Customer Release, Assumption of Risk, Waiver of Liability, and Indemnification Agreement (“Agreement”)This Agreement is dated as of the Effective Date, which is the last date identified below, between West Invest LLC d/b/a Ruff House Family Entertainment Center d/b/a Mobile Ops Tactical Laser Tag, now referred to as “West Invest LLC,” and the undersigned in their capacity (“Adult Participant”) and if any minor(s) is/are named in the signature block below (collectively “Child Participant,” whether one or more) on behalf of and as a parent or legal guardian for such Child Participant(s) (collectively, “Participant”), to and for the benefit of the Protected Parties (as defined below). Accordingly, as valid consideration for entry into the premises (as defined below) and participation in the “Activities” (as defined below) with West Invest LLC, including any of those Activities that may occur in, about, or from the Premises located at 2310 E 23rd Street, Fremont, NE 68025 (the “Premises”) or any other Premises wherever located, the undersigned agrees as follows: For purposes of this Agreement, “Guests” means any individual, including but not limited to friends, family members, spectators, or other invitees, who enters the Premises but is not a Participant as defined above. 1. Nature of the ActivitiesWest Invest LLC is a Family Entertainment Company that allows clients to participate in a variety of physical and recreational Activities, including but not limited to trampoline-related Activities, inflatables, laser tag, rock climbing, Wipeout, an indoor soft play playground, and a dedicated toddler zone. From time to time, Participants may also engage in Activities such as wrestling, or other organized or spontaneous sports and games. These Activities and games can produce many benefits for the client, including pleasure, improved physical fitness, a more attractive appearance, increased energy, greater enjoyment of life, and various health benefits. However, West Invest LLC feels it is essential that Participants understand these Activities are active and vigorous and, consequently, involve risks of injury inherent to the activity. Even though West Invest LLC (a) has designed the facility with safety as a prime concern, (b) provides instruction in some Activities, (c) provides general supervision of Activities, (d) has developed rules and policies that focus on safety, and (e) has almost eliminated the traditional hazard of trampoline jumping (striking a hard surface or the floor), it is impossible to eliminate all risk and possibility of injury. While West Invest LLC strives to provide a safe environment and enforce safety rules, no environment can be made completely risk-free, and West Invest LLC cannot guarantee the prevention of all injuries or accidents.
2. Types of RisksThe Activities available from West Invest LLC include, but are not limited to, general jumping, dodgeball, basketball, Wipeout, tumbling, rock wall climbing, laser tag, indoor playground, aerobics, wrestling, participation in other sports or games, and other Activities. Participation in these Activities involves certain inherent risks that cannot be eliminated, even with the exercise of reasonable care by West Invest LLC. Inherent risks may be divided into two categories. The first category includes risks inherent in participation in any physical activity, such as improper landings, over-exertion, loss of balance, slips, trips, falls, or unexpected failure of equipment, for example, the trampoline surface or its attachments. The second category includes risks specific to the type of Activity being performed. For example, when playing dodgeball, Participants may be injured by the ball or collide with other Participants; in volleyball, Participants may be struck by the ball, collide with another Participant, or strike the net support; in tumbling, Participants may sustain injuries from improper landings, collisions, or performing maneuvers with incorrect technique; in aerobics, Participants may experience over-exertion or muscle strains; and in wrestling or other contact sports, Participants may sustain injuries resulting from physical contact, falls, joint or muscle injuries, or accidental strikes. Other inherent risks include, but are not limited to, unpredictable or unsafe conduct by other Participants, unexpected equipment malfunction or breakage, or errors in judgment or supervision by staff. By participating in any Activity, the Participant acknowledges and assumes all such inherent risks, whether or not specifically described herein. Some areas or Activities may be unsupervised or only generally monitored. Participant acknowledges and assumes all risks associated with participation in any unsupervised or minimally supervised Activities or areas.
3. Types of InjuriesParticipants acknowledge that several types of injuries can occur in connection with the Activities. Such injuries include, but are not limited to, the following: First is the common minor injury. This type includes muscle strains, sprains, bruises, abrasions, and contusions. The second type of injury is a severe injury. Serious injuries include broken bones, ligament and joint injuries, concussions, and eye injuries. The third type of injury is a catastrophic injury. Some catastrophic injuries include brain injury, paralysis, heart attack, and death. Even though the likelihood of such an injury is remote, the Participants should know all possibilities and that contact sports may increase injury risk. 4. Assumption of RisksOn behalf of myself (the Adult Participant) and as the parent or legal guardian of the Child Participant(s), I warrant I have read this Agreement in its entirety, acknowledge that the Activities contain inherent risks which vary depending upon the Activity, understand the demands of the Activities relative to Participant’s physical condition and skill level, appreciate the types of injuries that may occur as a result of the Activities and their potential impact on the safety, well-being, and lifestyle of the Participant, and assert that participation is voluntary and that all Participants knowingly assume all risks inherent with the Activities including contact sports and vigorous games. I Agree 5. Communicable DiseasesParticipant acknowledges the contagious nature of COVID-19 and other communicable diseases and voluntarily assumes the risk of exposure or infection. Participant agrees that the Protected Parties are not liable for any illness or injury arising from such exposure. The next section is a legal release of your right to sue. Please read it carefully
6. Release of ClaimsTO THE FULLEST EXTENT PERMITTED BY LAW, PARTICIPANT (AND ON BEHALF OF HIS OR HER HEIRS, EXECUTORS AND REPRESENTATIVES) HEREBY RELEASES AND AGREES NOT TO SUE WEST INVEST LLC, RUFF HOUSE, MOBILE OPS, LANDLORD’S MORTGAGEES AND MANAGEMENT COMPANY OF THE PREMISES, AND ANY OF THEIR AFFILIATES OR SUBSIDIARIES, RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, AGENTS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, HEIRS, SUCCESSORS, ASSIGNS, VOLUNTEERS, INDEPENDENT CONTRACTORS, EQUIPMENT PROVIDERS, AND INSURERS OF ALL OF THEM (COLLECTIVELY, THE “PROTECTED PARTIES”) FROM AND AGAINST ALL LIABILITIES, LOSSES, DAMAGES, CLAIMS, DEMANDS, ACTIONS, SUITS, CAUSES OF ACTION, COSTS, FEES, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT OR OTHER COSTS) RELATING TO, RESULTING FROM, OR ARISING OUT OF OR ALLEGED TO HAVE ARISEN OUT OF (IN WHOLE OR IN PART) ANY BODILY INJURY TO OR DEATH OF PARTICIPANT OR DAMAGE TO OR LOSS OF PARTICIPANT'S PROPERTY (A) DURING OR RELATING TO PARTICIPANT'S PARTICIPATION, WHETHER ACTIVELY OR PASSIVELY, IN ANY TRAMPOLINE RELATED ACTIVITIES, USE OF ANY EQUIPMENT, INSTRUCTION, TRAINING, CLASSES, OBSERVATION, USE OF ANY PORTION OF THE PREMISES, INCLUDING, BUT NOT LIMITED TO, THE ASSOCIATED SIDEWALKS AND PARKING LOTS, AND ANY COMPETITION, EVENT, OR PROGRAM SPONSORED BY OR AFFILIATED WITH THE PROTECTED PARTIES (COLLECTIVELY, “ACTIVITIES”), (B) OCCURRING IN AND/OR ABOUT THE PREMISES (INCLUDING THE PREMISES) WHERE ANY OF THE ACTIVITIES ARE TAKING PLACE, CONDUCTED, OR PERFORMED BY PARTICIPANT OR ANYONE ELSE, OR IN TRANSPORTATION TO AND FROM ANY OF THE ACTIVITIES, (C) RESULTING FROM DAMAGE TO, LOSS OF, OR THEFT OF PERSONAL PROPERTY OF PARTICIPANT (D) THE RIGHT TO SUE THE PROTECTED PARTIES FOR ANY LOSS SUFFERED BY PARTICIPANT, PARTICIPANT’S HEIRS, EXECUTORS, FAMILY, PARENTS, AND/OR GUARDIANS OR DUE TO THE NEGLIGENCE, FAULT, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT OF THE PROTECTED PARTIES. THE RELEASE CONTAINED IN THIS PARAGRAPH WILL APPLY EVEN IF ANY SUCH INJURY OR DAMAGE IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, FAULT, OR STRICT LIABILITY OF THE PROTECTED PARTIES OR PARTICIPANTS. 7. Indemnity. ADULT PARTICIPANT (ON HIS/HER BEHALF, ON BEHALF OF THE CHILD PARTICIPANT(S), IF ANY, AND ON BEHALF OF EACH SUCH PARTICIPANT’S HEIRS, EXECUTORS AND REPRESENTATIVES) AGREES TO INDEMNIFY, DEFEND, RELEASE, AND HOLD HARMLESS THE PROTECTED PARTIES FROM AND AGAINST ALL CLAIMS, CAUSES OF ACTION, SUITS, LOSSES, LIABILITIES, DAMAGES, FINES, PENALTIES, LIENS, JUDGMENTS, SETTLEMENTS, PROCEEDINGS, COSTS, FEES, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT OR OTHER COSTS) OF ANY NATURE WHATSOEVER FOR OR RELATING TO DEATH, BODILY INJURY OR PROPERTY LOSS OR DAMAGE RESULTING FROM, RELATING TO, OR CAUSED BY (WHETHER IN WHOLE OR IN PART) ANY OF THE FOLLOWING MATTERS (WHICH NECESSARILY INCLUDE ALL CLAIMS THAT DO OR MAY BELONG TO THE CHILD PARTICIPANT(S)): (A) PARTICIPANT'S ACTS, OMISSIONS OR PRESENCE ON OR ABOUT ANY PART OF THE PREMISES OR OTHER PREMISES WHERE ACTIVITIES ARE TAKING PLACE, CONDUCTED, OR PERFORMED BY PARTICIPANT OR ANYONE ELSE, (B) PARTICIPANT'S ACTIVE OR PASSIVE PARTICIPATION IN, OR OBSERVANCE OF, ANY OF THE ACTIVITIES; (C) ANY CLAIMS ARISING OUT OF THE NEGLIGENT, GROSSLY NEGLIGENT, OR WILLFUL ACTS OR OMISSIONS OF PARTICIPANT OR ANY GUEST OR INVITEE OF WEST INVEST LLC, OR (D) PARTICIPANT'S USE OF ANY FIXTURES, EQUIPMENT OR PERSONAL PROPERTY IN, ON OR ABOUT PREMISES OR OTHER PREMISES WHERE ACTIVITIES ARE TAKING PLACE, CONDUCTED, OR PERFORMED BY PARTICIPANT OR ANYONE ELSE. THE INDEMNITY CONTAINED IN THIS PARAGRAPH WILL APPLY EVEN IF ANY SUCH INJURY OR DAMAGE IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, FAULT, OR STRICT LIABILITY OF THE PROTECTED PARTIES OR PARTICIPANT BUT WILL NOT APPLY TO THE EXTENT ANY SUCH INJURY OR DAMAGE IS CAUSED BY THE WILLFUL MISCONDUCT OF THE PROTECTED PARTIES. 8. Drop-Off Guidelines I Agree West Invest LLC is not a licensed childcare center and does not provide supervision of children beyond general safety and rule enforcement. Drop-off privileges are available only to children whom their families consider old enough and responsible enough to be left home alone. If a child may stay home with an older sibling, but not alone, they may attend with that sibling. At least one group member must know or have access to the parent or guardian’s phone number, and guardians must remain reachable by phone at all times while their child(ren) are on the Premises. All Guests must comply with rules and staff instructions, remain in designated public areas, and demonstrate respectful behavior toward staff and other Guests. West Invest LLC reserves the right to address any unsafe, disrespectful, or disruptive behavior. Consequences for such behavior may include, but are not limited to: (a) sitting out of play or Activities; (b) watching a safety video; (c) being asked to leave for the day; or (d) temporary or permanent loss of drop-off privileges. West Invest LLC enforces a Three Strikes Policy for behavioral issues: Each documented behavioral issue (strike) will be recorded. An “offense” is defined as the accumulation of three (3) documented behavioral issues. Upon an offense (three strikes), the following disciplinary actions will apply: (i) first offense—loss of drop-off privileges for 1 week and 2 accompanied visits; (ii) second offense—loss of drop-off privileges for 4 weeks and 8 accompanied visits; (iii) third offense—permanent loss of drop-off privileges. After an offense, the child must be accompanied by a parent or responsible adult (age 19 or older) at all times for the specified duration and must complete the required number of accompanied visits before privileges are reinstated. After each restriction period, management may reinstate drop-off privileges at its discretion if behavior improves. West Invest LLC reserves the right to take disciplinary action at its sole discretion, including immediate suspension or termination of drop-off privileges at any time. If a Guest cannot follow the rules, or as otherwise determined by West Invest LLC staff, a parent or responsible adult (age 19 or older) may be required to pick up the Guest immediately. Management may reinstate privileges at its discretion if behavior improves.
Timely Pick-Up Requirement:
Parents and guardians agree to pick up their child(ren) no later than the designated closing time or the end of their scheduled session. A 10-minute grace period will be allowed; after that, a late pick-up fee of $2 per minute per child will be charged. Repeated late pick-ups may result in suspension or permanent loss of drop-off privileges. If a parent or guardian fails to pick up their child(ren) on time, West Invest LLC reserves the right to take appropriate action, including contacting emergency contacts or local authorities if necessary.
Parents or guardians who remain on the Premises are responsible for supervising their own children, unless the child is formally checked in under drop-off procedures. 9. Medical Fitness, Emergency Aid, and Consent to Medical TreatmentMedical Fitness: Participant (or parent/guardian) affirms that neither the Adult Participant nor the Child Participant(s) has health problems that would prevent safe participation in the Activities. Participant also agrees to attempt only Activities they believe they can perform safely and to stay in areas that will not endanger the Participant. Medical Clearance: West Invest LLC recommends that all Participants receive medical clearance from their physician before participating in the Activities. Responsibility to Disclose and Cease Participation: The Participant must inform West Invest LLC and cease participation in the Activities if they experience any unusual discomfort, including but not limited to faintness, shortness of breath, high anxiety, or chest pains. Emergency Aid and Medical Care: West Invest LLC may, but is not required to, administer emergency aid, CPR, and use an AED (defibrillator) when deemed necessary. West Invest LLC may, but is not required to, secure emergency medical care or transportation (i.e., EMS) when deemed necessary. If staff determine that the Participant is incapable of safely participating in the Activities, they may terminate the Participant’s participation. Consent to Medical Treatment: Participant (or parent/guardian) hereby authorizes West Invest LLC staff to obtain or provide emergency medical care, including hospital transport, as deemed necessary, and accepts financial responsibility for any associated costs. Participant acknowledges that West Invest LLC is not required to provide such care or assistance and shall not be liable for any damages caused or resulting from the administration or provision of such procedures or care. 10. Smoking/Drug/Alcohol PolicyThe use, possession, or distribution of tobacco, vaping products (including e-cigarettes), marijuana (including medical marijuana), CBD, hemp products, illegal drugs, or alcohol is strictly prohibited at all times and in all areas of the Premises, including indoor and outdoor spaces, parking lots, and surrounding property. Any Participant or Guest found to be in violation of this policy will be directed to cease such activity and may be asked to leave the Premises. If staff observe the use or possession of a substance that is possibly illegal, or if a Participant or Guest is belligerent or disruptive, law enforcement may be notified at the sole discretion of West Invest LLC. 11. Dispute ResolutionA. Arbitration: If a dispute arises under this Agreement or from the Participant’s use of the Premises or participation in the Activities, the Participant shall engage in reasonable faith efforts to mediate a settlement before filing a demand for arbitration. Should the dispute not be resolved by mediation, West Invest LLC and the Participant agree that instead of resolving the dispute by a judge or jury in a court of law, any dispute or claim arising out of or relating to this Agreement, the breach thereof, the Premises, Activities, property damage (real or personal), personal injury (including death), or the scope, arbitrability, or validity of this arbitration agreement (“Dispute”) shall be brought by the parties in their capacity and not as a plaintiff or class member in any purported class or representative capacity, and shall be settled by binding arbitration before a single arbitrator administered by the American Arbitration Association (“AAA”) per its Commercial Industry Arbitration Rules in effect at the time the demand for arbitration is filed. Judgment on the arbitration award may be entered in any federal or state court with jurisdiction. No award shall exceed either party's claim amount, and the arbitrator shall have no authority to award punitive or exemplary damages. If the AAA cannot hear the Dispute for any reason, the Dispute shall be heard by an arbitrator mutually selected by the parties. If the parties cannot agree upon an arbitrator, then either party may petition an appropriate court to appoint an arbitrator. The arbitration shall be subject to the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and the Nebraska Uniform Arbitration Act (Chapter 25, Article 26 of the Nebraska Statutes). If either party files suit in violation of this paragraph (except to toll the statute of limitations), such party shall reimburse the other for their costs and expenses, including attorneys’ fees, incurred in seeking abatement of such suit and enforcement of this paragraph.
B. Waiver of Jury Trial:ADULT PARTICIPANT ON BEHALF OF THEMSELF AND THE CHILD PARTICIPANT AND WEST INVEST LLC AT THE MOMENT KNOWINGLY AND VOLUNTARILY, WITH FULL AWARENESS OF THE LEGAL CONSEQUENCES, AGREES TO WAIVE ALL RIGHT TO A BENCH TRIAL AND A TRIAL BY JURY OF ANY CLAIMS ARISING FROM USE OF THE PREMISES OR PARTICIPATION IN THE ACTIVITIES. 12. AuthorityAs the parent or legal guardian of the Child Participant(s), the undersigned represents to the Protected Parties that they have the legal capacity and authority to act for and on behalf of the Child Participant(s) and agrees to INDEMNIFY, DEFEND AND HOLD HARMLESS the Protected Parties from and against all claims or liabilities resulting from or relating to any insufficiency of the undersigned's legal capacity or authority to act for or on behalf of the Child Participant(s) in the execution of this Agreement. 13. Misc. TermsCapitalized terms shall have the meaning set forth herein. This Agreement constitutes the entire agreement between the Protected Parties and the Participant, supersedes any previous oral or written promises or agreements, and may only be modified in writing.
The Participant further expressly agrees that this Agreement is intended to be as broad and inclusive as is permitted by the laws of Nebraska. If any portion or provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, it is agreed that such invalidity or unenforceability shall not affect any other provision, and the balance of this Agreement shall continue in full legal force and effect.
Venue for any arbitration or other allowable action brought hereunder or as a result of Participant’s use of the Premises or participation in the Activities shall lie in Dodge County, Nebraska, and only the substantive laws of Nebraska shall apply.
Wherever any words are used herein in the masculine or feminine gender, they shall be construed as though they were also used in another gender in all cases where they would so apply.
Personal Property:West Invest LLC, Ruff House, and Mobile Ops are not responsible for lost, stolen, or damaged personal property belonging to any Participant or Guest.
Rules and Policies:Participant acknowledges that rules, guidelines, and policies are subject to change at any time at the sole discretion of West Invest LLC, and agrees to comply with the most current version as posted or communicated by staff.
Video Surveillance: Participant acknowledges that the Premises may be monitored by video surveillance for safety and security purposes. Participants and Guests may take photographs or videos for personal, noncommercial use while on the Premises. Participant understands and agrees that they may be incidentally photographed or recorded by other Guests and waives any expectation of privacy or claims arising from such incidental inclusion. Weather/Emergency Closures: In the event of severe weather, emergency, or other unforeseen circumstances, West Invest LLC may close or evacuate the Premises at its discretion. No refunds or credits will be issued for closures due to weather or emergencies. 14. Communication TermsBy signing below, the Participant authorizes West Invest LLC to communicate with them via email, text, and other communication avenues. The Participant opts in to receive texts from West Invest LLC—unlimited monthly messages. Msg/data rates may apply. 15. Duration of AgreementThis waiver shall remain in full force and effect from the date of signature for all entry to the Premises and participation in Activities, unless and until expressly revoked in writing by the Participant (or parent/guardian, if applicable). The waiver remains effective and enforceable regardless of any administrative expiration, renewal requests, or updates required by West Invest LLC. West Invest LLC may require updated waivers or information for continued participation, but any previously signed waiver remains in effect unless revoked in writing. 16. Acknowledgment & UnderstandingParticipant represents to the Protected Parties that they thoroughly understand this is a complete and final release and indemnity agreement, they are voluntarily entering into this Agreement, and no representations, promises, or statements made by any of the Protected Parties have influenced Participant in signing this Agreement. Participant agrees that there are no oral agreements, representations, promises, or warranties that are not expressly set forth herein and that they are not relying on any statements or representations of the Protected Parties that are not expressly contained herein. Participant acknowledges that they have read this Agreement in its entirety, fully understands its terms, and understands that they are giving up substantial rights herein, including their right to sue. Participant acknowledges that they are signing this Agreement freely and voluntarily and intends, by Participant’s signature, to completely and unconditionally release the Protected Parties from all liability due to ordinary negligence and the inherent risks of the Activities to the greatest extent permitted by the laws of Nebraska. 17. LicenseFor good and valuable consideration, the receipt of which is at this moment acknowledged, Adult Participant, on behalf of themself and the Child Participant, irrevocably grants Ruff House, Mobile Ops, West Invest LLC, and all franchisees, affiliates, and corporate stores of West Invest LLC (collectively, “Company”) and Company’s assigns, licensees and successors the right to use all or a portion of my image (including real and personal property owned by me) and name in all forms and media including composite or modified representations for all purposes, including advertising, trade or any commercial purpose throughout the world and in perpetuity. ADULT PARTICIPANT, ON BEHALF OF THEMSELF AND THE CHILD PARTICIPANT, WAIVES THE RIGHT TO INSPECT OR APPROVE VERSIONS OF IMAGES USED FOR PUBLICATION OR THE WRITTEN COPY THAT MAY BE USED IN CONNECTION WITH THE IMAGES. ADULT PARTICIPANT, ON BEHALF OF THEMSELF AND THE CHILD PARTICIPANT, RELEASES THE COMPANY AND THE COMPANY’S ASSIGNS, LICENSEES, AND SUCCESSORS FROM ANY CLAIMS THAT MAY ARISE REGARDING THE USE OF MY STATEMENTS OR IMAGES, INCLUDING ANY CLAIMS OF DEFAMATION, INVASION OF PRIVACY, OR INFRINGEMENT OF MORAL RIGHTS, RIGHTS OF PUBLICITY OR COPYRIGHT. The company is permitted, although not obligated, to include my name as a credit in connection with the image. The company is not obligated to utilize any of the rights granted in this Agreement. IF I AM SIGNING THIS DOCUMENT ON BEHALF OF MY SPOUSE, CHILD, FAMILY MEMBER, FRIEND, MINOR CHILD, OR OTHER PERSON, I EXPRESSLY WARRANT AND REPRESENT TO WEST INVEST LLC THAT I HAVE SUCH PERSON’S ACTUAL AND IMPLIED AUTHORITY TO EXECUTE THIS AGREEMENT ON THEIR BEHALF, INCLUDING, BUT NOT LIMITED TO, THE ARBITRATION CLAUSE, WAIVER AND RELEASE, AND INDEMNITY AGREEMENT.
I REPRESENT THAT I AM THE PARENT OR LEGAL GUARDIAN OF THE PARTICIPANT(S) NAMED IN THIS WAIVER, OR I OBTAINED PERMISSION FROM THE PARENT/LEGAL GUARDIAN OF THE PARTICIPANT(S) NAMED IN THIS WAIVER TO EXECUTE THIS AGREEMENT ON THEIR BEHALF.
I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS AGREEMENT. ACCORDINGLY, I HAVE READ AND UNDERSTOOD THIS AGREEMENT, AND I AGREE TO BE BOUND BY ITS TERMS. |
