Whitaker Wonderland Release 2018
Email address *
By signing below, I represent and warrant that I am the parent, legal guardian, or power-of-attorney of the below listed Child(ren) and have the authority to execute this Agreement on his/her or their behalf and to act on his/her or their behalf. I have read each and every paragraph in this document and I and they agree to be bound by the terms stated therein, including the release of liability contained therein. I further agree to indemnify and hold harmless the Releasees from any and all claims which are brought by or on behalf of this or these minor Child or Children, or any of them, which are in any way connected with, arise out of, or result from their use of the Whitaker Center equipment, exhibits or activities. I am 18 years of age or older. I am entering this agreement on behalf of myself, my spouse or domestic partner, the Child, and our respective and/or collective issue, parents, siblings, heirs, assigns, personal representatives, estate(s), and anyone else who can claim by or through such person or persons (collectively, the “Releasing Parties”). In summary, by my signature below, I acknowledge that if I or any of my children are injured in any way, this waiver prevents and prohibits any recovery of money from Whitaker Center. PLEASE TYPE YOUR FULL FIRST AND LAST NAME below: *
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I agree to signing this document electronically by typing my name as it appears above: *
FIRST AND LAST name of additional individual in your party: (One per line please)
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The undersigned has voluntarily elected to use and, if applicable, to allow the minor child(ren) identified above and all minor children under my supervision and referred to individually and collectively herein as “Child,” to use the Whitaker Center facilities and equipment located at 222 Market Street, Harrisburg, PA 17101. In consideration for being allowed to use said facilities and equipment, and any other services provided by Whitaker Center or its employees or agents at said location, or any other location within the Commonwealth of Pennsylvania, I represent, acknowledge and agree as follows: *
GENERAL RELEASE: I acknowledge and agree that this Agreement covers and is intended to release and provide other benefits, legal protections, and consideration to Whitaker Center and its agents, officers, directors, volunteers, participants, employees, and all other persons or entities acting in any capacity on its respective or collective behalf. *
RELEASE OF POTENTIAL INJURIES: I acknowledge and agree that the use of equipment at Whitaker Center and that participating in physical activities involving interactive exhibits and interaction with other patrons can be dangerous. These risks include serious physical or emotional injury, paralysis, death, damage to myself, the Child, and/or third parties, and damage to personal property of any or all such persons. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity, which I further agree is for recreational purposes and completely voluntary. I acknowledge and agree that, while the activities that take place at the Whitaker Center are monitored generally by Whitaker Center employees and volunteers, it is not feasible for such employees and volunteers to monitor the activities and actions of all customers at all times or all customers simultaneously. Furthermore, Whitaker Center employees and volunteers have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s health or abilities. They may give incomplete warnings or instructions, and the equipment being used might malfunction. *
VOLUNTARY ASSUMPTION OF RISK: I acknowledge and agree that I and the Child are participating voluntarily at our own risk. I acknowledge and agree that the actions or activities of other customers or the actions or inactions of Whitaker Center employees or volunteers could cause me or the Child significant bodily injury (as described in this Agreement), and that Whitaker Center is not responsible for the actions or activities of customers using the Whitaker Center or the negligence of its employees or volunteers in supervising the Whitaker Center or its usage, including actions, activities, or omissions that result in such harm. Some of the risks include, but are not limited to, the following:a) Participants may die or become paralyzed, partially or fully, through their use of the Whitaker Center and participation in activities therein.b) Participants may suffer cuts, scrapes, bumps, bruises, the transmission of disease strains and allergic reactions through use of the Whitaker Center equipment or contact with other participants or surfaces they have contacted. Participants may sprain, pull, break or otherwise seriously externally or internally injure their head, face (including nose and teeth/jaw), neck, torso, spine, arms, wrists, hands, legs, ankles, feet or other body parts as a result of falling or making contact with other participants. As noted in paragraph a) above, such injuries can lead to paralysis, disfigurement or death. Participation may result in heat stroke, heart attacks, dehydration and other exertion-related medical events.c) Observing, standing, sitting or taking photographs at or near any activity can result in similar physical injury (even if the observer is not himself or herself participating at the time). *
AGREEMENT TO PAY MY OWN MEDICAL EXPENSES: I acknowledge, accept, and assume the risk of any and all medical conditions, limitations, or disabilities (whether temporary or permanent) that I or the Child possess, whether known or unknown, which might contribute to or exacerbate any injury I or the Child might sustain as a result of using the Whitaker Center or any of its equipment. I acknowledge and agree that if medical assistance (of any form, including emergency care, hospitalization, out-patient care, and/or physical therapy) is required or performed as a result of any injury I or the Child sustains while using the Whitaker Center, such assistance shall be at my own expense.
RELEASE OF LIABILITY: The Releasing Parties hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue Whitaker Center, and its successors, predecessors-in-interest, and insurers (collectively, the“Releasees") from any and all claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, attorneys’ fees, 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 the Child’s access to and/or use of the Whitaker Center premises and/or its equipment, the Child’s and/or my entry into the Whitaker Center, the condition, maintenance, inspection, supervision, control or security of the Whitaker Center, the failure to warn of dangerous conditions in connection with the Whitaker Center, and/or the acts or omissions of Whitaker Center or any of the Releasees, including, without limitation, any claim for negligence, failure to warn or other omission, property damage, personal injury, emotional injury, illness, bodily harm, paralysis or death. I understand that this release and waiver applies to all equipment and all activities, exhibits and games at Whitaker Center. I understand that this release and waiver applies to and includes all activities that I or my Child engage in at the premises, whether inside or outside the Whitaker Center. In the event that any claim released herein is brought by, or asserted on behalf of, the Releasing Parties, I shall immediately defend, indemnify and hold harmless the Releasees, and any of them, from any loss or liability, including reasonable attorneys' fees, associated therewith or arising therefrom.I understand and fully acknowledge and agree that all of the risks identified herein and any other risks associated with use of the Whitaker Center and its equipment are beyond the control of the Releasees. I agree and acknowledge that should Whitaker Center or any other Releasee or anyone acting on their behalf, be required to incur attorneys' fees and/or costs to enforce this agreement, I agree to immediately defend, indemnify and hold Whitaker Center and any other Releasee or them harmless for and against all such attorneys’ fees and/or costs. *
ARBITRATION OF DISPUTES; TIME LIMIT TO BRING CLAIM: I understand that by agreeing to arbitrate any dispute as set forth in this section, I am waiving my right, and the right(s) of the minor child(ren) above, to maintain a lawsuit against Whitaker Center and the other Releasees for any and all claims covered by this Agreement. By agreeing to arbitrate, I understand that I will NOT have the right to have my claim determined by a jury, and the minor child(ren) above will NOT have the right to have claim(s) determined by a jury. Reciprocally, Whitaker Center and the other Releasees waive their right to maintain a lawsuit against me and the minor child(ren) above for any and all claims covered by this Agreement, and they will not have the right to have their claim(s) determined by a jury. ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO MY OR THE CHILD’S ACCESS TO AND/OR USE OF THE WHITAKER CENTER PREMISES AND/OR ITS EQUIPMENT, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE BROUGHT WITHIN ONE YEAR OF ITS ACCRUAL (i.e., the date of the alleged injury) AND BE DETERMINED BY ARBITRATION IN DAUPHIN COUNTY, PENNSYLVANIA, BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS RULE 16.1 EXPEDITED ARBITRATION RULES AND PROCEDURES. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. This Agreement shall be governed by, construed and interpreted in accordance with the laws of the Commonwealth of Pennsylvania, without regard to choice of law principles. Notwithstanding the provision with respect to the applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Sec. 1-16). I understand and acknowledge that the JAMS Arbitration Rules to which I agree are available online for my review at jamsadr.com, and include JAMS Comprehensive Arbitration Rules & Procedures; Rule 16.1 Expedited Procedures; and, Policy On Consumer Minimum Standards Of Procedural Fairness. *
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 Whitaker Center. *
PHOTO/VIDEO/SOCIAL MEDIA WAIVER: In connection with my and the Child’s use of the Whitaker Center, I consent to the recording of the Child’s and my physical likeness through mechanical, photographic, technical, digital, electronic or other means (“Recordings”). I hereby consent to and authorize Whitaker Center and its agents, representatives, employees, successors and assigns to use, in perpetuity, such Recordings, as well as the Child’s name and my name, for any purpose, including advertising, promoting, exploiting and/or publicizing Whitaker Center. I further agree that the foregoing includes the consent to use the Child’s and/or my physical likeness in any form. In addition, I waive any and all claims I may have in connection with the Recordings. *
SAFETY IS YOUR RESPONSIBILITY: I AND EACH CHILD AGREE TO FOLLOW THE CODE OF PATRON RESPONSIBILITY: a) You acknowledge that there are inherent risks in the participation in activities or interaction with exhibits, equipment or other patrons. Patrons accept the risks inherent in participation of which the ordinary prudent person is or should be aware. Patrons have a duty to exercise good judgment and act in a responsible manner while using equipment or exhibits or engaging in activities within Whitaker Center. Patrons have a duty to obey all oral or written warnings, or both, prior to or during participation, or both. b) You have a duty to not participate in any activity or use any other equipment when under the influence of drugs or alcohol.c) You have a duty to properly use all safety equipment provided.d) You have a duty to not engage in other activities or use equipment if you have pre-existing medical conditions, circulatory conditions, heart or lung conditions, recent surgeries, back or neck conditions, knee or ankle conditions, high blood pressure, known pregnancy, any history of spine, musculoskeletal or head injuries, or if you may be pregnant.e) You have a duty to remove inappropriate attire including hard, sharp or dangerous objects such as buckles, pens, purses, badges and so forth.f) You have a duty to avoid bodily contact with other patrons.g) You have a duty to conform with or meet height, weight or age restrictions imposed by the manufacturer or owner.h) You have a duty to use equipment, within your own limitations, training and acquired skills.i) You also agree to follow and obey all posted and stated warnings and patron education signs.j) You agree to explain all safety rules to each Child you accompany, and to ensure that each Child obeys the safety rules.I have had sufficient opportunity to read this document. I have read and understood and agree to be bound by its terms. I understand that employees or volunteers working at Whitaker Center, including the manager, do not have the authority to waive any provision of this Agreement. This Agreement constitutes and contains the entire agreement between Whitaker Center and me relating to the Child’s and my use of Whitaker Center exhibits, equipment and activities. There are no other agreements, oral, written, or implied, with respect to such matters. I agree that if any portion of this Agreement is found to be unenforceable, the remaining portions shall remain in full force. *
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