Participant Agreement, Release and Assumption of Risk (The Agreement) – Sparks, LLC DBA RideFourEver Skate Park
I have voluntarily elected to use and, if applicable, to allow the minor child(ren) identified above and all minor children under my supervision and referred to individually and collectively herein as “Child”, to use the Sparks, LLC facilities and equipment located at 8875 Rosehill Road, Lenexa, KS 66215, (referred to going forward as the “Ride Four Ever Skate Park”). I am entering this agreement on behalf of myself, my spouse or domestic partner, the Child, 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 (collectively, the “Releasing Parties”).In consideration for being allowed to use said facilities and equipment, and any other services provided by Sparks, LLC or its employees or agents at said location, or any other location within the State of Kansas, I represent, acknowledge and agree as follows:
I acknowledge and agree that this Agreement covers and is intended to release and provide other benefits, legal protections, and consideration to Sparks, LLC and their respective and collective agents, owners, officers, managers, shareholders, affiliates, volunteers, participants, employees, and all other persons or entities acting in any capacity on their respective or collective behalf (collectively, “Sparks LLC”). I AGREE TO HOLD HARMLESS, RELEASE, AND DISCHARGE SPARKS LLC FROM ANY AND ALL LIABILITY FOR INJURIES, CLAIMS, AND/OR DAMAGES, WHETHER KNOWN OR UNKNOWN, ANTICIPATED OR UNANTICIPATED, EVEN IF I CONTEND THAT SUCH INJURIES, CLAIMS, OR DAMAGES ARE THE RESULT OF NEGLIGENCE OF SZ OR ITS EMPLOYEES.
RELEASE OF POTENTIAL INJURIES
I acknowledge and agree that the use of the Skate Park and the equipment at the Ride Four Ever Skate Park and that participating in skate activities is inherently and obviously dangerous. These risks include serious physical or emotional injury, paralysis, death, damage to myself, the Child, and/or third parties, and damage to 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. I acknowledge and agree that, while the Skate Park and other activities that take place at the Ride Four Ever Skate Park are monitored generally by Sparks Employees, it is not feasible for such employees to monitor the activities and actions of all customers at all times or all customers simultaneously. Furthermore, Sparks employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s health or abilities. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
VOLUNTARY ASSUMPTION OF RISK
I acknowledge and agree that I and the Child are participating voluntarily at our own risk. I acknowledge and agree that the actions or activities of other customers or the actions or inactions of Sparks employees could cause me or the Child significant bodily injury (as described in this Agreement), and that Sparks is not responsible for the actions or activities of customers using the Ride Four Ever Skate Park or the negligence of its employees in supervising the Ride Four Ever Skate Park or its usage, including actions, activities, or omissions that result in such harm. Some of the risks include, but are not limited to, the following:
a) Participants may die or become paralyzed, partially or fully, through their use of the Ride Four Ever Skate Park and participation in Skate Park activities.
b) Participants may suffer cuts, scrapes, bumps, bruises, the transmission of disease strains and allergic reactions through use of the Ride Four Ever Skate Park equipment or contact with other participants or surfaces they have contacted. Participants may sprain, pull, break or otherwise seriously externally or internally injure their head, face (including nose and teeth/jaw), neck, torso, spine, arms, wrists, hands, legs, ankles, feet or other body parts as a result of falling off the Skate Park features or other equipment, landing improperly on the ground or other equipment, or making contact with other participants. As noted in paragraph a) above, 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 may fall on each other, resulting in broken bones and other serious injuries. Skating can lead to unpredictable body movements and anticipated or unanticipated bodily contact, any or all of which can lead to serious injury.
d) Traveling to and from Skate Park features can result in similar physical injury (even if the participant is not himself or herself skating at the time).
e) Observing, standing, sitting or taking photographs at or near the Skate Park or any other activity within the Skate Park can result in similar physical injury (even if the observer is not himself or herself participating at the time).
AGREEMENT TO PAY MY OWN MEDICAL EXPENSES
I acknowledge, accept, and assume the risk of any and all medical conditions, limitations, or disabilities (whether temporary or permanent) that I or the Child possess, whether known or unknown, which might contribute to or exacerbate any injury I or the Child might sustain as a result of using the Ride Four Ever Skate Park or any of its equipment. I acknowledge and agree that if medical assistance (of 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 Ride Four Ever Skate Park, such assistance shall be at my own expense.
RELEASE OF LIABILITY
The Releasing Parties hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue Sparks, LLC, 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, attorneys’ fees, damages, judgments and liabilities, of whatever kind or nature, in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, related to or arising, directly or indirectly, from my or the Child’s access to and/or use of the Ride Four Ever Skate Park, premises and/or its equipment (whether trampolines or otherwise), the Child’s and/or my entry into the Ride Four Ever Skate Park, the condition, maintenance, inspection, supervision, control or security of the Skate Park, the failure to warn of dangerous conditions in connection with the Skate Park, and/or the acts or omissions of Sparks LLC 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, paralysis or death. I understand that this release and waiver applies not only to use of the skate features, but also all other equipment, and all activities at the Ride Four Ever Skate Park. I understand that this release and waiver applies to and includes all activities that I or my Child engage in at the premises, whether inside or outside the Ride Four Ever Skate Park. In the event that any claim released herein is brought by, or asserted on behalf of, the Releasing Parties, I shall immediately defend, indemnify and hold harmless the Releasees, and any of them, from any loss or liability, including reasonable attorneys' fees, associated therewith or arising therefrom.
On the Child’s and my behalf, I understand and fully acknowledge and agree that all of the risks identified herein and any other risks associated with use of the Skate Park facility and its equipment are beyond the control of the Releasees. I agree and acknowledge that should Sparks or any other Releasee or anyone acting on their behalf, be required to incur attorneys' fees and/or costs to enforce this agreement, I agree to immediately defend, indemnify and hold Sparks LLC and any other Releasee or them harmless for and against all such attorneys’ fees and/or costs.
ARBITRATION OF DISPUTES; WAIVER OF JURY TRIAL; TIME LIMIT TO BRING CLAIM
I, ON BEHALF OF MYSELF AND/OR MY CHILD(REN), HEREBY WAIVE ANY RIGHT I AND/OR MY CHILD(REN) MAY HAVE TO A JURY TRIAL AND AGREE THAT ANY DISPUTES REGARDING ACCESS TO AND/OR USE OF THE RIDE FOUR EVER SKATE PARK PREMISES AND/OR ITS EQUIPMENT, THIS AGREEMENT, AND/OR THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE SHALL BE DETERMINED BY BINDING ARBITRATION. I understand that by agreeing to arbitrate any dispute as set forth in this section, I am waiving my right, and the right(s) of the minor child(ren) above, to maintain a lawsuit against Sparks, LLC and the other Releasees for any and all claims covered by this Agreement. By agreeing to arbitrate, I understand that I will NOT have the right to have my claim determined by a jury, and the minor child(ren) above will NOT have the right to have claim(s) determined by a jury. Reciprocally, Sparks, LLC and the other Releasees waive their right to maintain a lawsuit against me and the minor child(ren) above for any and all claims covered by this Agreement, and they will not have the right to have their claim(s) determined by a jury. ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO MY OR THE CHILD’S ACCESS TO AND/OR USE OF THE SKATE PARK PREMISES AND/OR ITS EQUIPMENT, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE BROUGHT WITHIN ONE YEAR OF ITS ACCRUAL (i.e., the date of the alleged injury) AND BE DETERMINED BY ARBITRATION IN THE COUNTY OF THE SKATE PARK FACILITY, KANSAS, BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS RULE 16.1 EXPEDITED ARBITRATION RULES AND PROCEDURES. 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. This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of Kansas, without regard to choice of law principles. Notwithstanding the provision with respect to the applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Sec. 1-16). I understand and acknowledge that the JAMS Arbitration Rules to which I agree are available online for my review at jamsadr.com, and include JAMS Comprehensive Arbitration Rules & Procedures; Rule 16.1 Expedited Procedures; and, Policy On Consumer Minimum Standards Of Procedural Fairness.
PHOTO/VIDEO/SOCIAL MEDIA WAIVER
In connection with my and the Child’s use of the Skate Park Facility, I consent to the recording of the Child’s and my physical likeness and/or voice through mechanical, photographic, technical, digital, electronic or other means (“Recordings”). I hereby consent to and authorize Sparks LLC 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 any Skate Park Facility. I further agree that the foregoing includes the consent to use the Child’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.
TERM OF AGREEMENT
I understand that this agreement extends forever into the future and will have full force and legal effect each and every time I or my child(ren)/ward(s) visit Ride Four Ever Skate Park, whether at the current location or any other location or facility.
I UNDERSTAND SAFETY IS MY RESPONSIBILITY: I AND EACH CHILD AGREE TO FOLLOW THE CODE OF PATRON RESPONSIBILITY:
a) I acknowledge that there are inherent risks in the participation in or on the Skate Park, and that such risks include not only the use of skate park features, but other activities and equipment. Patrons of the Skate Park who use its features, and those who engage in any other activities or use any other equipment, by participation, accept the risks inherent in such participation of which the ordinary prudent person is or should be aware. Patrons have a duty to exercise good judgment and act in a responsible manner while using the Skate Park and other equipment, and while engaging in such activities. Patrons have a duty to obey all oral or written warnings, or both, prior to or during participation, or both.
b) I have a duty to not participate in any activity within the Skate Park, or engage in any other activity or use any other equipment, when under the influence of drugs or alcohol.
c) I have a duty to properly use all safety equipment provided, whether for the Skate Park, or otherwise.
d) I have a duty to not participate in any activity within the Skate Park, or engage in other activities or use other equipment, if I have pre-existing medical conditions, circulatory conditions, heart or lung conditions, recent surgeries, back or neck conditions, knee or ankle conditions, high blood pressure, known pregnancy, any history of spine, musculoskeletal or head injuries, or if I may be pregnant.
e) I have a duty to avoid bodily contact with other patrons.
f) I have a duty to avoid crowding or overloading individual sections of the Skate Park, or other features or equipment.
g) I have a duty to use the Skate Park, and other equipment, within my own limitations, training and acquired skills.
h) I also agree to follow and obey all posted and stated warnings and patron education signs.
i) I agree to explain all safety rules to each Child I accompany, and to ensure that each Child obeys the safety rules.
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 Ride Four Ever Skate Park, including the manager, do not have the authority to waive any provision of this Agreement. This Agreement constitutes and contains the entire agreement between Sparks, LLC and me relating to the Child’s and my use of the Ride Four Ever Skate Park. There are no other agreements, oral, written, or implied, with respect to such matters. I agree that if any portion of this Agreement is found to be unenforceable, the remaining portions shall remain in full force.
By signing below, I represent and warrant that I am the parent, legal guardian, or power-of-attorney of the above listed Child(ren) and have the authority to execute this Agreement on his/her or their behalf and to act on his/her or their behalf. I have read each and every paragraph in this document and I and they agree to be bound by the terms stated therein, including the release of liability contained therein. I further agree to indemnify and hold harmless the Releasees from any and all claims which are brought by or on behalf of this or these minor Child or Children, or any of them, which are in any way connected with, arise out of, or result from their use of the Ride Four Ever Skate Park. I am 18 years of age or older.
IN SUMMARY, BY MY SIGNATURE BELOW, I ACKNOWLEDGE THAT IF I OR ANY OF MY CHILDREN ARE INJURED IN ANY WAY, THIS WAIVER PREVENTS AND PROHIBITS ANY RECOVERY OF MONEY FROM ANY RIDE FOUR EVER SKATE PARK RELATED ENTITY, EVEN IF I CONTEND SUCH INJURIES ARE THE RESULT OF NEGLIGENCE OF Sparks LLC OR ITS EMPLOYEES.
Dated: November 22, 2019