BUBBLE BASH, LLC, PARTICIPANT AGREEMENT, ACKNOWLEDGEMENT OF RISK, ASSUMPTION OF RISK, RELEASE OF LIABILITY AND CONSENT TO USE OF LIKENESS AND PHOTOGRAPHS NOTICE: READ THIS FORM COMPLETELY AND CAREFULLY
In consideration of being allowed to Bubble Bash, LLC Equipment and to participate in the services and activities, including, but not limited to Bubble Soccer, Archery Tag, Dodgeball, Virtual Reality, and any other amusement and entertainment activities (collectively, “ACTIVITIES”) provided by BUBBLE BASH, LLC (“BUBBLE BASH”), its agents, owners, affiliates, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf I, on behalf of myself, and/or on behalf of my minor child(ren)/ward(s), and on behalf of any minor on whose behalf I sign this Agreement (collectively, “CHILD”), hereby acknowledge, affirm, and agree to the following:
(1) AFFIRMATION OF AUTHORITY: I hereby represent and affirm that I have the legal authority to sign this Agreement on behalf of any CHILD whose name appears on this Agreement. I further acknowledge, understand and appreciate that BUBBLE BASH is relying upon this representation in allowing any such CHILD to participate in the ACTIVITIES.
(2) ACKNOWLEDGEMENT, UNDERSTANDING AND APPRECIATION OF THE RISKS: I acknowledge, understand and appreciate that my participation, and/or the participation of my CHILD in the ACTIVITIES entails known as well as unanticipated risks that could result in death, serious physical or emotional injury, paralysis, or damage to me, my CHILD, to property, or to third parties. I further acknowledge, understand and appreciate that such risks simply cannot be eliminated without jeopardizing the essential qualities of the ACTIVITIES. These risks include, among other things: slipping and falling; collision with fixed objects or people; injuries caused by stepping on or falling on equipment or items that have fallen from or were dropped by myself, my CHILD, another participant, or anyone else; injuries including, sprains, fractures, scrapes, bruises and cuts, dislocations, pinched fingers and serious injuries to the head, back, or neck; injuries arising out of the negligence of or otherwise caused by other participants, myself, my CHILD, or anyone else; injuries due to the physical or mental condition or any medical condition that I and my CHILD may have whether known or unknown; injuries due to physical contact with others, including the risk of contracting illness or coming into contact with germs, bacteria or fungi whether by contact with equipment or with another participant or anyone else, and any and all risks associated with exercise, physical exertion and physical activities (hereinafter collectively referred to as the “RISKS”).
(3) ASSUMPTION OF THE RISKS: I expressly agree and promise to accept and assume all of the RISKS arising from my and my CHILD’s participation in the ACTIVITIES. My and my CHILD’s participation in the ACTIVITIES at BUBBLE BASH is purely voluntary, and I and my CHILD elect to participate in spite of the RISKS.
(4) RELEASE OF LIABILITY: I hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue BUBBLE BASH, and their 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 and/or my CHILD’s access to and/or use of the BUBBLE BASH activities, premises and/or its equipment, my and/or my CHILD’s entry into the BUBBLE BASH activities, the condition, maintenance, inspection, supervision, control or security of the BUBBLE BASH grounds/equipment, the failure to warn of dangerous conditions in connection with BUBBLE BASH, and/or the acts or omissions of BUBBLE BASH or any of the RELEASEES, including, without limitation, any claim for negligence, gross 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 and games at the used through BUBBLE BASH party rental services. I understand that this release and waiver applies to and includes all activities that I and/or my CHILD engage in with BUBBLE BASH services.
(5) INDEMNIFICATION: In recognition of the RISKS and death identified above, I accept full financial responsibility for any injury or death I and/or my CHILD may cause to themselves or to any other person due to my and/or my CHILD’s negligence and/or intentional acts or omissions. I agree to indemnify and hold harmless BUBBLE BASH and any other RELEASEES from liability for the injury or death of any person(s) and damage to property that may result from my and/or my CHILD’s negligent or intentional acts or omissions while participating in the ACTIVITIES.
(6) ATTORNEYS’ FEES, INSURANCE: Should BUBBLE BASH or anyone acting on its behalf, be required to incur attorneys’ fees and costs to enforce this Agreement, including but not limited to, attorneys’ fees and costs incurred to defend against claims brought by me or my CHILD, or by third parties arising out of my or my CHILD’s negligence or intentional acts or omissions, I agree to indemnify and hold BUBBLE BASH or anyone acting on its behalf harmless for all such fees and costs. I warrant that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in the ACTIVITIES, or else I agree to bear the costs of such injury or damage myself.
(7) PHOTO RELEASE: By participating in BUBBLE BASH ACTIVITIES, I hereby grant BUBBLE BASH on behalf of myself and my CHILD the irrevocable right and permission to photograph and/or record me or my CHILD in connection with BUBBLE BASH and to use the photograph and/or recording for all purposes, including advertising and promotional purposes, in any manner and in any media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. I waive any right to inspect or approve the use of the photograph and/or recording, and acknowledge and agree that the rights granted to this release are without compensation of any kind.
(8) APPLICABLE LAW/VENUE/ARBITRATION: Any controversy between the parties hereto involving any claim arising out of or relating to use of the facilities, participation in the ACTIVITIES, or otherwise arising out of or relating to this Agreement shall be submitted to and be settled by final and binding arbitration in Palm Beach County, Florida, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. In the event of litigation to enforce arbitration or settlement between the parties to this Agreement, or in the event arbitration is not available, then I agree to venue in the Courts of Palm Beach County in the State of Florida. I agree that the substantive law of Florida shall apply in that action without regard to the conflict of law rules of that state, and I agree to, and hereby do, waive the right to a trial by jury.
(9) SEVERABILITY: I agree and understand that this Agreement is intended to be as broad and as inclusive as permitted by law in the State of Florida and if any portion of this Agreement is found to be void or unenforceable, then the remaining document shall remain in full force and effect.
(10) NO OTHER REPRESENTATIONS, WARRANTIES, PROMISES, ETC.: I understand and affirm that there are no other representations, warranties, promises, understandings, etc., written or oral, regarding the subject matter of this Agreement, and that I will bound by the terms of this Agreement. I further understand that any amendment, change, or modification of this Agreement must be in writing and signed by BUBBLE BASH in order to change any term contained herein.
NOTICE TO THE MINOR CHILD’S PARENT OR NATURAL GUARDIAN:
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF BUBBLE BASH AND ALL OTHER RELEASEES USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM BUBBLE BASH AND ALL OTHER RELEASEES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND BUBBLE BASH AND ALL OTHER RELEASEES HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
a. There are inherent risks in the activities provided by Bubble Bash.
b. Management/representatives assume no responsibility for injury. Play at your own risk.
c. Participant(s) signed herein maintain sufficient insurance or resources for the treatment of any injury.
d. People with pre-existing injuries or conditions that prevent safe play or are at risk of re-occurrence during play should NOT participate.
e. Participant(s) assume responsibility for any damage or injury to others caused by his or her failure to follow the safety rules defined by Bubble Bash, LLC.
By signing below, I affirm, understand and agree to the above terms in their entirety.
Please complete the following for all participants pertaining to your care. If you are 18 years of age or older and are the only participant, please select the correct option below:
What is the Party # you are completing this waiver for?
I am completing this waiver for:
Myself to participate. I certify that I am 18 years of age or older.
Myself and/or my minor children to participate. I certify that I am 18 years of age or older.
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