I Agree (1) You are willing to practice social distancing and maintaining at least six feet between individuals in all areas of the park; (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 The Fun & Fit Factory, LLC, 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. Certify that I am the parent/legal guardian of the participant(s) listed below or have obtained permission from the parent/legal guardian of the participants listed below to execute this agreement on their behalf. I acknowledge that the participant(s) listed and I agree to comply with all stated/posted rules and verbal instructions as conditions for participants in any and all fitness programs or activities, group events, and/or the use of the fitness facility, fitness equipment, and inflatable equipment at The Fun & Fit Factory, LLC. I am aware that participation in The Fun & Fit Factory, LLC programs, activities, and/or group events, along with the use of fitness equipment and inflatable equipment may have associated risks of injury including but not limited to permanent paralysis or death. I, on the behalf of myself and the participants listed below, assume all such risks, both known and unknown, including those that may be the results of the negligence of the participant of the other participants. I, on behalf of myself and the participants listed below along with any persons related to myself or the participants listed, hereby release and hold harmless The Fun & Fit Factory, LLC, it’s officers, employees, agents, affiliates, or other participants from and against any claims, injuries, liabilities, or damages that may arise out of or related to our participation in any and all The Fun & Fit Factory, LLC fitness programs or activities, group events along with the use of fitness and inflatable equipment , and/or the use of the facility. I, on behalf of myself and the participant(s) listed below, agree to report any and all injuries sustained on The Fun & Fit Factory, LLC premises to management before leaving said premises. Should it be necessary, in the opinion of a member of the staff of The Fun & Fit Factory, LLC to administer First Aid to the participant(s) listed below, I hereby grant permission to do so if I am not present. I have read and understand this acknowledgment of risk and waiver of liability assumption of risk and indemnity agreement. I understand that I have given up substantial rights by signing it voluntarily without any inducement, assurance, or guarantee being made to me and my intended signature to be completed and unconditional release of all liability to the greatest extent allowed by the law. SAFETY RULES AND TRAINING- All applies and MUST be followed once you pass through the doors: - No Shoes- Socks required for all
- No riders allowed on inflatables while inflating/deflating
- No food, gum, and/or drinks
- If inflatables start to deflate, evacuate immediately
- No sharp objects or toys
- No silly string is allowed near inflatables
- No jewelry or eyeglasses
- Inflatables must an anchored at all times
- No flips, wrestling, or rough play
- Children must be supervised AT ALL TIMES
- No bouncing closer than 4 ft. to others
- Anyone not following safety rules will be asked to leave
- No bouncing near doorway
- Go down slides feet first at all times
- No hanging on walls or roof of air bounces
- Parents will assist children under age 4 or with special needs
Date: April 25, 2025 |