Bounce House & Laser Tag Participant Agreement Waiver, Release & Assumption of Risk
PARTICIPATION IN INFLATABLE PLAYGROUND, LASER TAG ACTIVITIES AND ALL OTHER ACTIVITIES ENTAILS KNOWN AND UNANTICIPATED RISKS THAT COULD RESULT IN PHYSICAL AND/OR EMOTIONAL INJURY, PARALYSIS, SICKNESS, DEATH OR DAMAGE TO YOUR SELF AND/OR TO OTHERS. RISKS INCLUDE, BUT ARE NOT LIMITED TO, SLIPPING AND FALLING, INFECTION WITH COVID 19 OR OTHER VIRUS, COLLISIONS WITH FIXED OBJECTS AND/OR OTHER PEOPLE WHICH MAY RESULT IN SPRAINS, FRACTURES, BREAKS, SCRAPES, BRUISES, DISLOCATIONS AND INJURIES TO HEAD, BACK AND NECK AND EVEN DEATH.
In consideration of the services provided by FZS, Inc., a Virginia corporation authorized to do and doing business in the state of Virginia, who is the owner and operator of BOUNCE HOUSE LASER TAG located at 3032 Richmond Rd Williamsburg, VA 23185 (the "Facility") and my desire to spectate and/or participate in the activities and services provided by FZS, Inc. at the Facility today and in the future (FZS, Inc. and its shareholders, owners, agents, managers, directors, officers, trustees, agents, employees, volunteers, representatives, servants, predecessors, successors, assigns, affiliated entities, heirs, personal representatives and all other persons, firms, or entities claiming by or through them are hereinafter known as "FZS"):
I, on behalf of myself, my spouse, my child or children, minor child or children in my custody or care, or other children for whom I am appointed guardian or otherwise legally responsible, my parent(s), my heirs, assigns, personal representative and estate hereby:
(a) agree to use the Facility and its equipment in a safe and responsible manner;
(b) agree to abide by the Facility rules and instructions and the directions of Facility employees and representatives, whereby I acknowledge that (i) those rules, instructions and directions are intended to promote the safety of both myself and others; (ii) my failure or refusal to abide by those rules, instructions and directions can lead to the immediate revocation of my right to use the Facility and its equipment, without any right to refund of any payments made; and (iii) in the event of sickness, accident or injury, I authorize the Facility employees and representatives to obtain, on my behalf, emergency medical treatment and to secure such medical treatment at my expense;
(c) agree to fully and forever waive, release and discharge and covenant not to sue FZS from any and all claims, actions, causes of action, demands, judgments, damages (including compensatory, general, special, consequential, exemplary and punitive), liability or obligations of any nature or kind, whether known at the time I leave the Facility or which may arise or become known later, which accrue on account of, or in any way arise out of or in connection with: (i) my activities within the Facility; (ii) the activities within the Facility by others; (iii) the operation of the Facility by FZS; (iv) my use of any and all of the Facility; and (v) my use of any and all equipment within the Facility, whether owned by me, FZS or a third party;
(d) agree to indemnify and hold FZS harmless from and against any and all losses, liabilities, claims, obligations, costs, damages, and/or expenses whatsoever, including, but not limited to, any and all attorneys' fees, costs, damages and/or judgments directly or indirectly arising out of, or relating to my acts or omissions (or those for whom I am legally responsible) while participating in any activities at the Facility;
(e) agree to accept and assume all of the risks which accompany the Facilities activities and represent that my participation in the activities is purely voluntary and I elect to participate in the activities notwithstanding the risks;
(f) fully understand that participating in the activities within the Facility involves physical exertion and potential exposure to COVID 19 or other harmful virus strains; and accordingly represent that I (i) am in sufficient good health to participate in activities within the Facility; (ii) I do not have any pre-existing physical or medical condition, including without limitation diagnosis or symptoms of COVID 19, pregnancy, orthopedic problems, including back problems; heart problems; and/or breathing problems, that might be impacted or worsened by my use of the Facility; and (iii) will not use the Facility and its equipment while under the use of any drugs, alcohol or medications that may impair my physical abilities or judgment;
(g) certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in the activities within the Facility, or if not, I agree to bear the costs of such injury or damage to myself and others; and,
(h) authorize FZS and its successors to capture my image, likeness and sounds in photographs, videotapes, recordings or other forms of media ("Images"). I acknowledge that FZS will own such Images and I grant permission, without compensation, for FZS, or any affiliated party of the Bounce House & Laser Tag brand, to copyright, display, publish, distribute, use, modify and print such Images in any lawful manner, including without limitation, in publications, advertisements, brochures, web sites, social media and other electronic displays and transmissions thereof. The foregoing authorization shall not include using my name with any Image, unless I agree otherwise in writing.
I agree that any legal proceeding shall be filed solely in the state of Virginia and I further agree that the substantive law of Virginia shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
By electronically agreeing to the terms contained herein, I acknowledge that if anyone is hurt or property is damaged during my participation at the Facility, I may be found by a court of law to have waived my right to maintain a lawsuit against FZS on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire agreement. I have read and understood it, and I agree to be bound by its terms.
I understand and agree that: (i) that this Waiver, Release and Assumption of Risk gives up important legal rights; (ii) I am giving up these important legal rights voluntarily, freely, under no threat of duress, without inducement, promise or guarantee being communicated to me; and (iii) the signature below is proof of my intention to execute a complete and unconditional WAIVER AND RELEASE of all liability to the full extent of the law.
PARENT OR GUARDIAN CONSENT
I have read and understand the terms of this WAIVER, RELEASE AND ASSUMPTION OF RISK AGREEMENT and covenant not to sue and unconditionally agree to its full terms, statements, warranties, notices, representations, waivers and releases on behalf of both myself and marital community, if any, and my child or ward or other minor child in my custody or care.
All such terms, statements, warranties, notices, representations, waivers and releases fully apply to my child or ward as if I was the participant. I understand that, by electronically acknowledging and agreeing to these terms, I am giving up important legal rights both on behalf of myself and my child or ward or other minor child in my custody or care regarding potential rights and claims against FZS. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
I hereby warrant and represent that if I am neither the Child's Parent nor legal Guardian, I have been granted the expressed authority to execute this Waiver, Release and Assumption of Risk Agreement by, and on behalf of, the Child's Parent or legal Guardian.