READ CAREFULLY- THIS IS A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS ("Agreement"), regardless of whether signed electronically or physically on paper, is made by and between the undersigned Participant and/or Participant Parent/Guardian ("Participant") and Bounce Zone Tampa, Inc. and is effective upon the execution date specified below. Definition of Parent, Legal Guardian, and Authorized Adult:
For purposes of this Agreement, “Parent or Legal Guardian” refers to a minor child’s natural or legally appointed guardian as recognized under Florida law. “Authorized Adult” refers to any adult who represents and warrants that they have been given express permission and legal authority by the minor child’s parent or legal guardian to supervise the minor child or minor children and to execute this Agreement on their behalf. Any individual signing this Agreement on behalf of a minor child or minor children affirms that they have such authority and agree to be fully bound by its terms. If English is not your first language you could ask for help in your preferred language and we will try to get it, if you don’t ask for help you agree that you understand English and this waiver of liability NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN AND/OR AUTHORIZED ADULT READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET A MINOR CHILD OR MINOR CHILDREN ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. THERE IS A CHANCE THE MINOR CHILD OR MINOR CHILDREN MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY. YOU ARE AGREEING TO ASSUME THIS RISK ON BEHALF OF THE MINOR CHILD OR MINOR CHILDREN. YOU ARE ALSO AGREEING THAT THE RIGHTS OF YOU AND THE MINOR CHILD OR MINOR CHILDREN TO SUE BOUNCE ZONE TAMPA, INC. AND ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AND REPRESENTATIVES (COLLECTIVELY, THE “RELEASED PARTIES”) ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY FLORIDA LAW. If you are signing this Agreement on behalf of a minor child or minor children, you represent and warrant that you are the minor’s or minors’ parent or legal guardian, or that you have full legal authority from the parent or legal guardian to execute this Agreement on behalf of the minor child or minor children and to bind the minor child or minor children to its terms. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT PARTICIPATION IN THE ACTIVITIES CONSTITUTES AN ASSUMPTION OF RISK, INCLUDING RISKS ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES. TO THE FULLEST EXTENT PERMITTED BY FLORIDA LAW, YOU HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE THE RELEASED PARTIES FOR ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, OR LIABILITY ARISING OUT OF OR RELATED TO ANY INJURY, ILLNESS, DAMAGE, OR DEATH SUSTAINED WHILE PARTICIPATING IN THE ACTIVITIES, INCLUDING ANY CLAIM ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES. THIS RELEASE DOES NOT APPLY TO GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT TO THE EXTENT PROHIBITED BY FLORIDA LAW. Participant Agreement WHEREAS, Participant has requested to enter and/or participate in any party, open play, or any other program at Bounce Zone Tampa, Inc., including but not limited to the use of bounce houses, inflatable structures, playscapes, arcade machines, obstacle courses, slides, party rooms, and all other equipment, play areas, and recreational activities (collectively, the “Activities”); NOW, THEREFORE, in exchange for Bounce Zone Tampa, Inc. granting permission to participate, Participant knowingly and voluntarily assumes all risks associated with the Activities, whether inherent or arising from the negligence of the Released Parties, and agrees to the following terms: 1. Acknowledgment of Risk: Participant acknowledges and understands that there are inherent risks associated with participating in the Activities at Bounce Zone Tampa, Inc. These risks include, but are not limited to: a. Physical injuries including but not limited to sprains, fractures, broken bones, cuts, scrapes, bumps, bruises, falls, contusions, concussions b. Serious harm including but not limited to paralysis or death c. Emotional distress d. Exposure to communicable illnesses or diseases (including but not limited to COVID-19, flu, RSV, norovirus, or hand, foot, and mouth disease) e. Risks from improper use or failure of bounce houses, inflatable structures, arcades, climbing structures, playscapes, and all play equipment. f. Injuries caused by collisions with other participants or fixed structures. g. Injuries caused by negligence of other participants or failure to follow rules. h. Allergic reactions to food, beverages, or materials present at events or in shared spaces. i. Participant is/are physically able to participate in all activities and entered at Participant’s own free will j. Your child may require medical assistance at your own expense. 2. Equipment Use and Facility Condition: I acknowledge that the activities at Bounce Zone Tampa, Inc. involve the use of inflatables, play structures, arcade machines, and other recreational equipment, all of which carry inherent risks. I understand that equipment may malfunction, shift, or fail unexpectedly, even under normal use and without prior warning. I assume full responsibility for any injury or loss arising from the use of any such equipment, whether due to wear and tear, design defects, maintenance failure, or unforeseeable mechanical failure, and I hereby waive all claims against Bounce Zone Tampa, Inc., its owners, staff, officers, directors and agents, arising from or related to such events. This release applies regardless of whether the failure or malfunction was due to ordinary negligence on the part of Bounce Zone Tampa, Inc. its owners, staff, officers, directors and agents. 3. Compliance with Rules: Participant agrees to follow all posted signs, facility rules, and verbal instructions provided by Bounce Zone Tampa, Inc., its owners, staff, officers, directors and agents. All participants are required to wear grip socks while in play areas. Failure to follow these rules may result in injury and removal from the facility without refund. 4. Release, Hold Harmless and Indemnification: Participant will neither hold nor attempt to hold Bounce Zone Tampa, Inc., its owners, officers, directors, employees, volunteers, agents or affiliates (collectively, the “Indemnities”) liable for, and Participant hereby expressly releases, waives, discharges, and agrees to indemnify and hold harmless the Indemnities as well as the owner(s) of the building, the landlord, the property manager, and their respective officers, agents, and employees (collectively, the “Premises Parties”) from and against any and all demands, claims, causes of action, losses, costs, fines, penalties, damages, liabilities, judgments, or expenses (including, without limitation, reasonable attorneys' fees and court costs), whether known or unknown, foreseen or unforeseen, in law or in equity, incurred in connection with or arising out of: a. The inherent, assumed, and/or additional risks associated with participation in any Activities at Bounce Zone Tampa, Inc., including but not limited to use of bounce houses, inflatable structures, playscapes, arcades, party rooms, equipment, or facilities; b. Any acts, omissions, or ordinary negligence of Bounce Zone Tampa, Inc. or any of the Indemnities or Premises Parties; c. Injury, illness, property damage, emotional distress, disability, or death sustained by Participant or any minor under their supervision while present at or participating in any activity hosted by Bounce Zone Tampa, Inc.; d. Exposure to or infection by any communicable or infectious disease e. Any person claiming under or through Participant, including but not limited to minor children, family members, guests, or event attendees; f. Any breach, violation, or nonperformance by Participant or their invitees of any provision of this agreement or of any applicable law, regulation, or safety policy; g. The failure or malfunction of any equipment, structure, or facility owned, leased, or operated by Bounce Zone Tampa, Inc., regardless of cause or foreseeability. If any claim or action is brought against the Indemnities for which Participant has agreed to indemnify and defend, Participant agrees, upon notice from Bounce Zone Tampa, Inc., to promptly defend such action at Participant’s sole cost using legal counsel reasonably acceptable to Bounce Zone Tampa, Inc. To the fullest extent permitted by law, Participant waives all rights to consequential, incidental, indirect, or special damages, and agrees that this release is binding upon themselves, their heirs, executors, administrators, and assigns Participant agrees that this release, waiver, and hold harmless agreement shall also extend to and include the owner(s) of the building and premises, the landlord, the property manager, and their respective officers, agents, and employees. 5. Medical Treatment Authorization and Incident Reporting: In the event of an injury, Participant authorizes Bounce Zone Tampa, Inc staff to administer minor first aid or obtain emergency medical care at the Participant’s expense. Participant must immediately report any injury to the main office and complete an official incident report before leaving the premises. I understand that failure to file such a report and submit relevant medical records, I waive my right to make any claim under Bounce Zone Tampa, INC’s liability insurance. 6. Photo/Video Release: Participant grants permission for Bounce Zone Tampa, Inc to photograph or video record themselves or their child(ren) for marketing purposes, including social media, without compensation. 7. Age Restrictions: Bounce Zone Tampa, Inc activities are limited to children under 12 years of age. Any individuals over 12 years of age who enter the play area agree to waive all liability claims related to participation or presence within the facility. 8. Infectious Disease and COVID-19 Liability Waiver: By signing this Agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 while visiting Bounce Zone Tampa, Inc. I understand that this exposure may result in injury, illness, or death and accept full responsibility for any associated claims. I acknowledge that use of the facility and participation in activities may still carry the risk of exposure to other communicable diseases, including but not limited to, COVID-19, Influenza (flu), RSV, Norovirus, Hand, foot, and mouth disease, and any other contagious viral or bacterial infection These risks may result from interactions with other guests, staff, or surfaces within the facility, and may cause serious illness, permanent disability, or death. I understand that such risks may result from the actions, omissions, or negligence of myself, other participants, or Bounce Zone Tampa, Inc. I further agree that I will not attend or permit my child(ren) to attend Bounce Zone Tampa, Inc if we are knowingly ill, experiencing symptoms, or have been advised to isolate due to potential exposure. I acknowledge that this waiver extends to all persons for whom I am legally responsible, including minors listed below and guests attending an event I am hosting. On behalf of myself and my child(ren), I agree to release, discharge, indemnify, and hold harmless Bounce Zone Tampa, Inc., its owners, officers, directors, employees, and agents from any and all claims, liabilities, damages, or expenses arising out of or related to exposure to any communicable disease. 9. Third-Party Vendors and Food Liability: Bounce Zone Tampa, Inc. may allow the use of third-party vendors, such as caterers, entertainers, or party planners. Bounce Zone Tampa, Inc. assumes no responsibility for the actions, products, services, or equipment provided by third-party vendors. Any food brought onto the premises by guests or vendors is consumed at the participant’s own risk. Bounce Zone Tampa, Inc is not responsible for food allergies or reactions to outside food and beverages. 10. Waiver Duration and Renewal: This Release and Waiver of Liability (“Release”) shall remain valid and enforceable for a period of twelve (12) months from the date of execution. This Release applies to all visits, events, programs, and activities at Bounce Zone Tampa, Inc. during that twelve (12) month period, including all activities currently offered or later added by Bounce Zone Tampa, Inc. during that time. This Release shall automatically expire twelve (12) months after the date of execution and shall not renew automatically. Upon expiration, Participant (or the Parent, Legal Guardian, or Authorized Adult signing on behalf of a minor participant, as defined in this Agreement) must execute a new Release prior to engaging in any further activities at Bounce Zone Tampa, Inc. 11. Jurisdiction and Severability Clause: This Agreement shall be governed by the laws of the State of Florida, and any claims or disputes must be filed in a court of competent jurisdiction in Hillsborough County, Florida. If any portion of this Agreement is found to be invalid or unenforceable, the remaining terms shall remain in full force and effect. Agreement and Signature I HAVE READ THIS DOCUMENT, UNDERSTAND ITS CONTENTS, AND VOLUNTARILY AGREE TO ITS TERMS.
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