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Participant Agreement, Release and Assumption of Risk (The Agreement) – Wonderfly Games
I have voluntarily elected to use and, if applicable, to allow the minor child(ren) identified above/below and all minor children under my supervision and referred to individually and collectively herein as “Child”, to use the Wonderfly services and/or Wonderfly Arena facilities. In consideration for being allowed to use said facilities and equipment, and any other services provided by Wonderfly Events LLC or its employees or agents at said location, I represent, acknowledge and agree as follows:
1. Wonderfly Events LLC (“Wonderfly” – this means Wonderfly and its owners, employees, contractors, staff, partners, etc.) rents and provides use of bubble ball suits (“BubbleBalls”), hamster ball inflatable balls (“Hamster Balls”), foam archery equipment (“Arrow Tag”), inflatable gaga ball pit (“Gaga Ball”), Nerf blasters (“Nerf”), Angry Birds launchers (“Angry Birds”), virtual reality headset and controllers (“Virtual Reality”), and water ballon inflation table and water ballon launchers (“Water Balloon Wars”) (collectively together, “Equipment”), under the brand name WONDERFLY GAMES, BUBBLEBALL MD, and WONDERFLY ARENA. BubbleBalls consists of inflatable, plastic balls that fit over one’s body. Hamster Balls consists of inflatable bubbles that fully encase one’s body. Arrow Tag consists of bows and foam-tipped arrows designed to shoot at players and targets.
2. I acknowledge that the activities I participate in using the Equipment are potentially dangerous and that I could be injured or even killed, but I accept them anyway and assume all risks broadly associated with such activities and Equipment (including, but not limited to, the inherent dangers of the Equipment and activities, the negligence or intentional acts of any person including myself or those associated with Wonderfly, inadequate wearing apparel, dangerous ground conditions, natural causes, and all other causes of injury, damage, or loss). If I am injured or receive property damage or loss, I will hold harmless and not make any claim against Wonderfly, or its owners, officers, employees, and agents. I will also indemnify (reimburse) Wonderfly if any other person makes a claim against either entity for anything I did. I will assume responsibility for any damage or injury to others caused by my own failure to follow rules or instructions.
3. I have been informed that using the Equipment may lead to heat exhaustion or other injuries and conditions associated with heat. I accept this risk. It is my responsibility to stop use of the Equipment at the first signs of heat exhaustion and drink fluids.
4. I will be responsible for using the Equipment provided for its intended and instructed use and only under the instruction and direct supervision of a Wonderfly staff member. I agree to abide by all staff instructions at all times or I may be removed from such activities without a refund.
5. If I use the Equipment in any activities not directly associated with its instructed use or not under the instruction and direct supervision of a Wonderfly staff member, I will be fully responsible for any damage or loss that may occur to the Equipment, at the discretion of Wonderfly, and I agree to reimburse Wonderfly for damages incurred.
6. I understand that there is no medical services or insurance provided to me through Wonderfly. In the event that I require medical attention or medical attention is called for me by anyone else, I assume all costs and liability for such services and will not seek reimbursement from Wonderfly. I maintain sufficient insurance or resources for the treatment of any injury.
7. I will not be permitted to use the Equipment while consuming any alcohol or drugs or having recently consumed any alcohol or drugs. In any such case, I will not be entitled to any refund.
8. I understand that the land and property that Wonderfly uses to conduct its activities may not be owned or vetted by Wonderfly, and that because Wonderfly may not be familiar with any dangerous conditions, it has no duty to warn me.
9. At the sole discretion of Wonderfly, the Equipment will not be used in adverse weather conditions including, but not limited to, rain, thunder or lighting, or high winds or unsatisfactory field conditions including, but not limited to, mud, rough or wet terrain, or obstructed surfaces. I agree to abide by the refund and postponement policies of Wonderfly.
10. Wonderfly reserves the right to charge me a cleanup fee, at its sole discretion, if I soil the Equipment beyond normal wear and tear, including but not limited to vomit, excessive mud, blood, or any other substance that requires Wonderfly to extensively clean the Equipment before its next use.
11. The Equipment may not be suitable for persons of certain heights or weights. Wonderfly reserves the right to deny use of the Equipment to any person who may not safely fit into or use the Equipment. I agree to abide by the refund policies of Wonderfly in this situation.
12. In connection with my and the Child’s use of Wonderfly and it's Equipment, 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 Wonderfly 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 the Wonderfly brand. 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.
13. I do not have any mental, physical, or any other health condition that may make my participation in activities using the Equipment inadvisable or dangerous. I will not participate if I have a pre-existing injury or condition that prevents safe play or is at risk of re-occurrence during play.
14. I understand that the Equipment is for organized "games" only. "Free Play" is prohibited. "Games" shall not include animals or vehicles of any kind, deliberately placed hazards, jumps, trampolines, etc.
15. I will not be permitted roll down hills, jump into other participants while using BubbleBall Equipment, or intentionally hit or collide into other players. While incidental contact may occor as a consequence of play, it is prohibited to be the intention of any game.
16. I understand that head-to-head contact, jumping, slide tackling, and hitting from the side or rear is prohibited and will not be tolerated.
17. I will not use any Equipment until I have been briefed by Wonderfly staff on all safety procedures and rules and am given permission to paticipate by Wonderfly staff or employees.
18. I understand that closed toe athletic shoes are required when using BubbleBall Equipment. Cleats, bare feet, flip flops, and socks are prohibited.
19. I understand that the Equipment is not to be used as a gymnastic, circus apparatus or for any use that the Equipmpent is not intended for. It is strictly prohibited to climb, jump, or roll on any Equipment. Only one person is allowed in the BubbleBall or Hamster Ball at a time. It is also prohibited to use the equipment on a slip and slid or on ice, for human bowling, sumo games, last man standing, or any other games that encourage intentional hitting and colliding with other players.
20. I understand that the Equipment is not to be used in or near water.
RELEASE OF LIABILITY
The Releasing Parties hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue Wonderfly, 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 Wonderfly services, premises and/or its Equipment, the Child’s and/or my entry into Wonderfly Arena, the condition, maintenance, inspection, supervision, control or security of Wonderfly Arena, the failure to warn of dangerous conditions in connection with Wonderfly Arena, and/or the acts or omissions of Wonderfly 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 facility, but also all other equipment, and all activities and games at the Wonderfly Arena Facility. 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 Wonderfly Arena Facility. 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 Wonderfly services and it's Equipment and/or the use Wonderfly Arena facility and its equipment are beyond the control of the Releasees. I agree and acknowledge that should Wonderfly 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 Wonderfly and any other Releasee or them harmless for and against all such attorneys’ fees and/or costs.
ARBITRATION OF DISPUTES; 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 Wonderfly services or Equipment and/or the use of Wonderfly Arena premises and/or it's 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 Wonderfly 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, Wonderfly 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 WONDERFLY 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 BALTIMORE COUNTY, MARYLAND 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 Maryland, 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.
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) participate in a Wonderfly related activity or use of Wonderfly services, Equipment and/or use of Wonderfly Arena premises.
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 WONDERFLY RELATED ENTITY.
SEEN & AGREED
Today's Date: June 7, 2020