PLEASE READ THIS DOCUMENT CAREFULLY; ENGAGEMENT IN OUR ACTIVE INTERACTIVE EXPERIENCES AND RELATED ACTIVITIES INVOLVES RISK THAT CAN RANGE FROM MINOR INJURIES SUCH AS BRUISES OR SCRAPES TO SERIOUS INJURY, DISABILITY OR DEATH. WARNING: PHOTOSENSITIVITY AND SENSORY OVERLOAD, Individuals with photosensitive epilepsy or other nerve conditions sensitive to flickering light are recommended to not partake in the interactive ACTIVITIES at ELECTRIC PLAYHOUSE. Individuals who have never suffered an epileptic seizure may nevertheless have an undetected epileptic condition. If you are not willing to take this risk do not partake in ACTIVITIES at ELECTRIC PLAYHOUSE. If you have a personal or family history of epilepsy or any other condition sensitive to flickering light, are uncomfortable with bright light, are uncomfortable with sensory overload or loud sounds, have a heart condition, or are under the restrictive care of a physician for any serious medical condition, you should consult a qualified medical professional before partaking in the ACTIVITIES at ELECTRIC PLAYHOUSE. Immediately discontinue the ACTIVITIES at ELECTRIC PLAYHOUSE if you experience any of the following symptoms: involuntary movements, disorientation, eye or muscle twitching, confusion, dizziness, convulsions or nausea. BY SIGNING THIS DOCUMENT, YOU ARE FREELY GIVING UP LEGAL RIGHTS AND THE RIGHT OF MY YOUR SPOUSE AND/OR CHILD(REN) TO SUE FOR ANY INJURY, INCLUDING DISABILITY OR DEATH. IF A PARTICIPANT IS UNDER THE AGE OF 18, THIS WAIVER MUST BE SIGNED BY THE PARTICIPANT’S PARENT OR LEGAL GUARDIAN. BY SIGNING THIS DOCUMENT AND CHOOSING TO PARTICIPATE IN THE ACTIVITIES, YOU AGREE TO ITS TERMS AND YOU AGREE TO GIVE UP LEGAL RIGHTS. YOU HAVE THE OPTION TO CHOOSE NOT TO PARTICIPATE IN THE ACTIVITIES OR USE THE PREMISES In consideration for being permitted in and on the premises of ELECTRIC PLAYHOUSE and permitted to participate in the use of the active interactive experiences, obstacle course equipment, other recreational and sporting equipment, and related ACTIVITIES, especially those ACTIVITIES involving low light levels and/or limited visibility and additionally including simultaneous use of the premises and apparatus described herein with third parties (collectively, “ACTIVITIES”) being conducted by and at ELECTRIC PLAYHOUSE either during regular business hours or during private parties or special events, the undersigned, for myself, and/or on behalf of my spouse, my domestic/civil union partner, minor child(ren)/ward(s), hereby acknowledges, agrees and represents that immediately upon entering or participating I will, inspect and carefully consider ELECTRIC PLAYHOUSE’s premises and facilities. It is further warranted that such entry into ELECTRIC PLAYHOUSE’s facilities for observation or use of any facilities or equipment or participation in the ACTIVITIES constitutes an acknowledgement that such premises and all ACTIVITIES 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, my domestic/civil union partner, minor child(ren)/ward(s) as being safe and reasonably suited for the purpose of such observation, use or participation by myself, and/or on behalf of my spouse, my domestic/civil union partner, minor child(ren)/ward(s): ASSUMPTION OF RISK: I understand and agree for myself, and/or on behalf of my spouse, my domestic/civil union partner, minor child(ren)/ward(s) will be taking part in the ACTIVITIES offered by ELECTRIC PLAYHOUSE and I/we do so voluntarily. I, on behalf of myself, and/or on behalf of my spouse, my domestic/civil union partner, minor child(ren)/ward(s), assume all risk involved with my participation or the participation by myself, and/or participation of my spouse, my domestic/civil union partner, minor child(ren)/ward(s) in the ACTIVITIES, including but not limited to all risk of physical injury, emotional injury, bodily injury, disability, or death to myself, and/or my spouse, my domestic/civil union partner, minor child(ren)/ward(s)that may result from participation in the ACTIVITIES, or any damage, loss, or theft of any personal property which may be incurred by myself, and/or my spouse, my domestic/civil union partner, minor child(ren)/ward(s). I understand that these ACTIVITIES include, but are not limited to, the use of the facilities, equipment and the premises. I understand that the use of the ELECTRIC PLAYHOUSE premises includes use interactive experiences, equipment related to said interactive experiences, and other recreational and sporting equipment and related ACTIVITIES (including the ACTIVITIES as described above) that have inherent risks, which include the risk of minor injuries, serious physical injury, emotional injury, bodily injury, disability, and death, or similar injuries to third parties caused by me and/or my spouse, my domestic/civil union partner, minor child(ren)/ward(s)’s participation in the ACTIVITIES. I understand these risks and (if applicable) have explained them to my spouse, my domestic/civil union partner, minor child(ren)/ward(s). In spite of the above and clearly stated risks, I elect to participate freely and elect to allow my spouse, my domestic/civil union partner, minor child(ren)/ward(s)to participate of my own free will and accord and as such I assume all responsibility for any injury, disability or death that I or my spouse, my domestic/civil union partner, minor child(ren)/ward(s) may incur. RELEASE OF LIABILITY: I understand and agree that I and/or my spouse, my domestic/civil union partner, minor child(ren)/ward(s) will be engaging in an inherently risky recreational activity while participating in the ACTIVITIES and using the ELECTRIC PLAYHOUSE premises. To the fullest extent allowed by law, I voluntarily agree on behalf of myself, and/or on behalf of my spouse, my domestic/civil union partner, minor child(ren)/ward(s) and our personal representatives, successors, heirs, and assigns to hold ELECTRIC PLAYHOUSE, ELECTRIC PLAYHOUSE LLC, Hyparspace, LLC and their affiliates, instructors, officers, directors, managers, agents, employees, designers, licensors, and members (collectively also referred to as “ELECTRIC PLAYHOUSE”), as well as the landlord property owner of the ELECTRIC PLAYHOUSE premises (ELECTRIC PLAYHOUSE and landlord collectively referred to as the “RELEASES”) and other tenants of that premises and the owners, suppliers, designers, manufacturers and installers of the equipment (the EQUIPMENT SUPPLIERS”) comprising the ELECTRIC PLAYHOUSE premises harmless from any and all liability, claims, demands, or causes of action whatsoever arising out of or relating in any way to my, my spouse, my domestic/civil union partner, minor child(ren)/ward(s)’s participation at the ELECTRIC PLAYHOUSE premises. To the fullest extent allowed by law, I expressly and voluntarily release and forever discharge Releasees from any and all liability, claims, demands, or causes of action whatsoever arising out of any damage, loss, physical injury, emotional injury, bodily injury, disability, or death to me my spouse, my domestic/civil union partner, minor child(ren)/ward(s), while participating, or due to my or my spouse, my domestic/civil union partner, minor child(ren)/ward(s)’s participation on or the participation on by third parties, in any of the ACTIVITIES offered at the ELECTRIC PLAYHOUSE premises; including, without limitation, use of balls and interactive equipment, use of other recreational and sporting equipment, participation in other related ACTIVITIES, receiving instruction, strenuous bodily movement, and any other ACTIVITIES in and around the ELECTRIC PLAYHOUSE premises. To the fullest extent allowed by law, this release is valid and effective whether the injury, damage, loss, disability or death is a result of any negligent act or omission on the part of any of the Releasees, any third parties on the premises or from any other cause. This waiver and release of liability includes, without limitation, injuries, or accidents, which may occur as a result of the: (i) use or misuse of the premises in any way by anyone, (ii) use or misuse of the ACTIVITIES, (iii) instruction or supervision, or (iv) slipping, tripping and/or falling while in the premises or on the surrounding premises, whether while engaged in the ACTIVITIES or otherwise. INDEMNIFICATION: I understand that the known and unknown risks may be caused in whole or in part by my or my spouse, my domestic/civil union partner, minor child(ren)/ward(s) own actions or inactions, the actions or inactions of others participating in ACTIVITIES, or the acts, inaction or negligence of ELECTRIC PLAYHOUSE or any EQUIPMENT SUPPLIERS, and in consideration of being allowed, along with my spouse, my domestic/civil union partner, 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, my domestic/civil union partner, minor child(ren)/ward(s) as a result of the participation in ACTIVITIES in or about the facility or premises, including any such loss due to any negligence of ELECTRIC PLAYHOUSE and all EQUIPMENT SUPPLIERS and agree to indemnify and hold harmless ELECTRIC PLAYHOUSE 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 ELECTRIC PLAYHOUSE and all EQUIPMENT SUPPLIERS as a result of any claims asserted by myself, my spouse, my domestic/civil union partner, minor child(ren)/ward(s) against ELECTRIC PLAYHOUSE and all EQUIPMENT SUPPLIERS, including, but not limited to, any and all attorneys’ fees, costs, damages and/or judgments ELECTRIC PLAYHOUSE and all EQUIPMENT SUPPLIERS incurs in the event of such loss whether caused by the negligence of ELECTRIC PLAYHOUSE or any EQUIPMENT SUPPLIERS and that on behalf of myself, my spouse, my domestic/civil union partner, minor child(ren)/ward(s)I further agree to indemnify and hold harmless ELECTRIC PLAYHOUSE for any injury, damage and/or harm myself, my spouse, my domestic/civil union partner, minor child(ren)/ward(s) cause to ELECTRIC PLAYHOUSE or its facility and/or to any and all other persons and entities acting in any capacity on behalf of ELECTRIC PLAYHOUSE. ALCOHOL POLICY: I understand that alcohol may be served at the ELECTRIC PLAYHOUSE premises. I and my spouse or domestic/civil union partner agree that we will not participate in the ACTIVITIES if we are impaired even to the slightest degree. I, for myself, my spouse, my domestic/civil union partner, minor child(ren)/ward(s) further understand that ELECTRIC PLAYHOUSE, its RELEASES, or EQUIPMENT SUPPLIERS will not be held accountable or liable for any injuries sustained to myself, my spouse, my domestic/civil union partner, minor child(ren)/ward(s) while myself, my spouse, my domestic/civil union partner, or any other third party are under the influence of alcohol and I, my spouse, my domestic/civil union partner, minor child(ren)/ward(s), do hereby release and agree to indemnify and hold harmless ELECTRIC PLAYHOUSE, RELEASES, and EQUIPMENT SUPPLIERS for any injury, damage and/or harm to myself, my spouse, my domestic/civil union partner, minor child(ren)/ward(s) or caused to ELECTRIC PLAYHOUSE as it relates to alcohol related injuries, which may range from minor injuries such as bruises or scrapes to serious injury, disability, or death, whether or not such injury is related to the ACTIVITIES or occur on the ELECTRIC PLAYHOUSE premises. GRANT OF RIGHT TO USE LIKENESS AND PHOTO RELEASE: By entering into the ELECTRIC PLAYHOUSE premises, I further grant ELECTRIC PLAYHOUSE the irrevocable right and permission to photograph, videotape, and/or record me and/or my spouse, my domestic/civil union partner, minor child(ren)/ward(s) and to use my or my spouse, my domestic/civil union partner, minor child(ren)/ward(s)’s name, face, likeness, voice, and appearance in connection with exhibitions, publicity, advertising, and promotional materials without reservation, limitation and without further notice or consent. I further 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. REPRESENTATIONS AND ACKNOWLEDGMENTS: (1) I will inspect the portions of the premises that I or my spouse, my domestic/civil union partner, minor child(ren)/ward(s) intend to use prior to our using and will immediately report any observable defect to ELECTRIC PLAYHOUSE management. (2) I and/or my spouse, my domestic/civil union partner, minor child(ren)/ward(s) are in good physical condition; sufficient for the ACTIVITIES in which we will be participating. (3) I certify that I and/or my spouse, my domestic/civil union partner, minor child(ren)/ward(s) do not have any medical condition that may preclude us from safely participating. (4) I agree on behalf of myself and my spouse, my domestic/civil union partner, minor child(ren)/ward(s) that we will follow all of the rules that are posted or provided by ELECTRIC PLAYHOUSE. (5) I agree that it is my responsibility to ensure that my spouse, my domestic/civil union partner, minor child(ren)/ward(s) will follow the following requirements: (i) to exercise good judgment and act in a reasonable manner while using a trampoline court and to obey all oral or written warnings before and during participation; (ii) that I or my spouse, my domestic/civil union partner, minor child(ren)/ward(s) will meet height, weight and age restrictions imposed by ELECTRIC PLAYHOUSE to participate in the ACTIVITIES; and (iii) not to participate in heavily active ACTIVITIES if I or my spouse, my domestic/civil union partner, minor child(ren)/ward(s) is pregnant, has had recent surgery, has a pre-existing medical condition, circulatory condition, heart or lung condition, back or neck condition or history of spine, musculoskeletal or head injuries or has high blood pressure. (6) I acknowledge that I have carefully read the rules posted or provided to me, that I understand the risks inherent in my and/or my spouse, my domestic/civil union partner, minor child(ren)/ward(s)’s participation in the ACTIVITIES or which risks the ordinary prudent person is or should be aware. I further acknowledge that I have carefully read this waiver and release and fully understand that it is a release of any and all liability and a waiver of any and all right that I may have on behalf of myself and/or my spouse, my domestic/civil union partner, minor child(ren)/ward(s) to bring a legal action or assert a claim for injury, death or loss of any kind against ELECTRIC PLAYHOUSE. (7) Should any claim be made against the RELEASES, I understand and agree that I will be responsible for all attorney’s fees and defense costs incurred by the RELEASES in connection with or in the defense of that claim. (8) This agreement specifically contains an indemnity agreement whereby I agree to reimburse ELECTRIC PLAYHOUSE and the Releasees against any damages (including attorney’s fees and costs) incurred as a result of any lawsuit, claim, or action brought by myself, my spouse, my domestic/civil union partner, minor child(ren)/ward(s), or any other party, related in any way to my or my spouse, my domestic/civil union partner, minor child(ren)/ward(s)’s use of the ELECTRIC PLAYHOUSE premises. (9) I further understand that no person has permission to use the ELECTRIC PLAYHOUSE premises without an effective and validly signed Waiver, Release and Assumption of Risk for myself and a parental/guardian signed Waiver, Release and Assumption of Risk for each spouse, domestic/civil union partner, minor child(ren)/ward(s) participating in the ACTIVITIES and understanding the foregoing, I sign, acknowledge, and undertake the indemnification of all members of my party who use the ELECTRIC PLAYHOUSE premises and participate in the ACTIVITIES. RIGHT TO DENY ENTRY: ELECTRIC PLAYHOUSE maintains the right to deny any person entry and participation on their sole discretion and may deny a person entry if they believe that entry may jeopardize the safety of the person or any other patron. I further understand that any person who fails to sign this waiver, without modification hereto, is constructively denied their right to entry. 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 spouse, my domestic/civil union partner, minor child(ren)/ward(s) visit ELECTRIC PLAYHOUSE, 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 New Mexico and that if any portion thereof is held invalid, it is agrees that the balance shall, notwithstanding, continue in full legal force and effect. GOVERNING LAW AND FORUM: Any lawsuit arising from participation on in the ACTIVITIES and/or use of the premises shall be brought in a court in Albuquerque, New Mexico, and New Mexico law shall apply. WAIVER OF JURY TRIAL: I understand that by signing this document I waive for myself, my spouse, my domestic/civil union partner, minor child(ren)/ward(s), and our respective representatives, successors, agents and assigns, the right to trial by jury, the parties agreeing that any disputes will be resolved by a judge sitting in a court of competent jurisdiction. By signing this document, I understand that I may be found by a court of law to have forever waived my and my spouse, my domestic/civil union partner, minor child(ren)/ward(s) right to maintain any action against ELECTRIC PLAYHOUSE on the basis of any claim from which I have released ELECTRIC PLAYHOUSE and any released party herein and that I have assumed all risk of damage, loss, personal injury, or death to myself, my spouse, my domestic/civil union partner, minor child(ren)/ward(s) and agreed to indemnify and hold harmless ELECTRIC PLAYHOUSE 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 ELECTRIC PLAYHOUSE and all EQUIPMENT SUPPLIERS as a result of the participation in ACTIVITIES in or about the facility or premises by myself, my spouse, my domestic/civil union partner, minor child(ren)/ward(s) and/or claims asserted by myself, my spouse, my domestic/civil union partner, minor child(ren)/ward(s) against ELECTRIC PLAYHOUSE 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. →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) →Enter Adult Full Name and Date of Birth (If under age 18, it must be completed by Parent/Legal Guardian -- Enter Adult Full Name/Date of Birth of Parent/Guardian) Date: May 19, 2024 |
