Participant Agreement, Release and Assumption of Risk (The “Agreement”) – Billy Beez USA LLC – Crossgates Mall
I have voluntarily elected to use and, if applicable, to allow the minor child(ren) identified above and all minor children under my supervision (referred to individually and collectively herein as “Child”), to use the Billy Beez USA LLC facilities and equipment located at 1 Crossgates Mall Rd., Albany, NY 12203 (the “Billy Beez USA LLC Facility”). In consideration for being allowed to use said facilities and equipment, and any other services provided by Billy Beez USA LLC or its employees or agents at said location, or any other location within the State of New York, I represent, acknowledge and agree as follows:
I, on behalf of myself and Child (collectively, the “Releasors”) acknowledge and agree that this Agreement covers and is intended to release and provide other benefits, legal protections, and consideration to Billy Beez USA LLC, and its respective and collective agents, owners, officers, managers, shareholders, affiliates, volunteers, participants, employees, successors, predecessors-in-interest, insurers and all other persons or entities acting in any capacity on their respective or collective behalf (collectively, the “Releasees”)
RELEASE OF POTENTIAL INJURIES
I acknowledge and agree that the use of and participation in the slides, trampolines and the other equipment and activities at the Billy Beez USA LLC Facility is inherently and obviously dangerous. These risks include, but are not limited to, 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 slides, trampolines and other activities that take place at the Billy Beez USA LLC Facility are monitored in a commercially reasonable manner by Billy Beez USA LLC Facility employees, it is not feasible for such employees to monitor the activities and actions of all participants at all times or all participants simultaneously. Nor can they know all characteristics of every participant’s physical and mental health that might lead to injury or damage to myself or Child.
VOLUNTARY ASSUMPTION OF RISK
I represent that Child and I are in good health and in proper physical condition to participate in slide, trampoline and other activities at the Billy Beez USA LLC Facility. I acknowledge and agree that Child and I are participating voluntarily and at our own risk. I acknowledge and agree that the actions or activities of other customers and participants or the actions or inactions of Billy Beez USA LLC Facility employees could cause Child and I significant bodily injury (as described in this Agreement), and that Releasees are not responsible for the actions or activities of participants using the Billy Beez USA LLC Facility or the negligence of its employees in supervising the Billy Beez USA LLC Facility or its usage, including actions, activities, or omissions that result in such harm. Some of the risks include, but are not limited to death, paralysis (partial or full, temporary or permanent), cuts, scrapes, bumps, bruises, concussions, the transmission of disease strains and allergic reactions, muscle sprains, strains or pulls, breaks or other seriously external or internal injuries to head, face (including nose and teeth/jaw), neck, torso, spine, arms, wrists, hands, legs, ankles, feet or other body parts, heat stroke, heart attacks, dehydration and other exertion-related medical events.
In addition to these injuries happening to participants, I am aware that they can occur to other customers, whether standing, walking, running or sitting in areas of the Billy Beez USA Facility without equipment, observing, standing, sitting or taking photographs.
AGREEMENT TO PAY MEDICAL EXPENSES
I acknowledge, accept, and assume the risk of any and all medical conditions, limitations, or disabilities (whether temporary or permanent) that Child and I possess, whether known or unknown, which might contribute to or exacerbate any injury Child or I might sustain as a result of using the Billy Beez USA LLC Facility or any of its equipment or otherwise being present at the Billy Beez USA LLC Facility. 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 Child or I sustain while being present at the Billy Beez USA LLC Facility, the costs of same shall be at my own expense.
RELEASE OF LIABILITY
Releasors hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue 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 Child’s access to and/or use of the Billy Beez USA LLC Facility, premises and/or its equipment (whether slides, trampolines or otherwise), the Child’s and/or my entry into the Billy Beez USA LLC Facility, the condition, maintenance, inspection, supervision, control or security of the Billy Beez USA LLC Facility, the failure to warn of dangerous conditions in connection with the Billy Beez USA LLC Facility, and/or the acts or omissions of Releasees, including, without limitation, any claim for 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 slides and trampolines, but also all other equipment, and all activities and games, and the mere presence of Child and/or I at the Billy Beez USA LLC 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 Billy Beez USA LLC Facility. In the event that any claim released herein is brought by, or asserted on behalf of, Releasors, I shall immediately defend, indemnify and hold harmless Releasees, and any of them, from any loss or liability, including reasonable attorneys' fees, associated therewith or arising therefrom.
I understand and fully acknowledge and agree that all of the risks identified herein and any other risks associated with use of the Billy Beez USA LLC Facility and its equipment or mere presence thereat are beyond the control of Releasees. I agree and acknowledge that should Releasees 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 Releasees harmless for and against all such attorneys’ fees and/or costs.
ARBITRATION OF DISPUTES; TIME LIMIT TO BRING CLAIM
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 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, 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 BILLY BEEZ USA LLC FACILITY, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE BROUGHT WITHIN ONE YEAR OF ITS OCCURRENCE (i.e., the date of the alleged injury) AND BE DETERMINED BY ARBITRATION IN THE COUNTY WHERE THE BILLY BEEZ USA LLC FACILITY IS LOCATED, 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 New York, 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 the Billy Beez USA LLC Facility, 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 BB 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 any Billy Beez USA LLC Facility. 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 Billy Beez USA LLC, whether at the current location or any other location or facility.
SAFETY IS YOUR RESPONSIBILITY: EACH CHILD AND I AGREE TO FOLLOW THE CODE OF PATRON RESPONSIBILITY:
a) You acknowledge that there are inherent risks in the participation in or on any indoor play park, and that such risks include not only the use of slides and trampolines, but other activities and equipment. Patrons of an indoor play park who uses slides and trampolines, and those who engage in any other activities or use any other 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 slides, trampolines and other 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 on any slide, trampoline or engage in any other activity or use any other equipment, when under the influence of drugs or alcohol.
c) You have a duty to properly use all safety equipment provided, whether for the slides, trampolines at the indoor play park, or otherwise.
d) You have a duty to not participate in any activity on any slide or trampoline, or engage in other activities or use other 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 avoid bodily contact with other patrons.
g) 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 indoor play park activity, whether involving the use of slides, trampolines, or otherwise.
h) You have a duty to avoid crowding or overloading individual sections of the slides, trampolines, or other equipment.
i) You have a duty to use the slides, trampolines, and other equipment, within your own limitations, training and acquired skills.
j) You have a duty to avoid landing on the head or neck. Serious injuries, paralysis or death can occur when landing at the bottom of the slide incorrectly or on the trampoline court bed, or elsewhere, whether involving the slides, trampoline, other equipment, or otherwise.
k) You also agree to follow and obey all posted and stated warnings and patron education signs.
l) You agree to explain all safety rules to each Child you accompany, and to ensure that each Child obeys the safety rules.
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 the Billy Beez USA LLC Facility, including the manager, do not have the authority to waive any provision of this Agreement. This Agreement constitutes and contains the entire agreement between Billy Beez USA LLC and me relating to the Child’s and my use of the Billy Beez USA LLC Facility. There are no other agreements, oral, written, or implied, with respect to such matters. I further agree that this Agreement and the releases contained herein shall be construed in accordance with the laws of the State of New York. If any term or provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law governing this Agreement, the validity of the remaining portions shall not be affected thereby.
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 herein, including all releases of liability contained herein. I further agree to indemnify and hold harmless Releasees from any and all claims 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—and presence at—the Billy Beez USA LLC Facility. I am 18 years of age or older. I am entering this agreement on behalf of the Releasing Parties.
I AgreeWAIVER/RELEASE FOR COMMUNICABLE DISEASES INCLUDING COVID-19
In consideration of being allowed to use the Billy Beez USA Facility (and to allow Child to use the Billy Beez USA Facility), I acknowledge, understand and agree 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. I 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. I willingly agree to comply with the stated and customary terms and conditions for participation as regards protection against infectious diseases which may include, but not be limited to, (i) observing proper social distancing rules, (ii) performing regular hand sanitizing, (iii) wearing masks and/or appropriate personal protective equipment, (iv) not entering the Billy Beez USA LLC Facility if exposed to someone with any symptoms of such a communicable disease, (v) not entering the Billy Beez USA LLC Facility if suffering any symptoms of such a communicable disease, (vi) permitting staff of the Billy Beez USA LLC Facility to take my or Child’s temperature, and (vii) complying with any measure promulgated by the Billy Beez USA LLC Facility or any local, state or federal authority.
4. If I observe and 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 official immediately; and
5. I understand and agree that all references—and my responsibilities related to—any “injury” or “injuries” described in this Agreement shall also pertain to communicable diseases; and
6. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS the 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.
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 BILLY BEEZ USA LLC RELATED ENTITY.