This is a CONTRACT, IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ BEFORE SIGNING
In consideration of being permitted by PLAY MOUNTAIN to participate in its activities and to use its equipment and facilities, now and in the future, I hereby agree to release, indemnify and discharge PLAY MOUNTAIN, its agents, shareholders, owners, directors, partners, employees, volunteers, manufacturers, participants, lessors, affiliates, its subsidiaries, related and affiliated entities, successors and assigns (the “released parties”), on behalf of myself, my children, my spouse, my parents, my heirs, assigns, personal representative and estate as follows:
I acknowledge that any participation at PLAY MOUNTAIN entail known risks and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property or to third parties. I understand and acknowledge those risks may result in personal claims against the released parties. These risks include but in no way are limited to the following:
All playground equipment at PLAY MOUNTAIN entail certain risks that simply cannot be eliminated without jeopardizing the essential qualities of the activity. Participants are exposed to the usual risk of cuts and bruises. Other more serious risks exist as well. Participants often fall off equipment, sprain or break ankles and wrists, and can suffer more serious injuries. Employees of PLAY MOUNTAIN all seek safety, but they are infallible. They may give incomplete warnings or instructions, and the equipment being used might become loose, out of adjustment, or malfunction. Risks include injury from latent or apparent defects or conditions in equipment, property or the facilities provided by PLAY MOUNTAIN or their employees or agents. Employees may be negligent in, among other things, monitoring and supervising use of its equipment and facilities and in the maintenance and repair of its equipment and facilities. Risks also include the unexpected behavior of co-participants, if any. First aid, emergency treatment or services rendered or failed to be rendered also have potential risk. I understand and acknowledge that the above list is not complete or exhaustive, and that other risks, known or unknown, identified or unidentified, anticipated or unanticipated may also result in injury, death, illness, disease, or damage to myself, the released party or to my property.
I voluntarily agree to accept and assume all of the responsibilities, and risks existing in this activity, including but not limited to injury, death, illness or disease or damage to myself, the released parties, or to my property arising from the participation in this activity. I expressly agree, covenant and promise to accept all responsibilities and risks.
Release and indemnity: I hereby voluntarily release, forever discharge, and agree to defend, indemnify and hold harmless released parties from any and all claims, demands, or cause of action, which are in any way connected with my participation in this activity or my use of PLAY MOUNTAIN equipment or facilities, including any such claims which allege negligent acts or omissions of released parties. I further agree, promise and covenant, on behalf of myself and the released party, to hold harmless and to indemnify PLAY MOUNTAIN and their agent or employees, and all other persons or entities from all defense costs, including attorney’s fees, or from any other costs incurred in connection with any claim or lawsuit filed against released parties as a result of the participation in this activity.
I certify that I have adequate insurance to cover any injury or damage that I may cause or suffer while participating, or else I agree to bear the cost of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition that all participants may have.
In the event that I file a lawsuit against PLAY MOUNTAIN, I agree to do so solely in the state of California and I further agree that the substantive law of California shall apply in the action without regard to the conflict of the law 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.
I agree as a participant, or the legal guardian of a minor participant, in consideration of being permitted to participate at PLAY MOUNTAIN, grant PLAY MOUNTAIN, and all released parties, the irrevocable right and permission to photograph and/or record me or my child(ren) in connection with PLAY MOUNTAIN to use the photograph and/or recording for all purposes, including advertising and promotional purposes. I waive any right to inspect or approve the use of photograph and/or recording, and acknowledge and agree that the right granted to this release are without compensation of any kind. All photographs and or recordings are exclusive to PLAY MOUNTAIN.
If the participant is a minor, I agree that this release of liability and assumption of risk agreement is made on behalf of that minor participant and that all of the releases, waivers and promises herein are binding on that minor participant. I represent that I have full authority as parent or legal guardian of the minor participant to bind the minor participant in this agreement. I further agree to defend, indemnify and hold harmless PLAY MOUNTAIN from any and all claims or suits for personal injury, property damage or otherwise which are brought by, or on behalf of the minor, and which are in any way connected with such use or participation by the minor, including injuries or damages caused by the negligence of released parties.
In consideration of not being required to sign a fresh copy of this release before each visit, I further agree that this release shall apply to all future visits by me and by the minor participant until he/she is 18 years old.
By signing this document, I acknowledge that if anyone is hurt or property damaged during my participation in this activity, I may be found by a court of law to have waived my or the minor participant’s right to maintain a lawsuit against PLAY MOUNTAIN or any released parties 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.
Date: November 22, 2019