Release Of Liability, Waiver Of Claims And Assumption Of Risks (the “Release”)
The activities at Kidlavie Alabama LLC, Kidlavie Nebraska LLC, Kidlavie Management LLC, Kidlavie Family Park and Restaurant DBA Kidlavie, its affiliates, subsidiaries, and associated and related entities (collectively “Kidlavie”) including, but are not limited to, trampoline bouncing, trampoline dodgeball, trampoline classes/instruction, bounce house, slide rides, zip-line, immersive playground, sand pit; recreational, practice, or competitive activity; events; organized or individual training and conditioning activities; tests, classes, and instruction; individual use of facilities, equipment, shower/locker room areas, and all premises including the cafe, restaurant, workshop and play kitchen, arcade, party rooms elevator, stairs, associated sidewalks and parking lots (collectively, the “Activities”). These Activities provide an opportunity for fun; improved physical fitness; vigorous, healthful exercise; exciting group competition; improved agility and balance; wholesome recreation; and other benefits. Trampolining is an Activity which involves certain risks. The activity and exertion level can range from moderate to very vigorous depending upon your desire. The Activity is suitable for those with trampoline experience as well as those with absolutely no experience who use sufficient caution. Bouncing Activities are the heart of the Kidlavie and can range from basic bounces to more challenging maneuvers; from moderate exercise to very vigorous and challenging exercise. Tube slides and rides involve vigorous competition as competitive teams throw foam balls at each other both in casual games and in league competition.
Kidlavie regards your safety and the safety of others as a top priority. However, regardless of the care taken to avoid injuries or responding to health or medical issues, some risks are inherent in the Activity and cannot be totally eliminated. These inherent risks include, but are not limited to, falls, collisions with other participants (hereafter referred to as "CO-PARTICIPANTS"), contacting a hard surface (e.g., an uncovered beam, frame, or rail; exposed springs or hooks), landing incorrectly, double bouncing (two on the same trampoline), weight differences between you and CO-PARTICIPANTS, catching a foot or other body part under a pad, strikes by dodgeballs or other equipment, and slipping or tripping in the facility. Inherent risks also include unexpected equipment failure; unknown facility hazards; careless behavior by you or CO-PARTICIPANTS; errors in judgment by a Kidlavie employee; and injuries caused by negligence on the part of Kidlavie, its employees, you or CO-PARTICIPANTS.
ASSUMPTION OF INHERENT RISKS
I UNDERSTAND THAT THE INHERENT RISKS OF KIDLAVIE ACTIVITIES ARE SERIOUS AND THAT SOME OF THESE ACTIVITIES INVOLVE RISKS REGARDLESS OF THE CARE TAKEN BY KIDLAVIE. I REALIZE THAT KIDLAVIE ACTIVITIES REQUIRE SOME DEGREE OF SKILL, COORDINATION, AND PHYSICAL FITNESS. I HAVE READ THE PREVIOUS PARAGRAPHS AND:
1. I FULLY KNOW THE NATURE OF THE KIDLAVIE AND THE ACTIVITIES;
2. I UNDERSTAND THE DEMANDS OF THOSE ACTIVITIES RELATIVE TO MY PHYSICAL CONDITION, ABILITIES, LIMITATIONS AND SKILL LEVEL; AND
3. I FULLY APPRECIATE THE TYPES OF INJURIES THAT MAY OCCUR AS A RESULT OF SUCH ACTIVITIES.
I HEREBY ASSERT THAT MY, AND, IF APPLICABLE, MY CHILD'S OR WARD'S, PARTICIPATION AT A KIDLAVIE PROPERTY, PARK OR FACILITY IS VOLUNTARY AND THAT I KNOWINGLY ASSUME ALL INHERENT RISKS OF THE ACTIVITY ON BEHALF OF MYSELF AND, IF APPLICABLE, MY CHILD OR WARD.
Release of Liability for Ordinary Negligence of Kidlavie
In consideration of permission to use the property, facilities, equipment, and services of Kidlavie, today and on all future dates, I, on behalf of myself, my child or ward, my spouse, heirs, personal representatives, my estate, my parents and assigns (referred to hereafter as "RELEASING PARTIES") do hereby waive, release, discharge and covenant not to sue Kidlavie, and their respective owners, directors, officers, employees, volunteers, independent contractors, agents, affiliates, successors, assigns, and equipment suppliers (referred to hereafter as "PROTECTED PARTIES") from liability from any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages and liabilities, grievances, penalties, wages, pain and suffering, mental anguish, emotional distress, expenses, and/or punitive damages, interest, and/or legal fees of every kind and nature, whether known or unknown, in law or equity, including without limitation, on account of injury, death, property damage or other any other damages whatsoever arising out of or attributable to my participation in the activities, due to any cause whatsoever, including without limitation the negligence of the PROTECTED PARTIES, breach of contract, or breach of any statutory or other duty of care owing under occupiers liability legislation or otherwise (collectively, “Claims”), arising from the use of Kidlavie property, park, facilities, equipment and services, including any injury or death resulting from the ordinary negligence of the PROTECTED PARTIES. The scope of this release is intended to be one that is given the fullest effect under the law, and encompasses any Claims for ordinary negligence, including, but not limited to medical treatment provided, and/or not provided in the event of an incident at the facility (whether due to the participation in the Activities or otherwise). The RELEASING PARTIES covenant not to make or bring any such Claim against the PROTECTED PARTIES, and forever release and discharge the PROTECTED PARTIES from liability under such Claims.
This Release applies to:
1. Personal injury, including death, from incidents or illnesses arising from participation in Kidlavie Activities;
2. Any and all Claims resulting from the damage to, loss of, or theft of property; and
3. Consequential and other damages, such as but not limited to your inability to work, resulting from any injury or loss.
Indemnification
The RELEASING PARTIES agree to hold harmless, defend, and indemnify the PROTECTED PARTIES (that is, defend and pay any judgment and costs, including investigation costs, attorneys' fees, experts' fees and related expenses) from any and all Claims brought by the RELEASING PARTIES arising from and/or related to my and, if applicable, my child's or ward's, death, injury, or loss due to involvement in Kidlavie Activities (including those arising from the inherent risks of the Activity and/or the ordinary negligence of the PROTECTED PARTIES.)
The RELEASING PARTIES further agree to hold harmless, defend, and indemnify the PROTECTED PARTIES (that is, defend and pay any judgment and costs, including investigation costs, attorneys' fees, experts' fees and related expenses) against any and all Claims brought by CO-PARTICIPANTS, rescuers, and others arising from and/or related to my and, if applicable, my child's or ward's, conduct in the course of using the Kidlavie park, property, facilities, equipment or services.
The RELEASING PARTIES hereby consent to receive medical treatment deemed necessary if the RELEASING PARTIES are injured or require medical attention during the RELEASING PARTIES’ participation in the Activity. The RELEASING PARTIES understand and agree that the RELEASING PARTIES are solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. The RELEASING PARTIES hereby release, forever discharge, and hold harmless the PROTECTED PARTIES from any Claim based on such treatment or other medical services.
Clarifying Clauses
1. I, on behalf of myself and, if applicable, my child or ward, confirm that this Release supersedes any and all previous oral or written promises or agreements. I understand that this Release is the entire agreement between me and, if applicable, my child or ward, and Kidlavie and cannot be modified or changed in any way by representations or statements by any agent or employee of Kidlavie.
I, on behalf of myself and, if applicable, my child or ward, further expressly agree that this Release is intended to be as broad and inclusive as is permitted by the laws of the State of Alabama or Nebraska and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
I, on behalf of myself and, if applicable, my child or ward, agree that if any dispute shall arise from this Release or from my or my child's or ward's use of the Kidlavie park, property, facilities, equipment, or services, I and, if applicable, my child or ward, shall first engage in good faith efforts to mediatethe dispute. Any agreement reached will be formalized by a written contractual agreement at that time. Should the issue not be resolved by mediation, I, on behalf of myself and, if applicable, my child or ward, agree that all disputes, controversies, or Claims arising out of this Release or use of the Kidlavie park, property, facilities, equipment, or services shall be submitted to binding arbitrationin accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect. The arbitrator shall have no power to make any errors of law or of legal reasoning. The arbitration shall be held in the City of Mobile, State of Alabama or the City of Omaha, State of Nebraska.
I acknowledge that PROTECTED PARTIES are providing recreational services, and not selling or leasing a product. By payment of any fee to such parties, I, and/or the minor(s) listed below, obtain a non-exclusive license to use the offerings at the facility. As such, PROTECTED PARTIES cannot be held liable under any products/strict liability Claim.
- This Release is binding on and shall inure to the benefit of the PROTECTED PARTIES and their respective successors and assigns.
Acknowledgements to Promote Safety at Kidlavie Family Park and Restaurant
These acknowledgements aid Kidlavie Family Park and Restaurant in providing for your safety.
Health Status
I, on behalf of myself and, if applicable, my child or ward, assert that:
Emergency Care
I, on behalf of myself and, if applicable, my child or ward, assert that:
Rules and Safety
I, on behalf of myself and, if applicable, my child or ward, agree:
Likeness Release
I, on behalf of myself and, if applicable, my child or ward, grant to Kidlavie, its licensees, successors and assign, a non-exclusive, irrevocable license to distribute, record, broadcast, exhibit, advertise and disseminate in perpetuity through the world the following elements: my, my child or ward’s name, likeness, voice, biographical material, suggestions, stories about me, my child or ward, materials, including, but not limited to photos and videos, ideas, and any actions performed by me, my child or ward or words spoken by me, my child or ward on or in connection with the Activities (hereinafter, “Participant’s Likeness”) either in whole or in part. I, on behalf of myself and, if applicable, my child or ward, acknowledge and agree that Kidlavie will own all right, title and interest in any and all results and proceeds from use of Participant’s Likeness in any and all media now known or hereafter devised without compensation or benefits of any kind. Kidlavie is not obligated to actually use Participant’s Likeness.
Acknowledgment of Understanding
I understand that I am giving up substantial legal rights, including my rights, the rights of my child or ward, if applicable, and the rights of any RELEASING PARTY to sue for damages in the event of death, injury or loss. I further acknowledge that I, on behalf of myself and, if applicable, my child or ward, am signing this Release freely and voluntarily, and intend my signature to be a complete and unconditional release of all liability, including that due to inherent risks of the Activity or ordinary negligence by the PROTECTED PARTIES, to the greatest extent allowed by law. If applicable, I am the parent or legal guardian of the minor named below. I have the legal right to consent to and, by signing below, I hereby do consent to the terms and conditions of this Release.
_____ I confirm that I have read this Release and fully understand its terms. If applicable, I assert that I have explained the risks of the Activity to my child or ward and that he/she understands such risks.
Customer’s Signature ____________