1) I acknowledge and agree that this Agreement covers and is intended to release snowy fun LLC and its respective and collective agents, owners, officers, managers, shareholders, parent, subsidiaries, franchises and franchisors, affiliates, volunteers, participants, employees, and all other persons or entities acting in any capacity on their respective or collective behalf (collectively referred to as “Snowy Fun”)
2) In consideration of being allowed to use and participate in Snowy Fun’s premises, equipment, services and activities, including, but not limited to, trampoline park access, trampoline dodge ball, trampoline basketball, aerial training, fitness classes, trampoline courts, X Beam, Tripwire, Vertigo, arcade games, lockers and cafe access, and any other amusement or recreation activities (collectively “ACTIVITIES”), I, on behalf of myself, and/or on behalf of my minor child(ren)/ward(s), hereby agree follows.
3) ASSUMPTION OF RISK: I acknowledge that I and/or my child(ren)/ward(s), for whom I represent that I have full authority as parent or legal guardian to bind the minor participant to this agreement, am voluntarily participating in the ACTIVITIES, which I agree are dangerous and entail both known and unknown inherent risks, including the risk of injury, permanent disability, or even death, deriving from, but not limited to, equipment malfunctions; building malfunctions; lack of supervision and/or trained trampoline monitors; lack of proper equipment or padding, netting, or other safety measures; slipping; falling; landing; or colliding with fixed objects or other people, as well as the negligence and/or omissions committed by me, my child(ren)/ward(s), Snowy Fun, and/or any other person and/or entity. I hereby voluntarily assume all such risks. I further understand and acknowledge that Snowy Fun does not manufacture the trampolines or other equipment in its facilities but purchases and/or leases the trampolines and equipment and therefore Snowy Fun may not be held liable for defective products. I and/or my child(ren)/ward(s) are physically fit and know of no medical or health reason whereby I and or my child(ren)/ward(s) should not participate in the ACTIVITIES.
4) RELEASE OF LIABILITY. I hereby irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue snowy fun from any and all claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, 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 my child(ren)/ward(s) use of Snowy fun premises, equipment, services and activities, including without limitation any claim for negligence, arising from property damage, personal or bodily injury, emotional injury, illness, or death to the maximum extent allowed by law.
5) LIABILITY FOR PROPERTY: Snowy Fun is not liable to you or your guests, child(ren)/ward(s) for any personal property that is damaged, lost, or stolen while on or about the Snowy Fun premises including, but not limited to, a vehicle or its content or any property in a locker, whether or not Snowy Fun was negligent.
6) INDEMNIFICATION: I hereby agree to indemnify and hold harmless Snowy Fun from and against any and all losses, liabilities, claims, obligations, costs, damages, and/or expenses whatsoever paid, incurred, and/or suffered by Snowy Fun, including, but not limited to, any and all attorneys’ fees, costs, damages, and/or judgments Snowy Fun incurs in the event that I, my minor child(ren)/ward(s) or anyone for which I signed this agreement causes any injury, damage and/or harm to Snowy Fun and/or any and all other persons and entities acting in any capacity on behalf of Snowy Fun, or to others while at Snowy Fun premises.
7) ATTORNEYS’ FEES: I promise to indemnify Snowy Fun for any attorneys’ fees and/or costs incurred to enforce this agreement, including all costs associated with any collection efforts. Further, should any debt and/or judgment accrue in favor of Snowy Fun, pre-judgment and post-judgment interest shall accrue thereon at the legal rate.
8) PHOTO RELEASE: By entering Snowy Fun and participating in the ACTIVITIES, I hereby grant Snowy Fun on behalf of myself, and on behalf of my child(ren)/ward(s), the irrevocable right and permission to photograph and/or record me or my child(ren)/ward(s) in connection with Snowy Fun and to use the photograph and/or recording and the name, likeness, voice and appearance of myself or my child(ren)/ward(s) captured therein for promotional purposes. I 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.
9) 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 Snowy Fun, whether at the current location or any other location or facility.
10) VENUE/MEDIATION: In the event a lawsuit is filed against Snowy Fun, I agree to the sole and exclusive venue of the County of Denton County. I further agree that the substantive law of Texas shall apply without regard to any conflict of law rules. I also agree that if any portion of this agreement is found to be void or unenforceable, the remaining portion shall remain in full force and effect. Prior to any lawsuit I agree to participate in mediation, in person, with snowy fun to attempt to resolve the dispute without litigation.
11) PLEASE ONLY VISIT THE PARK 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 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 ABWAB MANAGEMENT, 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. 12) Please follow safety rules *All customers must wear socks when jumping. Can be purchased at the front desk. * Parents should supervise kids while playing. * One at a time down slides. parents cannot go down with children on the lap in the same time but if you are with toddlers it’s ok to slide down with your toddler(You are responsible to make sure you are sliding down with your toddler in the safe way) *Little people and big people should not bounce at the same time (adults can sit in a bounce house to be near their children, but should not bounce at the same time children are bouncing). *Parents or kids older than 12 can go inside inflatables with younger kids but no jumping or running please. Toddler zone 4 years and under only. *Feet first only down slides. *No bouncing at top of slides (just sit down and slide please). *Stay on the designated course of all inflatables. *When sliding ,don't drag your arms and elbows on the vinyl. Hold them up to avoid "rug burn". No fighting or wrestling or ball beaming. *To enter snow room kids should wear clean boots (no regular shoes) and parents should wear boot cover, this is mandatory to keep snow clean; Parents should supervise kids while playing and make sure no running and no throwing snowball to the face. *No food, drinks to the carpeted area(stains won’t come off if you spill). NO confetti, streamers, sparkler candles inside venue and no gum, food, drink, sharp objects, glasses or dirty shoes inside Jump City or Snow Room and no shoes inside inflatables and toddler area, just socks! Failure to do so will result in a $100.00 cleaning fee. *Always empty your pockets entirely before jumping. Remove all jewelry including earrings, necklaces, and rings. No belt buckles, keys, or key chains. *If you are under the influence of drugs or alcohol do not attempt to jump for the safety of yourself and others. *Anyone with any type of physical or mental disability (temporary or permanent) should see the staff for assistance. Park employees are not allowed to physically transfer guests. Employees may assist with balance only. Mobility aids and prosthetic should be left off of rides. *Please listen to our staff and follow additional safety rules that will be explained in your party contract or safety signs inside venue! HAVE FUN AND BE SAFE! By electronically signing this document, checking the box below and then by clicking “Accept Waiver” or by physically signing this document, I understand that I may be found by a court of law to have forever waived any right I and/or my child(ren)/ward(s) may have to maintain any action against Snowy Fun on the basis of any claim from which I have released Snowy Fun and any released party herein. 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. By signing below and clicking accept, I also agree that all releases, waivers, and promises herein are binding on the minor participant(s) listed below, and I further agree that I have full authority as Parent/Guardian to bind the minor participant to this agreement. I understand and agree that I may be asked to update this waiver on an annual basis and further hereby agree to conduct this transaction by electronic means.
** PLEASE NOTE WE RESERVE THE RIGHT TO REVIEW YOUR LICENSE AND/OR OTHER FORMS OF IDENTIFICATION IN ORDER TO VERIFY IDENTITY AND DATE OF BIRTH/AGE. ** This Snowy Fun franchise is independently owned and operated Today's Date: December 21, 2024
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