Flight Fit N Fun Sewell LLC d/b/a High Elevations Trampoline Park
Participant Agreement, Release and Waiver of Liability, Indemnification, and Assumption of Risk
This is an agreement between "I" (the guest, the guest's family or party, and the guest's next of kin, heirs, executors, personal representatives, estate, insurers, successors, spouse, and assigns) and "you" (Flight Fit N Fun Sewel LLC, High Elevations, LLC, its corporate parent, subsidiaries, or affiliates; its owners, directors, officers, employees, agents, insurers, promoters, advertisers, franchisors, franchisees, lessees, and volunteers; their heirs, assigns, and next of kin; each and every landowner, municipal or governmental agency upon whose property a facility or activity is conducted; their builders, manufacturers, designers, sellers, installers, or landlords of the facilities or equipment; and all other persons or entities acting in any capacity on their behalf or in their interests).
I wish to engage in "covered activities" (i.e., enter upon or remain in your properties, engage in activities at your properties, and use your facilities or equipment, including trampolining, trampoline dodgeball, trampoline basketball, and foam pits) now and in the future. I agree that whenever I am engaged in the covered activities:
|1. Assumption of the Risks of Participation. I understand that the covered activities present inherently dangerous activities and participating in the covered activities could result in serious injury or death. Some of these risks of injury include:|
exposed springs, hooks, frames and/or other pieces of equipment; poor lighting; inadequate supervision and/or trained court monitors; inadequate protective padding, mats, netting and/or other equipment; inadequate other safety measures; slipping, tripping, and/or falling; collisions or other contact with components of the facility or other guests; environmental contamination; participating in close proximity with multiple participants; the physical condition, fitness and/or abilities of myself and/or other participants; medical conditions not currently known to me; weight differences between myself and other participants; environmental conditions; or improper or defective design, manufacture, installation, maintenance, use, marketing, selection, training, supervision, staffing, inspection, instructions, warnings, or operations of the covered activities, properties, equipment, or employees, whether such action is undertaken by myself, you, or other patrons.
Further, everything may be done correctly, and all equipment may perform properly and there is still risk of injury or death that no amount of training or care can ever fully eliminate. I will voluntarily participate and assume all risks of injury, death, or loss, whether currently known or unknown.
|2. Waiver. To the fullest extent allowed by law, I release and discharge you from, and covenant not to sue you for, any liability for losses or injuries, whether currently known or unknown, which may arise out of the covered activities at any time, whether such losses or injuries result from your negligence or some other cause. |
|3. Medical and Physical Problems. I represent that neither I nor anyone in my family or party have any medical or physical conditions (including but not limited to, any heart condition, high blood pressure, back ailments or any other condition), nor am I or they under any medical treatment for injury or other condition, that may impair my or their ability to safely participate in the covered activities. I will inform you if I or they are not fully qualified to participate safely in the covered activities for any reason. I have adequate health insurance and I understand that they are responsible if I or they are injured and require medical treatment. I hereby authorize any transportation or medical treatment by qualified personnel deemed necessary in the event of any injury to my family, party, or myself while participating in the covered activities, and I authorize the release of any medical information necessary for that purpose. I either have appropriate insurance or, in its absence, agree to pay all costs of transportation and/or medical services as may be incurred on behalf of myfamily, party, or myself.|
| ||4. Indemnity Agreement. I will indemnify, hold harmless, and defend you from any losses, injuries, liabilities, claims, or suits made or sustained by myself or anyone else arising out of the covered activities, including all expenses and attorney fees thereby incurred by you.|
|5. Code of Conduct. I agree that I have and/or will review and obey your rules, court monitors, video, and other warnings or instructions for engaging in the covered activities. I accept full responsibility for any damage I cause to your equipment or property. I will report any injury I sustain before leaving your property, and will identify any witnesses, as well as the cause of any injury.|
|6. Publicity. I agree that any film or photographs of me as a participant on your property may be used for supervision, promotional or commercial purposes, and without my prior approval. I authorize and release to you the use of my image in any photograph or video recording during any covered activity.|
|7. Choice of Law. The laws of the state of New Jersey shall govern the rights and obligations of you and I to this Agreement, as well as its interpretation, construction, and enforceability, without regard to any conflict of law rules. You and I are deemed joint authors of this Agreement, and it shall not be construed against you or I under any rules of construction.|
|8. Dispute Resolution Process. I agree that any dispute or claim against you arising under or with respect to this Agreement or any covered activity shall be brought solely in Sewell, New Jersey. Both parties waive any claim of inconvenient forum or improper venue for any proceeding brought under this clause. The parties hereby waive any other venue to which they might be entitled. If either party initiates or files suit before any other courts, it is agreed that upon application any such suit or action shall be dismissed, without prejudice, and may be filed in accordance with this provision. The party bringing the suit or action before a court not agreed to hear it shall pay to the other party all the costs of seeking dismissal, including reasonable lawyer's fees. I agree that no such dispute or claim may be commenced more than one year after the occurrence of the events alleged to give rise to such a claim. I hereby voluntarily waive any right I may have to a trial by jury in any action, proceeding, or litigation involving you. Any controversy or claim arising out of or relating to this Agreement or any covered activity shall be resolved by binding arbitration. To file a demand for arbitration under this contract:|
• You will prepare a written demand setting forth your claim, along with the American Arbitration Association's necessary filing fee; and
• You must submit to the Commercial Arbitration Rules of the American Arbitration Association in effect at the time the demand is filed, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, except as follows:
o The arbitrator shall have the authority to issue an award or partial award without conducting a hearing on the grounds that there is no claim on which relief can be granted or that there is no genuine issue of material fact to resolve at a hearing, consistent with Federal Rules of Civil Procedure 12 and 56;
o The arbitrator must issue the award in writing, setting forth in summary form the reasons for the arbitrator's determination;
o The arbitrator's authority shall be limited to deciding the case submitted by the party bringing the arbitration, and therefore, no arbitrator's decision shall serve as precedent in other arbitrations or disputes;
o The arbitrator shall have a professional, management background in the trampoline park or amusement business;
o The parties waive all formalities required by statute for arbitration;
o The parties will cooperate so that the dispute resolution proceeds on an expedited basis.
o The arbitrator shall have no power to make any errors of law or of legal reasoning.
o I acknowledge that I am not leasing or renting any product, and I am merely receiving a revocable and non-exclusive right to participate in the covered activities. I waive any right to pursue any claim or action based on products or strict liability.
|9. Termination. The terms of this agreement shall continue and be in effect for ever into the future, even after the covered activities have ended. It will have full force and legal effect every time I engage in covered activities.|
|10. Merger. No oral representations or statements or inducements have been made to me that change, alter, or modify anything within this written agreement.|
|11. Entire Agreement. The parties agree that there are no other agreements between them relating to the covered activities. This Agreement supersedes all prior agreements, oral or written, between youand I and is intended as a complete and exclusive statement of the Agreement between you and I. I agree that neither this Agreement, nor its execution, has been induced by any reliance, representation, stipulation, warranty, agreement, or understanding of any kind other than those herein expressed. No change or modification of this Agreement shall be valid unless the same is in writing and signed by you and I.|
|12. Severability. If any provision of this Agreement is held invalid, the invalidity shall not affect other provisions of the Agreement that can be given effect without the invalid provisions, and to this end the provisions of this Agreement are to be severable.|
I have read, understand, and agree to this Agreement and waiver. If I am a minor, I have discussed the contents of this document with my parent or legal guardian and have their consent to sign it and engage in the covered activities.
Parent/Guardian Waiver & Indemnity Agreement
This participant is a minor. I am the parent or legal guardian of this participant. I have read this entire Agreement and I agree that this participant may engage in the covered activities and that both I and this participant will be bound by this Agreement's terms.
|1. Waiver. I agree, personally and on behalf of this participant, to release and discharge you from any liability for losses or injuries that may arise out of the covered activities at any time, whether such losses or injuries result from your negligence or some other cause. I further agree to indemnify, hold harmless, and defend you from and against any loss, damage, liability, and expense, including costs and attorney fees, incurred by you as a result of this participant engaging in the covered activities.|
|2. Medical and Physical Problems. I hereby represent that this participant is in good health, that there are no special problems associated with the care of the minor, and that I have informed you of any special instructions regarding this participant. I authorize you to render emergency first aid to this participant, and to call for medical care for this participant or to transport this participant to a medical facility or hospital (if available) if, in your opinion, medical attention is needed for this participant. I further authorize appropriate medical personnel to render such medical treatment as is necessary for the health of this participant, in their professional opinion. I agree that once this participant is transported to the medical facility or hospital, you will have no further responsibility for this participant, and I agree to pay all costs associated with such medical care and transportation.|