Participant Agreement, Release and Assumption of Risk (The Agreement) – Wonderfly Arena
PLEASE ONLY VISIT WONDERFLY ARENA IF THE FOLLOWING APPLY:
(1) You are willing to practice social distancing and maintaining at least six feet between individuals in all areas of the Wonderfly Arena Facility; (2)You are healthy enough to participate, and do not have symptoms of COVID-19 such as feeling sick, coughing, sneezing, shortness of breath, fever or are not feeling well; (3)You do not live with or visited a person or family member that has been diagnosed with or suspected of having COVID-19; (4) you consent to having you (or your minor child’s) temperature checked upon entering the park.
ADDENDUM TO PARTICIPATION AND ARBITRATION AGREEMENT ADDING WAIVER/RELEASE FOR COMMUNICABLE DISEASES INCLUDING COVID-19 ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT
In consideration of being allowed to participate in any or all of the services and activities, including, but not limited to, those set forth in the Participation and Arbitration Agreement and any related events and activities, the undersigned acknowledges, appreciates, and agrees that: (1) Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and, (2) Participant for myself, and/or on behalf of my spouse, and minor child(ren)/ward(s) KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and, (3) agree to comply with the stated and customary terms and conditions for participation with respect to protection against infectious diseases and if I observe any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest management employee immediately; and (4) that I, as parent/guardian, with legal responsibility for any minor participant, have read and explained the provisions in this waiver/release to my child/ward including the risks of presence and participation and his/her personal responsibilities for adhering to the rules and regulations for protection against infectious diseases; and, (5) I, for myself and/or on behalf of my spouse, and minor child(ren)/ward(s) as well as on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS Wonderfly Events LLC, Jb Performance, and Greenspring Realty Partners, Inc. its officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, owners, parent companies, affiliated entities and lessors of premises (“RELEASEES”), WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IF FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
I have voluntarily elected to use and, if applicable, to allow the minor child(ren) identified above and all minor children under my supervision and referred to individually and collectively herein as “Child”, to use the Wonderfly facilities and equipment located at 4811 Benson Ave., Arbutus, MD 21227 (“Wonderfly Arena”). 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, or any other location within the State of Maryland, I represent, acknowledge and agree as follows:
I acknowledge and agree that this Agreement covers and is intended to release and provide other benefits, legal protections, and consideration to Wonderfly Events LLC, Wonderfly Games, Wonderfly Arena and their respective and collective agents, owners, officers, managers, contractors, affiliates, volunteers, participants, employees, and all other persons or entities acting in any capacity on their respective or collective behalf (collectively, “Wonderfly”).
Wonderfly rents and provides use of bubble ball suits (“BubbleBalls”), hamster ball inflatable balls (“Hamster Balls”), foam archery equipment (“Arrow Tag”), virtual reality, video games, dodgeball, and Nerf guns ("Nerf") (collectively together, “Equipment”). 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. Virtual reality consists of a controllers and a wired headset that covers your face and displays imagery within the headset of different games and experiences. Dodgeball consists of foam balls that are thrown at other players. Nerf consists of plastic guns designed to shoot foam ammunition at players and targets.
I AGREE TO HOLD HARMLESS, RELEASE, AND DISCHARGE WONDERFLY FROM ANY AND ALL LIABILITY FOR INJURIES, CLAIMS, AND/OR DAMAGES, WHETHER KNOWN OR UNKNOWN, ANTICIPATED OR UNANTICIPATED, EVEN IF I CONTEND THAT SUCH INJURIES, CLAIMS, OR DAMAGES ARE THE RESULT OF NEGLIGENCE OF WONDERFLY OR ITS EMPLOYEES.
RELEASE OF POTENTIAL INJURIES
I acknowledge and agree that the use of BubbleBall, Hamster Balls, Arrow Tag, Virtual Reality, Video Games, Dodgeball, Nerf and the other equipment at the Wonderfly Arena facility and that participating in BubbleBall, Hamster Balls, Arrow Tag, Virtual Reality, Video Games, Dodgeball, and Nerf activities is inherently and obviously dangerous. These risks include serious physical or emotional injury, paralysis, death, damage to myself, the Child, and/or third parties, and damage to personal property of any or all such persons. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity, which I further agree is for recreational purposes and completely voluntary. I acknowledge and agree that, while the facility and other activities that take place at the Wonderfly Arena are monitored generally by Wonderfly staff, it is not feasible for such employees to monitor the activities and actions of all participants at all times or all participants simultaneously. Furthermore, Wonderfly staff 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.
SPECIFIC RELEASE FOR “GLOW” ACTIVITIES
I acknowledge that Wonderfly Arena may at any time engage in a promotion referred to as “Glow/Black Light”, and other similar programs and activities, that involve the use of reduced and altered or theatrical lighting and special effects, which can increase the inherent and obvious dangers of the activity and can lead to physical or emotional injury, paralysis, death, or damage to myself, the Child, and/or third parties, and damage to personal property of any or all such persons. I understand that special rules apply to “Glow” activities, and the other programs and activities that involve the use of reduced and altered or theatrical lighting and special effects, and that I and the Child may choose not to participate in such activities. I acknowledge and agree that I and the Child may participate voluntarily in the “Glow” and other similar programs and activities solely and exclusively at our own risk, and that by participating, we waive the right to seek damages for any injuries that occur.
VOLUNTARY ASSUMPTION OF RISK
I acknowledge and agree that I and the Child are participating voluntarily at our own risk. I acknowledge and agree that the actions or activities of other customers or the actions or inactions of Wonderfly staff could cause me or the Child significant bodily injury (as described in this Agreement), and that Wonderfly is not responsible for the actions or activities of customers using Wonderfly Arena or the negligence of its staff in supervising the Wonderfly Arena or its usage, including actions, activities, or omissions that result in such harm. Some of the risks include, but are not limited to, the following:
a) Participants may die or become paralyzed, partially or fully, through their use of Wonderfly Arena and participation in Wonderfly activities.
b) Participants may suffer cuts, scrapes, bumps, bruises, the transmission of viruses, disease strains and allergic reactions through use of the Wonderfly Arena equipment or contact with other participants or surfaces they have contacted. Participants may sprain, pull, break or otherwise seriously externally or internally injure their head, face (including nose and teeth/jaw), neck, torso, spine, arms, wrists, hands, legs, ankles, feet or other body parts as a result of equipment use or making contact with other participants. As noted in paragraph a) above, such injuries can lead to paralysis, disfigurement or death. Participation may result in heat stroke, heart attacks, dehydration and other exertion-related medical events.
c) An inherent risk of exposure to COVID-19 exists in any public place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and death. According to the Centers for Disease Control and Prevention, senior citizens and guests with underlying medical conditions are especially vulnerable. By visiting Wonderfly Arena or any Wonderfly premises, you voluntarily assume all risks related to exposure to COVID-19.
d) Participants may fall on each other, resulting in broken bones and other serious injuries. Flipping, running and bouncing off of the walls and other participant body movements (whether planned or unplanned) can create a rebound effect and lead to unpredictable body movements and anticipated or unanticipated bodily contact, any or all of which can lead to serious injury.
e) Traveling to and from various areas/fields of play can result in similar physical injury (even if the participant is not himself or herself playing at the time).
f) Observing, standing, sitting or taking photographs/video at or near any area of play or activity can result in similar physical injury (even if the observer is not himself or herself participating at the time).
g) Participation during reduced or altered lighting “Glow” events can affect depth perception and visibility and may cause me and/or my Child to fall, slip, misstep, collide with others, or collide with equipment which can result in a greater risk of serious physical or emotional injury, paralysis, or death.
AGREEMENT TO PAY MY OWN MEDICAL EXPENSES
I acknowledge, accept, and assume the risk of any and all medical conditions, limitations, or disabilities (whether temporary or permanent) that I or the Child possess, whether known or unknown, which might contribute to or exacerbate any injury I or the Child might sustain as a result of using the Wonderfly Arena Facility or any of its equipment. I acknowledge and agree that if medical assistance (of any form, including emergency care, hospitalization, out-patient care, and/or physical therapy) is required or performed as a result of any injury I or the Child sustains while using the Wonderfly Arena Facility, such assistance shall be at my own expense.
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 Arena, 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 the 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 THE WONDERFLY ARENA PREMISES AND/OR ITS 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.
PHOTO/VIDEO/SOCIAL MEDIA WAIVER
In connection with my and the Child’s use of Wonderfly Arena, 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.
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) visit Wonderfly Arena.
SAFETY IS YOUR RESPONSIBILITY: I AND EACH CHILD AGREE TO FOLLOW THE CODE OF PATRON RESPONSIBILITY:
a) You acknowledge that there are inherent risks in the participation of our activities and equipment. Patrons of Wonderfly Arena who engage in any activities or use any equipment, by participation, accept the risks inherent in such participation of which the ordinary prudent person is or should be aware. Patrons have a duty to exercise good judgment and act in a responsible manner while using the Wonderfly Arena event space and equipment, and while engaging in such activities. Patrons have a duty to obey all oral or written warnings, or both, prior to or during participation, or both.
b) You have a duty to not participate in any activity or engage in any other activity or use any equipment, when under the influence of drugs or alcohol.
c) You have a duty to properly use all safety equipment provided.
d) You have a duty to not participate in any activity or engage in other activities or use Wonderfly equipment, if you have pre-existing medical conditions, circulatory conditions, heart or lung conditions, recent surgeries, back or neck conditions, knee or ankle conditions, high blood pressure, known pregnancy, any history of spine, musculoskeletal or head injuries, or if you may be pregnant.
e) You have a duty to remove inappropriate attire including hard, sharp or dangerous objects such as buckles, pens, purses, badges and so forth.
f) You have a duty to conform with or meet height, weight or age restrictions imposed by the manufacturer or owner to use or participate in any activity.
g) You also agree to follow and obey all posted and stated warnings and patron education signs.
h) You agree to explain all safety rules to each Child you accompany, and to ensure that each Child obeys the safety rules.
I would like to receive email promotions, discounts, and other advertisements from Wonderfly and its partners at the email address provided below. I may unsubscribe at any time.
I have had sufficient opportunity to read this document. I have read and understood and agree to be bound by its terms. I understand that employees working at Wonderfly Arena, including the manager, do not have the authority to waive any provision of this Agreement. This Agreement constitutes and contains the entire agreement between Wonderfly and me relating to the Child’s and my use of Wonderfly Arena. There are no other agreements, oral, written, or implied, with respect to such matters. I agree that if any portion of this Agreement is found to be unenforceable, the remaining portions shall remain in full force.
By signing below, I represent and warrant that I am the parent, legal guardian, or power-of-attorney of the above listed Child(ren) and have the authority to execute this Agreement on his/her or their behalf and to act on his/her or their behalf. I have read each and every paragraph in this document and I and they agree to be bound by the terms stated therein, including the release of liability contained therein. I further agree to indemnify and hold harmless the Releasees from any and all claims, loss, proceedings, damages, causes of action, liability, costs, or expenses, including attorneys' fees and witness fees which are brought by or on behalf of this or these minor Child or Children, or any of them, which are in any way connected with, arise out of, or result from their use of Wonderfly Arena. I am 18 years of age or older. I am entering this agreement on behalf of myself, my spouse or domestic partner, the Child, and our respective and/or collective issue, parents, siblings, heirs, assigns, personal representatives, estate(s), and anyone else who can claim by or through such person or persons (collectively, the “Releasing Parties”).
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.