(PLEASE READ THIS DOCUMENT CAREFULLY, BY SIGNING IT, YOU ARE GIVING UP YOUR AND/OR YOUR SPOUSE AND MINOR’S LEGAL RIGHTS)
BY SIGNING THIS AGREEMENT I AM GIVING UP MY RIGHTS AND THE RIGHTS OF MY SPOUSE AND/OR CHILD(REN) TO SUE TRAMPOLINE SPORTZ OR ITS LLC FOR ANY INJURY, INCLUDING PARALYSIS OR DEATH, CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR FAULT, 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, trampoline park access, trampoline dodge ball, trampoline basketball, aerial training, fitness classes, trampoline courts, foam pit activities and snack bar access and any other amusement activities (collectively “ACTIVITIES”), provided by ZERO GRAVITY OF SEATTLE LLC dba TRAMPOLINE JUMP or TRAMPOLINE SPORTZ 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 operating as “TRAMPOLINE SPORTZ”),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 TRAMPOLINE SPORTZ 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 TRAMPOLINE SPORTZ premises and facilities. It is further warranted that such entry into TRAMPOLINE SPORTZ 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 TRAMPOLINE SPORTZ 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 TRAMPOLINE SPORTZ, including its suppliers, designers, installers, manufacturers of any trampoline equipment, foam pit material, or such other material and equipment in TRAMPOLINE SPORTZ 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 TRAMPOLINE SPORTZ 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 TRAMPOLINE SPORTZ 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 TRAMPOLINE SPORTZ 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 TRAMPOLINE SPORTZ and all EQUIPMENT SUPPLIERS or its employees and agree to indemnify and hold harmless TRAMPOLINE SPORTZ 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 TRAMPOLINE SPORTZ, there employees and all EQUIPMENT SUPPLIERS as a result of any claims asserted by myself, my spouse and/or child(ren)/ward(s) against TRAMPOLINE SPORTZ and all EQUIPMENT SUPPLIERS, including, but not limited to, any and all attorneys’ fees, costs, damages and/or judgments TRAMPOLINE SPORTZ and all EQUIPMENT SUPPLIERS incurs in the event of such loss whether caused by the negligence of TRAMPOLINE SPORTZ 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 TRAMPOLINE SPORTZ for any injury, damage and/or harm myself, my spouse and/or my minor child(ren)/ward(s) cause to TRAMPOLINE SPORTZ or its facility and/or to any and all other persons and entities acting in any capacity on behalf of TRAMPOLINE SPORTZ.
(3) ATTORNEYS’ FEES: I promise to indemnify TRAMPOLINE SPORTZ 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 TRAMPOLINE SPORTZ, pre-judgment and post- judgment interest shall accrue thereon at a rate of 18% per annum.
(4) PHOTO RELEASE: By entering TRAMPOLINE SPORTZ and participating in the ACTIVITIES, I hereby grant TRAMPOLINE SPORTZ 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 TRAMPOLINE SPORTZ 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 TRAMPOLINE SPORTZ, 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 TRAMPOLINE SPORTZ, I agree to the sole and exclusive venue of King County, WASHINGTON. I further agree that the substantive law of WASHINGTON 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 ZERO GRAVITY OF SEATTLE LLC dba TRAMPOLINE SPORTZ on the basis of any claim from which I have released TRAMPOLINE SPORTZ 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 TRAMPOLINE SPORTZ 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 TRAMPOLINE SPORTZ 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 TRAMPOLINE SPORTZ 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.
As the user of an Trampoline Sportz owned recreational facility, I agree (hereafter the phrase “I” or “my” includes my minor children, legal ward or minors in my charge), am voluntarily participating in the activities offered by Trampoline Sportz including, but not limited to, the use of the equipment, facilities and the premises. Therefore I am assuming all risk of personal injury, death, or disability that may result from this active participation, or any damage, loss or theft of any personal property which I may incur. I understand that using and/or participating in Trampoline Sportz services or activities have inherent risks. Further, I haveexplained these risks to my minor child to the best of my ability.
I acknowledge that participation in any trampoline games or activities involves known, unknown and unanticipated risks that could result in physical and emotional injury, paralysis, death, or damage to me, my minor children, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. Trampolines expose its participants to the usual risk of cuts and bruises.
Other more serious risks exist as well. Participants often fall off equipment, sprain or break wrists, ankles and legs, and can suffer more serious injuries as well. Traveling to and from trampoline locations raises the possibility of any manner of transportation accidents.
Participants often fall on each other resulting in broken bones and other serious injuries.
Double bouncing (more than one person per trampoline) can create a rebound effect causing serious injury. Flipping and running and bouncing off the trampoline walls is dangerous and can cause serious injury and must be done at the participants own risk. In any event, if I am injured, or anyone in my care or charge as stated below, I realize I may require medical assistance, at my own expense. Furthermore, I understand that Trampoline Sportz 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.
I agree that any legal matter associated with my participation in an Trampoline Sportz recreational facility will be conducted in the state of WASHINGTON ONLY, and I further agree that the substantive laws of WASHINGTON STATE shall apply in any such matter without regard to the conflict of law or rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my or my charges
participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against TRAMPOLINE SPORTZ on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
I expressly agree and promise to accept and assume all of the risks existing in this activity onbehalf of myself, child or ward. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Trampoline SPortz from any and all claims, demands, or causes of action, which are in any way connected with my participation in Trampoline activities or my use of equipment or facilities including any such claims which allege negligent acts or omissions of Trampoline Sportz.
I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.Should Trampoline Sportz and there parent company or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
This agreement shall also include the release of liability of all companies either owned or operated by the Zero Gravity of Seattle LLC or there subsidiaries, its owners or it current and future business holdings.
You MUST be 18 years old or older to sign your own waiver|
You MUST be the Parent or Legal Guardian to sign for a minor (under age 18)
We reserve the right to review your license and/or other forms of ID to verify identity and age.
We reserve the right to refuse the services to anyone without any reasons provided above.
Today's Date: April 5, 2020