premises including the associated sidewalks and parking lots); 2) any and all claims resulting from the damage to, loss of, or theft of property; and 3) any claims that I (and my minor client(s)) now have against Fun Slides or may have in the future against Fun Slides.
I, the FS Client, also agree to hold harmless, defend, and indemnify Fun Slides and other Protected Parties (that is, defend and pay any judgment and costs, including investigation costs, attorney’s fees, and related expenses) from any and all claims of Releasing Parties or others acting on my behalf (or my minor client(s) behalf), from participation in Fun Slides activities or presence on the premises, (including those arising from the inherent risks of the activity or the ordinary negligence of Protected Parties). I, the FS Client, further agree to hold harmless, defend, and indemnify Fun Slides against any and all claims of co-participants, rescuers, and others arising in whole or in part from my conduct or the conduct of my minor client(s) in Fun Slide activities or from our presence at Fun Slides.
1. I, the FS Client, affirm that this Agreement is the entire agreement between me and Fun Slides, both on behalf of myself and on behalf of my minor client(s). I understand that it cannot be modified or changed in any way by representations or statements by any agent or employee of Fun Slides.
2. I further expressly agree that the foregoing Assumption of Risk, Waiver of Liability, and Indemnification Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Pennsylvania and that if any portion thereof is held invalid, I agree that the balance shall continue in full legal force and effect.
3. I understand that if legal action is brought, the appropriate trial court for the county of Allegheny in the State of Pennsylvania has the sole and exclusive jurisdiction and that only the substantive laws of the State of Pennsylvania shall apply.
I authorize Fun Slides to publish photographs taken of myself and/or the minor children with me while at Fun Slides or Fun Slides events for use in their print, online and video based marketing materials as well as other Fun Slides publications. I hereby release and hold harmless Fun Slides from any reasonable expectation of privacy or confidentiality for myself and the minor children associated with the images specified above. Further, I attest that I am the parent or legal Guardian of the child or children listed below and have full authority and consent to authorize Fun Slides to use their likenesses and names.
I further acknowledge that participation is voluntary and that neither I, the minor child, or minor children will receive financial compensation of any type associated with the taking or publication of these photographs or participation in company marketing materials or other company publications. I acknowledge and agree that the publication of said photos confers no rights of ownership or royalties whatsoever. I hereby release Fun Slides, its contractors, its employees and any third parties involved in the creation or publication of company publications, from liability for any claims by me or any third party in connection with my participation or the participation of the minor children listed below.
Assumption Of Risk: I the FS Client acknowledge the inherent risk of exposure to the disease COVID-19 and SARS-CoV-2 (collectively, “COVID-19”) and any other communicable or infectious disease exists in public place where people are present. I acknowledge that the risk of exposure to COVID-19 and any other communicable or infectious disease includes the risk that I will expose others that I later encounter, even if I am not experiencing or displaying symptoms of illness myself. By visiting and or participating in Fun Slides I agree to voluntarily assume any and all risks in any way related to exposure to COVID-19 and any other communicable or infectious disease , including illness, injury, or death of myself or others, and including without limitation, all risks based on the soul, joint, active or passive negligence of any of the released parties . I acknowledge that my visit and participation are entirely voluntary.
Waiver: On my own behalf and on behalf of my heirs, executors, personal representatives, administrators, and assigns, I agree to forever wave, covenant not to Sue, release, and discharge the released parties from any and all liability, claims, causes of action, damages, costs or expenses of every kind, including all claims and causes of action based on the sole, joint, active, or passive negligence of any of the released parties arising out of or in any way relating to exposure to COVID-19 and other communicable or infectious diseases during my visit and or participation at Fun Slides. This waiver of liability and the assumption of risk set forth above is intended to be as broad and inclusive as is permitted by law.
Acknowledgements, Assertions, and Agreements: I, the FS Client, (and my minor client(s)):
- Acknowledge that Fun Slides strongly recommends each client to get medical clearance prior to participation in Fun Slide activities.
- Assert that I have no health problems that would make participation unwise.
- Assert that I possess a sufficient level of skill and fitness to be able to safely participate at Fun Slides.
- Authorize the use of emergency first aid and/or CPR, if deemed necessary by Fun Slides
- Authorize Fun Slides to secure emergency medical care or transportation (i.e., EMS) if deemed necessary by Fun Slides and I agree to assume all costs of emergency medical care and transportation.
- Agree to stop play and inform staff if I feel any unusual discomfort (e.g., faintness, shortness of breath, high anxiety, chest pains).
- Acknowledge that Fun Slides can terminate my participation in an activity if it endangers myself or others.
- Know that Fun Slides highly encourages all participants to always wear safety gear (including head gear, knee pads, elbow pads, and wrist braces). I know they are available for rent/purchase and I understand they can reduce the chance of serious injury.
- Agree to make sure my minor client(s) understand the risks & the safety rules; and, if under 9, they will wear a helmet.
- Agree to inform Fun Slides of any injury that happen to me or a minor participant, even minor ones, prior to leaving the premises.
ACKNOWLEDGEMENT OF UNDERSTANDING: I, the FS Client, have read this Assumption of Risk, Waiver of Liability, and Indemnification Agreement and fully understand its terms. I understand that I am giving up substantial rights that might belong to me and/or my minor client(s) including: 1) my right as an ADULT PARTICIPANT to recover damages for any loss I may suffer resulting from my injury or death resulting from participation at Fun Slides; 2) my right as a Parent/Legal Guardian to recover damages for any loss I may suffer resulting from injury to or death of myself or my minor child(ren) resulting from participation at Fun Slides; and 3) the right of my minor child(ren) to recover damages for any loss they might suffer from injury or death resulting from participation at Fun Slides. I further acknowledge that I am signing the agreement freely and voluntarily, and I intend my signature to be a complete and unconditional release of Fun Slides from all liability for myself, and my minor child(ren) due to 1) Ordinary Negligence by Fun Slides or the other Protected Parties, or due to 2) the inherent risks of Fun Slides activities, to the greatest extent allowed by law in the State of Pennsylvania.
Further, I, the FS Client, assert that 1) I have explained the risks of the activity to my minor child(ren)and minor client(s); they 2) understand the inherent risks of Fun Slides activities; and 3) by signature below, we knowingly accept and assume the inherent risks responsibilities and liabilities created in this Agreement.4) Acknowledge the premises is under video surveillance
The undersigned also authorizes Fun Slides and its licensor, the right to use all photographs and or videos taken of Participant(s) while participating in activities at this facility, for advertising or promotional purposes.
Today's Date: March 5, 2021