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RED BANK BOUNCE LLC, PARTICIPANT AGREEMENT, INDEMNIFICATION, GENERAL RELEASE, AND ASSUMPTION

 

BY SIGNING THIS AGREEMENT I AM GIVING UP MY RIGHTS AND THE RIGHTS OF MY SPOUSE AND/OR CHILD(REN) TO SUE RED BANK BOUNCE, LLC FOR ANY INJURY, INCLUDING PARALYSIS OR DEATH, CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR FAULT OF RED BANK BOUNCE, LLC, INCLUDING ANY OF ITS AGENTS, EMPLOYEES AND EQUIPMENT. 

 

In consideration of being allowed to participate in the services and activities, including, but
not limited to, inflatable bouncer access, inflatable bouncer dodge ball, inflatable bouncer basketball, 
inflatable bouncer volleyball, inflatable bouncer obstacle course, inflatable bouncer soccer, snack bar access and any
other amusement activities (collectively “ACTIVITIES”), provided by RED BANK BOUNCE, LLC and its
agents, owners, officers, directors, principals, volunteers, participants, clients, customers,
invitees, employees, independent contractors, insurers, facility operators, land and/or
premises owners, and any and all other persons and entities acting in any capacity on its
behalf (collectively “RED BANK BOUNCE”),I, on behalf of myself, and/or on behalf of my spouse,
minor child(ren)/ward(s), hereby agree to forever release, indemnify and discharge
RED BANK BOUNCE on behalf of myself, my spouse, legal partner, my children, my parents, my
guardians, heirs, assigns, personal representatives and estate, and all other persons and
entities as set forth below. The undersigned, for myself, and/or on behalf of my spouse,
minor child(ren)/ward(s), hereby acknowledges, agrees and represents that immediately upon
entering or participating I will, inspect and carefully consider RED BANK BOUNCE’S premises and
facilities. It is further warranted that such entry into RED BANK BOUNCE’S facilities for observation or
use of any facilities or equipment or participation in ACTIVITIES constitutes an
acknowledgement that such premises and all facilities and equipment thereon have been
inspected and carefully considered and that the undersigned finds and accepts same for
myself, and/or on behalf of my spouse, minor child(ren)/ward(s) as being safe and reasonably
suited for the purpose of such observation, use or participation by myself, and/or by my
spouse, minor child(ren)/ward(s). The undersigned, for myself, and/or on behalf of my
spouse, minor child(ren)/ward(s)hereby represent that (i) I/we are in good health and in
proper physical condition to participate in the activities in which RED BANK BOUNCE provides; and (ii)
I/we are not under the influence of alcohol or any illicit or prescription drugs which would in
any way impair my/our ability to safely participate in activities; (iii) I/we have not been
advised against activities by a health professional. I agree that it is my sole responsibility to
determine whether I/we are sufficiently fit and healthy enough to participate in activities.
The undersigned, for myself, and/or on behalf of my spouse, minor child(ren)/ward(s), agree
to be familiar with and to abide by the rules established for the ACTIVITIES, which include
without limitation the rules posted in the facility and/or the website. The undersigned, for
myself, and/or on behalf of my spouse, minor child(ren)/ward(s), accepts sole responsibility
for my own conduct and actions, as well as the conduct and actions of my spouse, minor
child(ren)/ward(s) while participating in the activities, and the condition and adequacy of the
equipment.


(1)RELEASE OF LIABILITY: Despite all known and unknown risks including but not limited to
serious bodily injury, permanent disability, paralysis and loss of life, I, on behalf of myself,
and/or on behalf of my spouse, minor child(ren)/ward(s) hereby expressly and voluntarily
remise, release, acquit, satisfy and forever discharge and agree not to sue RED BANK BOUNCE,
including its suppliers, designers, installers, manufacturers of any trampoline equipment, foam
pit material, or such other material and equipment in RED BANK BOUNCE’S facility (all hereinafter
referred to as “EQUIPMENT SUPPLIERS”) and agree to hold said parties harmless of and from
any and all manner of actions or omission(s), causes of action, suits, sums of money,
controversies, damages, judgments, executions, claims and demands whatsoever, in law or in
equity, including, but not limited to, any and all claims which allege negligent acts and/or
omissions committed by RED BANK BOUNCE or any EQUIPMENT SUPPLIERS, whether the action
arises out of any damage, loss, personal injury, or death to me or my spouse, minor
child(ren)/ward(s), while participating in or as a result of participating in any of the ACTIVITIES
in or about the premises. This Release of Liability, is effective and valid regardless of whether
the damage, loss or death is a result of any act or omission on the part of RED BANK BOUNCE and/or
any EQUIPMENT SUPPLIERS.


(2) INDEMNIFICATION: I understand that the known and unknown risks may be caused in
whole or in part by my or my spouse or child(ren)/wards own actions or inactions, the actions
or inactions of others participating in activities, or the acts, inaction or negligence of
RED BANK BOUNCE or any EQUIPMENT SUPPLIERS, and in consideration of being allowed, along with
my spouse and/or my minor child(ren)/ward(s) to participate in the ACTIVITIES, I hereby
assume all risk of damage, loss, personal injury, or death to myself, my spouse and/or my
minor child(ren)/ward(s) as a result of the participation in ACTIVITIES in or about the facility,
including any such loss due to any negligence of RED BANK BOUNCE and all EQUIPMENT SUPPLIERS
and agree to indemnify and hold harmless RED BANK BOUNCE and all EQUIPMENT SUPPLIERS from
and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses
whatsoever paid, incurred and/or suffered by RED BANK BOUNCE and all EQUIPMENT SUPPLIERS as a
result of any claims asserted by myself, my spouse and/or child(ren)/ward(s) against
RED BANK BOUNCE and all EQUIPMENT SUPPLIERS, including, but not limited to, any and all
attorneys’ fees, costs, damages and/or judgments RED BANK BOUNCE and all EQUIPMENT SUPPLIERS
incurs in the event of such loss whether caused by the negligence of RED BANK BOUNCE or any
EQUIPMENT SUPPLIERS and that on behalf of myself, my spouse or my minor
child(ren)/ward(s) I further agree to indemnify and hold harmless RED BANK BOUNCE for any injury,
damage and/or harm myself, my spouse and/or my minor child(ren)/ward(s) cause to
RED BANK BOUNCE or its facility and/or to any and all other persons and entities acting in any
capacity on behalf of RED BANK BOUNCE. 


(3) ATTORNEYS’ FEES: I promise to indemnify RED BANK BOUNCE for any attorneys’ fees and/or costs
incurred to enforce this agreement, including all costs associated with any collection efforts.
Further, should any debt and/or judgment accrue in favor of RED BANK BOUNCE, pre-judgment and
post-judgment interest shall accrue thereon at a rate of 18% per annum.


(4) PHOTO RELEASE: By entering RED BANK BOUNCE and participating in the ACTIVITIES, I hereby
grant RED BANK BOUNCE on behalf of myself, my spouse and on behalf of my child(ren)/ward(s), the
irrevocable right and permission to photograph and/or record me, my spouse or my
child(ren)/ward(s) in connection with RED BANK BOUNCE and to use the photograph and/or
recording for all purposes, including advertising and promotional purposes, in any manner 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 the rights granted to this release are without
compensation of any kind.


(5) TERMS 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 spouse and/ or
child(ren)/ward(s) visit RED BANK BOUNCE, whether at the current location or any other location or
facility. The undersigned further expressly agrees that this agreement is intended to be as
broad and inclusive as is permitted by the laws of this state and that if any portion thereof is
held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force
and effect.


(6) VENUE: In the event a lawsuit is filed against RED BANK BOUNCE, I agree to the sole and exclusive
venue of Hamilton County, Tennessee. I further agree that the substantive law of Tennessee
shall apply without regard to any conflict of law rules.

By signing this document, I understand that I may be found by a court of law to have forever
waived my and my spouse and/or child(ren)/ward(s) right to maintain any action against
RED BANK BOUNCE on the basis of any claim from which I have released RED BANK BOUNCE and any
released party herein and that I have assumed all risk of damage, loss, personal injury, or
death to myself, my spouse and/or my minor child(ren)/ward(s) and agreed to indemnify and
hold harmless RED BANK BOUNCE and all EQUIPMENT SUPPLIERS from and against any and all losses,
liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred
and/or suffered by RED BANK BOUNCE and all EQUIPMENT SUPPLIERS as a result of the participation
in ACTIVITIES in or about the facility by myself, my spouse and/or child(ren)/ward(s) and/or
claims asserted by myself, my spouse and/or child(ren)/ward(s) against RED BANK BOUNCE and all
EQUIPMENT SUPPLIERS related to such participation in ACTIVITIES. I have had a reasonable
and sufficient opportunity to read and understand this entire document and consult with legal
counsel, or have voluntarily waived my right to do so. I knowingly and voluntarily agree to be
bound by all terms and conditions set forth herein.

First Participant's Name

First Name*

Last Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First 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:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
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*

Last Name*

Relationship*

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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