This Waiver, Release of Liability and Assumption of Risk (this “Agreement”) is entered into by the individual named below (the “Participant”), and Bounce Empire LLC (“Bounce Empire”) as of the date indicated below. In consideration of Bounce Empire (i) permitting Participant to access the premises located at 1380 S. Public Road, Lafayette, Colorado (the “Premises”), and (ii) providing Participant the opportunity to participate actively or passively, in bounce house and adventure park related activities (collectively the “Activities”), the parties agree as follows:
1. Inherent Risks Associated with the Activities. Participant acknowledges there are inherent risks related to engaging in the Activities and that injuries to Participant or others may result from participating in the Activities. Participant understand and acknowledges that certain risks cannot be eliminated due to the nature of the Activities, and that these elements and risks may be causes of injury, illness, permanent disability, trauma, or death. These risks and dangers include but are not limited to falling; landing on or striking padded or unpadded surfaces; being injured by falling objects or other participants; being injured by the actions or inactions of other participants; equipment failures of any kind; physical injury as a result of engaging in physical activity; and the contraction of communicable illnesses. Participant recognizes that the foregoing list of risks are examples of the risks that Participant is assuming by accessing the Premises and/or participating in the Activities and that Participant also assumes risks not specifically listed above. Participant agrees that if Participant encounters these risks, serious injury, illness, or death may result, and Participant understands that no amount of care, caution, instruction or expertise can eliminate these risks. Participant agrees accessing the Premises and engaging in the Activities involves certain risks, inherent and otherwise, including the risk of death, illness, or serious personal injury, regardless of whether Participant follows Bounce Empire’s safety instructions or recommendations, such as those pertaining to Premises rules and regulations. PARTICIPANT AFFIRMS THAT PARTICIPANT’S ACCESS TO THE PREMISES AND PARTICIPATION IN THE ACTIVITIES IS VOLUNTARY AND PARTICIPANT KNOWINGLY, WITH UNDERSTANDING OF THE RISKS AND POTENTIAL INJURIES, ASSUMES ALL RISKS ASSOCIATED WITH THE ACTIVITIES AND/OR ACCESS TO THE PREMISES.
2. Release and Indemnity. TO THE FULLEST EXTENT PERMITTED BY LAW, PARTICIPANT RELEASES, AGREES NOT TO SUE, AND SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS BOUNCE EMPIRE, THE LEGAL OWNER OF THE PREMISES, MORTGAGEES OF BOUNCE EMPIRE, AND ANY OF THEIR AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, AGENTS, EMPLOYEES AND CONTRACTORS OF BOUNCE EMPIRE (COLLECTIVELY, “PROTECTED PARTIES”) FROM AND AGAINST ALL LIABILITIES, LOSSES, DAMAGES, CLAIMS, DEMANDS, ACTIONS, SUITS, COSTS, FEES, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) RELATING TO, RESULTING FROM, OR ARISING OUT OF PARTICIPANT’S BREACH OF THIS AGREEMENT, ACCESS TO THE PREMISES, AND/OR ENGAGEMENT IN THE ACTIVITIES. THIS RELEASE AND INDEMNITY SHALL APPLY EVEN IF THE CLAIM IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT OF THE PROTECTED PARTIES.
3. Dispute Resolution. The laws of the state of Colorado shall govern the rights and obligations of the parties to this Agreement and the interpretation, construction and enforceability of this Agreement. Any dispute or claim arising out of or relating to this Agreement, the Premises, and/or the Activities (each a “Dispute”) shall be brought by the parties in their individual capacity in Denver, Colorado and not as a plaintiff or class member in any purported class or representative capacity, and settled by binding arbitration before a single arbitrator administered by the American Arbitration Association per its Commercial Industry Arbitration Rules in effect at the time the demand for arbitration is filed. The arbitrator shall have no authority to award punitive or exemplary damages. TO THE EXTENT PERMITTED BY LAW, PARTICIPANT AND BOUNCE EMPIRE KNOWINGLY, WILLINGLY, AND VOLUNTARILY, WITH FULL AWARENESS OF THE LEGAL CONSEQUENCES, AFTER CONSULTING WITH COUNSEL (OR AFTER HAVING WAIVED THE OPPORTUNITY TO CONSULT WITH COUNSEL) AGREE TO WAIVE THEIR RIGHT TO A JURY TRIAL OF ANY DISPUTE AND TO RESOLVE ANY AND ALL DISPUTES THROUGH ARBITRATION.
4. Acknowledgements. Participant agrees that there are no oral agreements, representations, promises, or warranties that are not expressly set forth herein, and that Participant is not relying on any statements or representations of the Protected Parties that are not expressly contained herein. Participant expressly agrees that this Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Colorado. This Agreement shall be effective upon execution by Participant and shall continue in force, unless sooner terminated pursuant to a written notice, for so long as Participant accesses the Premises and/or engages in Activities. If any term, provision, or condition, or any part thereof, of this Agreement shall for any reason be found or held to be invalid or unenforceable by a court or governmental agency of competent jurisdiction, such invalidity or unenforceability shall not affect the remainder of such term, provision, or condition or any other term, provision, or condition, and this Agreement shall survive and be construed as if such invalid or unenforceable term, provision or condition had not been contained therein.
5. Participant Representations. Participant represents to the Protected Parties as follows:
(a) Participant possesses a sufficient level of skill and physical fitness for safe participation in the Activities.
(b) Participant is not aware of any health problems that may prevent Participant from participating in the Activities.
(c) Participant has received either medical clearance from Participant’s physician prior to participation in the Activities or has determined that such clearance is not necessary for Participant’s safe participation in the Activities.
(d) Participant shall assume all costs of emergency medical care and transportation of Participant.
(e) Participant shall discontinue participation in the Activities if Participant feels any unusual discomfort (e.g., faintness, shortness of breath, high anxiety, or chest pains).
6. Media Release. Participant agrees that Bounce Empire reserves the right to use any photograph, video recording, audio recording, or any other media taken at the Premises, or in connection with any of the Activities (collectively “Media”) to create promotional materials, social media posts, and otherwise as permitted by applicable law. Participant agrees that Bounce Empire may use Media for any purpose in accordance with this Agreement without specific permission or compensation to Participant.
BY SIGNING THIS AGREEMENT, I REPRESENT THAT I HAD A SUFFICIENT OPPORTUNITY TO READ THIS AGREEMENT, UNDERSTAND THIS AGREEMENT, AND AGREE TO BE BOUND BY THIS AGREEMENT, THE BOUNCE EMPIRE RULES AVAILABLE AT HTTPS://BOUNCEEMPIRE.COM/RULES (the “BOUNCE EMPIRE RULES”), AND ALL REASONABLE INSTRUCTIONS OF BOUNCE EMPIRE REPRESENTATIVES.
General House Rules.
- Guests must always observe and obey all staff safety commands.
- Shoes are required at Bison Bistro, Bathrooms, Theaters, Party Rooms, Lounge and Terrace.
- No outside food or drink unless preorganized with staff.
- No gum.
- No offensive language or behavior.
- No running or climbing except in inflatables.
- No physical contact unless otherwise posted.
- No meals in Rubbish Lounge. Only designated appetizer bowls.
- No people under the age of 21 are allowed in Rubbish Bar and Lounge.
- Dress code must be family appropriate. See Dress Code for more details.
- Guests under 18 years of age must be accompanied by an adult guardian.
- Each guardian may bring no more than 6 underage persons into the premises.
- Guardians are fully responsible for their charges, and they must ensure those underage persons obey all the facility rules and are liable for all damages.
- No smoking, vaping, tobacco, or drugs of any kind.
- No firearms or weapons allowed except by law enforcement.
- “We may refuse service to ensure the safety of Bounce Empire and our guests, and otherwise in our reasonable discretion.”
Amusement Floor Rules
Inflatables are dangerous, ride at your own Risk
- Follow all posted rules by the entrance of each inflatable including weight, height and number of participants allowed at one time.
- No physical contact unless otherwise noted.
- Absolutely no beverages on inflatables.
- New socks are required for every visit.
- Long sleeves and pants are highly recommended.
- No shoes on the activity floor.
- No food on the activity floor.
- One person down a slide at one time.
- Ensure slides are clear before sliding.
- Feet down slides first. Keep feet together.
- No dangerous or “extreme” moves such as flips, somersaults and dives.
- No Jewelry, watches, eyeglasses or sharp objects on inflatables.
- Empty pockets before entering inflatables.
- Long hair must be tied back on inflatables.
- Don’t use inflatables if pregnant, with underlying health conditions or under the influence of drugs or alcohol.
- Guardians are responsible for underage persons at all times and with understanding, assumes all responsibility of adherence to posted guidelines and/or restrictions of each attraction.
- Do not consume alcohol to the extent your judgment is impaired.
- Do not give alcohol to minors under any circumstances.
- Do not leave your drink unattended.
- Do not participate on inflatable activities under the influence of alcohol.
- Alcoholic drinks are not allowed to leave the facility.
- Have transportation provided if under the influence of alcohol. Do not drink and drive.
- Appropriate, clean attire is required at Bounce Empire. Bounce Empire reserves the right to modify the dress code guidelines for any reason, including or due to local or seasonal conditions or special events.
- Persons wearing torn or soiled clothing will be admitted at the discretion of management.
- No hats, ripped clothing, jewelry or visible tattoos with offensive language or imagery.
- Shoes and shirts required.
- Sunglasses may not be worn on premises.
- We do not allow clothing which exposes underwear or excessive portions of the skin, which may be viewed as inappropriate in a family environment.
Date Signed: September 22, 2023