For a one-year period beginning on November 30, 2022, as consideration for entry to and use of the premises of Jumpers Indoor Fun Zone (“Jumpers”), the undersigned, on his or her own behalf, and, as applicable, on the behalf of the minor participant(s) identified below (the “Participant” or “Participants”), acknowledges, understands, and agrees to the following, intending to be legally bound:
1. LEGAL COMPETENCY: I am at least 18 years old and understand this Agreement and all of its terms. I hereby execute this Agreement without coercion. I represent that I am the parent or legal guardian of the Participant or Participants, if any, identified below, or am otherwise authorized to act on behalf of the Participant or Participants and to execute this Agreement on behalf of the Participant or Participants. I further represent that the Participant or Participants and I are of physically able to participate and be present in this location.
2. TYPES OF RISKS: I, for myself and the Participant or Participants, recognize, acknowledge, agree, accept, and understand that there are known and unknown risks associated with accessing the Jumpers location, participating in any activities at Jumpers (including, without limitation, parties, open jump, open play, and school/group events), and the use of the play area, inflatable equipment, and any and all other Jumpers’ equipment. These risks include, but are not limited to, contusions, bruises, fractures, scrapes, cuts, bumps, paralysis, or death, as well as exposure to bacteria, fungi, viruses, contagious diseases, and/or exposure to the COVID-19 virus.
3. RECOGNITION AND ASSUMPTION OF RISKS: I, for myself and the Participant or Participants, willingly accept and assume any and all risks associated with our presence and participation in any activities at Jumpers and accept that there are also risks that may arise due to or caused by others at Jumpers, which I also willingly accept and assume.
4. INSURANCE: I certify that adequate insurance is in place to cover any injury, sickness, illness, or damage that I or the Participant or Participants may cause or suffer at Jumpers or because of activities that occurred at Jumpers or while participating in any activities at Jumpers, or if not, that I shall bear all costs and expenses associated with or arising out of any injury, sickness, illness, or damages to myself, the Participant or Participants, or others. I further certify that I accept and assume the risk of any injury at Jumpers resulting from a medical or physical condition that the Participant or Participants or I may have.
5. AGREEMENT TO COMPLY WITH RULES: I agree that the Participant or Participants and I shall comply with all stated and customary terms, posted safety signs, rules, and instructions from Jumpers staff as conditions for our presence and participation in any activities at Jumpers. I further consent to Jumpers staff taking my or the Participant’s or Participants’ temperatures, and I acknowledge that I or we may be denied access to or forced to vacate Jumpers if I or we show evidence any symptoms of sickness or illness, including, without limitation, symptoms of exposure to bacteria, fungi, viruses, unknown contagious diseases, or COVID-19.
6. RELEASE OF CLAIMS: I, for myself, the Participant or Participants, and our respective heirs, assigns, representatives, family members, estates, beneficiaries, and next of kin, hereby waive, release, and forever hold harmless, the owner of this Jumpers facility, FDAA Management LLC doing business as Jumpers Indoor Fun Zone, and all of its employees, agents, predecessors, successors, parents, subsidiaries, affiliates, officers, and members (collectively, the “Released Parties”) from and against any and all actual or alleged injuries, causes of action, claims, liabilities, or damages related in any way to or caused in any way by our presence or participation in any activities at Jumpers. I, for myself and the Participant or Participants, agree that neither I nor anyone on behalf of the Participant or Participants shall bring suit against any of the Released Parties for or with respect to any of the matters released herein.
7. INDEMNITY: I, for myself, the Participant or Participants, and our respective heirs, assigns, representatives, family members, estates, beneficiaries, and next of kin, shall indemnify, hold harmless, and defend the Released Parties for, from, and against any damages, causes of action, claims, liabilities, costs and/or expenses arising from or related to any and all actual or alleged claims, causes of action, injuries, liabilities, or damages related to or arising out of our presence or participation in any activities at Jumpers, including, but not limited to, the payment of any counsel fees incurred by the Released Parties.
8. INVALIDITY/UNENFORCEABILITY: The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
9. DISPUTE RESOLUTION/WAIVER OF JURY TRIAL: Any controversy, dispute, or claim arising out of or related to this Agreement, which the parties are unable to resolve, shall be settled exclusively by submission by Jumpers, in its sole discretion and after receiving notice of the controversy, dispute, or claim in writing, to binding arbitration. The arbitration shall take place in Chester County, Pennsylvania. The arbitration shall be before a single arbitrator. If, for whatever reason, Jumpers elects to not arbitrate a matter, I, for myself and Participant or Participants, waive our right to a jury trial. I, for myself and Participant or Participants, shall pay all of Jumpers’ counsel fees and costs in any such dispute.
10. ACKNOWLEDGMENTS: By signing this Agreement, I acknowledge that I and Participant or Participants are voluntarily waiving and giving up important legal rights and that if anyone is hurt or property is damaged during our presence or participation in any activities at Jumpers, I and Participant or Participants or anyone acting on behalf of Participant or Participants shall be found by a court or arbitrator to have waived my right to maintain a lawsuit or pursue damages on my own behalf and on behalf of the Participant or Participants against the Released Parties for or with respect to any matter released in this Agreement. I expressly warrant and represent to Jumpers that I have the authority to execute this Agreement and to bind myself and Participant or Participants, as well as anyone acting for or on behalf of Participant or Participants, to its terms.