Common use of Release of Liability Clause in Contracts

Release of Liability. The Releasing Parties hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue SZ, 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 or the Child’s access to and/or use of the Sky Zone Facility, premises and/or its equipment (whether trampolines or otherwise), the Child’s and/or my entry into the Sky Zone Facility, the condition, maintenance, inspection, supervision, control or security of the Sky Zone Facility, the failure to warn of dangerous conditions in connection with the Sky Zone Facility, and/or the acts or omissions of SZ 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 not only to use of the trampolines, but also all other equipment, and all activities and games at the Sky Zone Facility. 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 Sky Zone Facility. 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.

Appears in 6 contracts

Samples: Participant Agreement, Participant Agreement, Participant Agreement

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Release of Liability. The Releasing Parties hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue SZ, 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 or the Child’s access to and/or use of the Sky Zone Facility, premises and/or its equipment (whether trampolines or otherwise), the Child’s and/or my entry into the Sky Zone Facility, the condition, maintenance, inspection, supervision, control or security of the Sky Zone Facility, the failure to warn of dangerous conditions in connection with the Sky Zone Facility, and/or the acts or omissions of SZ 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 not only to use of the trampolines, but also all other equipment, and all activities and games at the Sky Zone Facility. 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 Sky Zone Facility. 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 Sky Zone facility and its equipment are beyond the control of the Releasees. I agree and acknowledge that should SZ 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 SZ and any other Releasee or them harmless for and against all such attorneys’ fees and/or costs.

Appears in 3 contracts

Samples: Participant Agreement, Participant Agreement, Participant Agreement

Release of Liability. The Releasing I/We understand this is a RELEASE OF LIABILITY that is valid FOREVER, which will prevent me/us, my/our child(ren), or my/our heirs from filing suit or making any claim for damages in the event of injury or death to an undersigned adult participant or my/our child(ren). Additionally, in the event I/we file or, my child(ren), or my legal representative files a claim or lawsuit arising out of participation in Sports Activities in any way related to the Released Parties hereby foreveror the facilities of any of the Released Parties, irrevocably and unconditionally releaseI/WE AGREE TO DEFEND, waiveINDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES, relinquish, discharge from liability and covenant not to sue SZ, and their successors, predecessors-in-interest, and insurers (collectively, the“Releasees") from for any and all claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expensesdamages, attorneys’ feesfees or other costs arising out of such a claim or lawsuit. With the aforesaid fully understood I/we nevertheless enter into this AGREEMENT, damagesXXXXXX AND RELEASE freely and voluntarily and agree that it is binding upon each of the undersigned adult participants, judgments my/our child(ren), my/our heirs, assigns and liabilitieslegal representatives. GENERAL RELEASE: I/we are signing this AGREEMENT, WAIVER AND RELEASE with the full knowledge of whatever kind or natureany applicable laws, in lawany state, equity to the contrary. The provisions of such statutes are hereby waived, except to the extent that a waiver is precluded with respect to any claim of a willful tortuous action. By signing below, I/we are indicating acceptance of this waiver and release, and I/we are representing that the undersigned adult participants or otherwisemy/our minor child(ren) are in sufficiently good physical condition to participate in the programs and activities of the G Team without jeopardizing our health and have not been advised otherwise by a qualified medical person that and undersigned adult participant or my/our minor child(ren) cannot participate. MISCELLANEOUS: This Agreement comprised of three (3) pages, including signature pages, which the undersigned has read, contains the entire agreement and understanding between the Released Parties and the undersigned concerning the subject matter of this Agreement and supersedes all prior agreements, terms, understandings, conditions, representations and warranties, whether now known written or unknownoral. I/We agree that if any action is initiated with respect to the enforceability, suspected validity or unsuspectedinterpretation of this Agreement that action will be brought in a Court of competent jurisdiction in the County of Hennepin, State of Minnesota. Any disputes will be subject to and whether or not concealed or hidden, related to or arising, directly or indirectly, from my or determined under the Child’s access to and/or use laws of the Sky Zone FacilityState of Minnesota. If any clause of this Agreement, premises and/or its equipment (whether trampolines or otherwise)Waiver and Release is found to be invalid, the Child’s and/or my entry into the Sky Zone Facility, the condition, maintenance, inspection, supervision, control or security balance of the Sky Zone FacilityAgreement, Waiver and Release shall remain in effect and shall be valid and enforceable. ****THIS SECTION TO BE COMPLETED BY PARTICIPANTS AGE 18 AND OVER**** Name of participant if over age 18, (print) Date: Signature of participant if over age 18, Name of participant if over age 18, (print) Date: Signature of participant if over age 18, ****THIS SECTION TO BE COMPLETED ON BEHALF OF MINORS UNDER THE AGE OF 18**** The undersigned parent or legal guardian verifies that I am the failure parent/guardian of the minor(s) listed below and that I have authority to warn enter into this Agreement, Xxxxxx and Release on his/her/their behalf and to be bound by its terms. I further warrant that I have discussed and explained to the undersigned minor(s) the inherent risks associated with participation in or observing the Sports Activities. I accept responsibility for all of dangerous conditions the minor’s/minors’ medical expenses incurred in connection with the Sky Zone Facility, and/or Sports Activities or use of facilities associated with the acts or omissions of SZ or any Alpine and Snowboard programs of the Releasees, including, without limitation, any claim G Team. Minor participant name (print): DOB Minor participant name (print): DOB Minor participant name (print): DOB Minor participant name (print): DOB Signature of parent or legal guardian: Date: Time: Relationship to minor(s): ****THIS SECTION TO BE COMPLETED ON BEHALF OF MINORS UNDER THE AGE OF 18**** No refunds or credits will be given for negligence, failure G Team registration fees. Exceptions to warn this policy will be considered for extended practice shutdowns due to COVID-19 public health mandates. No refunds will be given for necessary temporary removal of an athlete for a positive COVID-19 test or other omission, property damage, personal injury, emotional injury, illness, bodily harm, paralysis proximity (determined through contact tracing) to a positive COVID-19 case. There are no exceptions to this policy. Signature of parent or deathlegal guardian: Date: ****THIS SECTION TO BE COMPLETED BY PARTICIPANTS AGE 18 AND OVER**** No refunds or credits will be given for G Team registration fees. I understand that Exceptions to this release and waiver applies not only policy will be considered for extended practice shutdowns due to use COVID-19 public health mandates. No refunds will be given for necessary temporary removal of the trampolines, but also all other equipment, and all activities and games at the Sky Zone Facilityan athlete for a positive COVID-19 test or proximity (determined through contact tracing) to a positive COVID-19 case. I understand that There are no exceptions to 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 Sky Zone Facilitypolicy. 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 Signature of them, from any loss or liability, including reasonable attorneys' fees, associated therewith or arising therefrom.participant if over age 18: Date:

Appears in 2 contracts

Samples: cdn1.sportngin.com, cdn4.sportngin.com

Release of Liability. The Releasing Parties hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue SZPA, and their respective successors, predecessors-in-interest, insurers, officers, directors, shareholders, employees, volunteers, and insurers agents (collectively, the“Releaseesthe “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 PA Facilities or any other facility or location where PA Programs are held, including but not limited to the Sky Zone Facility, premises and/or its equipment (whether trampolines or otherwise)Unity Day Field Trip, the Child’s and/or my entry into the Sky Zone FacilityPA Facilities or any other facility or location where PA Programs are held, the condition, maintenance, inspection, supervision, control or security of the Sky Zone FacilityPA Facilities or any other facility or location where PA Programs are held, the failure to warn of dangerous conditions in connection with the Sky Zone FacilityPA Facilities or any other facility or location where PA Programs are held, and/or the acts or omissions of SZ PA or any of the other 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 not only to use of the trampolines, but also all other equipment, and all activities and games at the Sky Zone Facility. I understand that this release and waiver applies to and includes all activities that I or my Child engage in at any of the premisesPA Facilities or any other facility or location where PA Programs are held, whether inside or outside the Sky Zone Facilityof any building. 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. NOTICE TO THE MINOR CHILD'S PARENT OR NATURAL GUARDIAN PURSUANT TO SECTION 744.301, FLORIDA STATUTES: 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 PA 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 PA 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 PA HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM. I have read and understand the preceding paragraph. I have had sufficient opportunity to read this document. I have read and understand and agree to be bound by its terms. I understand that employees and volunteers working at PA Facilities or any other location where PA Programs are held, including but not limited to the Unity Day Field Trip, do not have the authority to waive any provision of this Agreement. This Agreement constitutes and contains the entire agreement between PA and me relating to subject hereof. There are no other agreements, oral, written, or implied, with respect to such matters. I further agree that this Agreement shall be construed in accordance with the laws of the State of Florida. If any term or provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law governing this Agreement the validity of the remaining portions shall not be affected thereby. By signing below, I represent and warrant that I am the parent, legal guardian, natural guardian or power-of-attorney of the above listed Child 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 PA Facilities or participating in any PA Program, whether or not held at PA Facilities, including but not limited to the Unity Day Field Trip. I am 18 years of age or older. I am entering this Agreement on behalf of myself, my spouse, 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”).

Appears in 2 contracts

Samples: www.parkhurst.org, www.parkhurst.org

Release of Liability. The Releasing I/We understand this is a RELEASE OF LIABILITY that is valid FOREVER, which will prevent me/us, my/our child(ren), or my/our heirs from filing suit or making any claim for damages in the event of injury or death to an undersigned adult participant or my/our child(ren). Additionally, in the event I/we file or, my child(ren), or my legal representative files a claim or lawsuit arising out of participation in Sports Activities in any way related to the Released Parties hereby foreveror the facilities of any of the Released Parties, irrevocably and unconditionally releaseI/WE AGREE TO DEFEND, waiveINDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES, relinquish, discharge from liability and covenant not to sue SZ, and their successors, predecessors-in-interest, and insurers (collectively, the“Releasees") from for any and all claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expensesdamages, attorneys’ feesfees or other costs arising out of such a claim or lawsuit. With the aforesaid fully understood I/we nevertheless enter into this AGREEMENT, damagesXXXXXX AND RELEASE freely and voluntarily and agree that it is binding upon each of the undersigned adult participants, judgments my/our child(ren), my/our heirs, assigns and liabilitieslegal representatives. GENERAL RELEASE: I/we are signing this AGREEMENT, WAIVER AND RELEASE with the full knowledge of whatever kind or natureany applicable laws, in lawany state, equity to the contrary. The provisions of such statutes are hereby waived, except to the extent that a waiver is precluded with respect to any claim of a willful tortuous action. By signing below, I/we are indicating acceptance of this waiver and release, and I/we are representing that the undersigned adult participants or otherwisemy/our minor child(ren) are in sufficiently good physical condition to participate in the programs and activities of the G Team without jeopardizing our health and have not been advised otherwise by a qualified medical person that and undersigned adult participant or my/our minor child(ren) cannot participate. MISCELLANEOUS: This Agreement comprised of three (3) pages, including signature pages, which the undersigned has read, contains the entire agreement and understanding between the Released Parties and the undersigned concerning the subject matter of this Agreement and supersedes all prior agreements, terms, understandings, conditions, representations and warranties, whether now known written or unknownoral. I/We agree that if any action is initiated with respect to the enforceability, suspected validity or unsuspectedinterpretation of this Agreement that action will be brought in a Court of competent jurisdiction in the County of Hennepin, State of Minnesota. Any disputes will be subject to and whether or not concealed or hidden, related to or arising, directly or indirectly, from my or determined under the Child’s access to and/or use laws of the Sky Zone FacilityState of Minnesota. If any clause of this Agreement, premises and/or its equipment (whether trampolines or otherwise)Waiver and Release is found to be invalid, the Child’s and/or my entry into the Sky Zone Facility, the condition, maintenance, inspection, supervision, control or security balance of the Sky Zone FacilityAgreement, Waiver and Release shall remain in effect and shall be valid and enforceable. ****THIS SECTION TO BE COMPLETED BY PARTICIPANTS AGE 18 AND OVER**** Name of participant if over age 18, (print) Date: Signature of participant if over age 18, Name of participant if over age 18, (print) Date: Signature of participant if over age 18, ****THIS SECTION TO BE COMPLETED ON BEHALF OF MINORS UNDER THE AGE OF 18**** The undersigned parent or legal guardian verifies that I am the failure parent/guardian of the minor(s) listed below and that I have authority to warn enter into this Agreement, Xxxxxx and Release on his/her/their behalf and to be bound by its terms. I further warrant that I have discussed and explained to the undersigned minor(s) the inherent risks associated with participation in or observing the Sports Activities. I accept responsibility for all of dangerous conditions the minor’s/minors’ medical expenses incurred in connection with the Sky Zone Facility, and/or Sports Activities or use of facilities associated with the acts or omissions of SZ or any Alpine and Snowboard programs of the ReleaseesG Team. Minor participant name (print): DOB Minor participant name (print): DOB Minor participant name (print): DOB Minor participant name (print): DOB Signature of parent or legal guardian: Date: Time: Relationship to minor(s): ****THIS SECTION TO BE COMPLETED ON BEHALF OF MINORS UNDER THE AGE OF 18**** NO refunds or credits will be given for G Team registration fee, includingNO exceptions. There are zero exceptions to this policy. Signature of parent or legal guardian: Date: ****THIS SECTION TO BE COMPLETED BY PARTICIPANTS AGE 18 AND OVER**** NO refunds or credits will be given for G Team registration fee, without limitation, any claim for negligence, failure NO exceptions. There are zero exceptions to warn or other omission, property damage, personal injury, emotional injury, illness, bodily harm, paralysis or deaththis policy. I understand that this release and waiver applies not only to use Signature of the trampolines, but also all other equipment, and all activities and games at the Sky Zone Facility. 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 Sky Zone Facility. 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.participant if over age 18: Date:

Appears in 2 contracts

Samples: Waiver, Release and Assumption, Waiver, Release and Assumption

Release of Liability. The Releasing Parties hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue SZ, xxx Wonderfly Events LLC or GRP 4801 Xxxxxx LLC and their successors, predecessors-predecessors- in-interest, and insurers (collectively, the“Releaseesthe “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 Childclient’s access to and/or use of the Sky Zone FacilityWonderfly Arena, premises and/or its equipment (whether trampolines or otherwise)equipment, the Childclient’s and/or my entry into the Sky Zone FacilityWonderfly Arena, the condition, maintenance, inspection, supervision, control or security of the Sky Zone FacilityWonderfly Arena, the failure to warn of dangerous conditions in connection with the Sky Zone FacilityWonderfly Arena, and/or the acts or omissions of SZ Wonderfly 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 The Client understands that this release and waiver applies not only to use of the trampolinesfacility, but also all other equipment, and all activities and games at the Sky Zone Wonderfly Arena Facility. I understand The Client understands that this release and waiver applies to and includes all activities that I or my Child engage the client participates in at the premises, whether inside or outside the Sky Zone Wonderfly Arena Facility. In the event that any claim released herein is brought by, or asserted on behalf of, the Releasing Parties, I the Client 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. The Client understands, fully acknowledges, and agrees that all of the risks identified herein and any other risks associated with use of the Wonderfly Arena facility and its equipment are beyond the control of the Releasees. The Client agrees and acknowledges that should Wonderfly or any other Releasee or anyone acting on their behalf, be required to incur attorneys' fees and/or costs to enforce this agreement, the client agrees to immediately defend, indemnify and hold Wonderfly and any other Releasee or them harmless for and against all such attorneys’ fees and/or costs.

Appears in 2 contracts

Samples: Event Planning Agreement, Event Planning Agreement

Release of Liability. The Releasing Parties hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue SZ, other persons using the Sky Zone Facilitiy, and their successors, predecessors-in-interest, and insurers (collectively, the“Releaseesthe “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 Sky Zone Facility, premises and/or Facility and its equipment (whether trampolines or otherwise)equipment, the Child’s and/or my entry into the Sky Zone Facility, the condition, maintenance, inspection, supervision, control or security of the Sky Zone Facility, the failure to warn of dangerous conditions in connection with the Sky Zone Facility, and/or the acts or omissions of SZ or any of the Releasees, including, including without limitation, limitation any claim for negligence, failure to warn or other omission, property damage, personal injury, emotional injury, illness, bodily harm, paralysis harm or death. I understand that this release and waiver applies not only to use of the trampolines, but also all other equipment, and all activities and games at the Sky Zone Facility. 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 Sky Zone Facility. In the event that any claim released herein is brought by, or asserted on behalf of, me or the Releasing PartiesChild, I shall immediately defendindemnify, indemnify defend and hold harmless the Releasees, and any of them, from any loss or liability, including reasonable attorneys' fees, associated therewith or arising therefrom. (Initial Here) On the Child’s and my behalf, I knowingly and voluntarily waive any and all rights and benefits conferred upon us by the provisions of Section 1542 of the California Civil Code or by any similar law or provision, which Section reads as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” I understand and fully acknowledge and agree that all of the risks identified herein and any other risks associated with use of the Sky Zone facility and its equipment are beyond the control of the Releasees. (Initial Here) I agree and acknowledge that should SZ 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 indemnify and hold it or them harmless for and against all such attorneys’ fees and/or costs. (Initial Here) ARBITRATION OF DISPUTES; TIME LIMIT TO BRING CLAIM: ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO MY OR THE CHILD’S USE OF THE SKY ZONE FACILITY 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 AND BE DETERMINED BY ARBITRATION IN RIVERSIDE, CALIFORNIA, BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES (IF THE AMOUNT IN CONTROVERSY EXCEEDS $250,000) OR ITS STREAMLINED ARBITRATION RULES AND PROCEDURES (IF THE AMOUNT IN CONTROVERSY IS LESS THAN OR EQUAL TO $250,000). 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 state of California, without regard to choice of law principles. I understand that by agreeing to arbitrate any dispute I am waiving my right to maintain a lawsuit against SZ and the other Releasees for any and all claims covered by this Agreement and the right to have my claim determined by a jury. In connection with my and the Child’s use of the Sky Zone Facility, I consent to the recording of the Child’s and my physical likeness and/or voice through mechanical, photographic, technical, digital, electronic or other means (“Recordings”). I hereby consent to and authorize SZ 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 the Sky Zone Facility. 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. I would like to receive email promotions, discounts, and other advertisements from SZ and its partners at the email address provided below. I may unsubscribe at any time 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 working at the Sky Zone Facility, including the manager, do not have the authority to waive any provision of this Agreement. This Agreement constitutes and contains the entire agreement between SZ and me relating to the Child’s and my use of the Sky Zone Facility. 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. By signing below, I represent and warrant that I am the parent or legal guardian of the above 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 Sky Zone Facility. Parent/Legal Guardian/Participant’ Signature (if 18 or older) Date: Parent/Guardian/Participant (if over 18): Print First Name Print Last Name Birth date Print Street Address Apt. # Print City Print State ZIP Cell Phone Emergency Contact Number Email Check box if you would not like to receive free email promotions and discounts to the email address provided above, I may unsubscribe from emails at any time.

Appears in 1 contract

Samples: Participant Agreement

Release of Liability. The Releasing Parties hereby foreverI UNDERSTAND THAT ACTIVITIES AT THE FACILITY OR ELSEWHERE, irrevocably INCLUDING USE OF EQUIPMENT AND PARTICIPATING IN PROGRAMS, CAN INVOLVE MOVEMENT, STRAIN, EXPOSURE TO ILLNESS, OR INFECTION, AND OTHER ELEMENTS THAT CREATE RISK OF SERIOUS INJURY OR DEATH. I HEREBY ASSUME FULL RESPONSIBILITY FOR THE RISK OF BODILY INJURY, ILLNESS, INFECTION, DEATH, PROPERTY DAMAGE, OR ANY OTHER LOSS, regardless of severity, that I or my minor child/xxxx may sustain from my or minor child/xxxx’x presence in, upon, or about the premises or while using or observing the premises or any facilities or equipment, or participating in any program affiliated with the YMCA without respect as to location, except for any injury, damage, or loss that is caused solely by the YMCA’s gross negligence. I, FOR MYSELF, ANY PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS, AND NEXT OF KIN, HEREBY FULLY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE the YMCA, its operating centers, their respective Officers, Directors, Managers, Trustees, Members, Volunteers, Employees, agents, or representatives (the “Releasees”) and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue SZ, and their successors, predecessors-in-interest, and insurers (collectively, the“Releasees") each of them from any and all claimsclaims for injuries, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, attorneys’ feesillness, 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 Sky Zone Facility, premises and/or its equipment (whether trampolines or otherwise), the Child’s and/or my entry into the Sky Zone Facility, the condition, maintenance, inspection, supervision, control or security of the Sky Zone Facility, the failure to warn of dangerous conditions in connection with the Sky Zone Facility, and/or the acts or omissions of SZ 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 not only to use of the trampolines, but also all other equipment, and all activities and games at the Sky Zone Facility. I understand that this release and waiver applies to and includes all activities losses that I or my Child engage in at the premisesminor child/xxxx may have or which may accrue to me or my minor child/xxxx from my and/or my child/xxxx’x presence in, whether inside or outside the Sky Zone Facility. In the event that any claim released herein is brought byupon, or asserted on behalf ofabout the premises or while using or observing the premises or any facilities or equipment, or participating in any program affiliated with the Releasing PartiesYMCA without respect as to location, except for any injury, damage, or loss that is caused solely by the YMCA’s gross negligence. I shall immediately defendHEREBY AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS the Releasees and each of them from any loss, indemnify liability, damage, or cost they may incur from my or my minor child/xxxx’x presence in, upon, or about the premises or while using or observing the premises or any facilities or equipment, or participating in any program affiliated with the YMCA without respect as to location except for any loss, liability, damage, or cost that caused solely by the YMCA’s gross negligence. I further expressly agree that the foregoing ASSUMPTION OF RISK, RELEASE, WAIVER AND INDEMNITY AGREEMENT is intended to be as broad and hold harmless inclusive as is permitted by the Releaseeslaw of the State of Illinois, and if any portion thereof is deemed or held invalid or unenforceable by a court of themcompetent jurisdiction, from any loss or liability, including reasonable attorneys' fees, associated therewith or arising therefromit is agreed that the remainder of this agreement shall continue in full legal force and effect.

Appears in 1 contract

Samples: Guardian Agreement

Release of Liability. The Releasing Parties hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue SZxxx Xxxxxxxx Center, and their 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 Sky Zone Facility, Xxxxxxxx Center premises and/or its equipment (whether trampolines or otherwise)equipment, the Child’s and/or my entry into the Sky Zone FacilityXxxxxxxx Center, the condition, maintenance, inspection, supervision, control or security of the Sky Zone FacilityXxxxxxxx Center, the failure to warn of dangerous conditions in connection with the Sky Zone FacilityXxxxxxxx Center, and/or the acts or omissions of SZ Xxxxxxxx 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 not only to use of the trampolines, but also all other equipment, equipment and all activities activities, exhibits and games at the Sky Zone FacilityXxxxxxxx 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 Sky Zone FacilityXxxxxxxx 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 Xxxxxxxx Center and its equipment are beyond the control of the Releasees. I agree and acknowledge that should Xxxxxxxx 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 Xxxxxxxx Center and any other Releasee or them harmless for and against all such attorneys’ fees and/or costs.

Appears in 1 contract

Samples: Participant Agreement

Release of Liability. The Releasing Parties hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue xxx SZ, 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 or the Child’s access to and/or use of the Sky Zone Facility, premises and/or its equipment (whether trampolines or otherwise), the Child’s and/or my entry into the Sky Zone Facility, the condition, maintenance, inspection, supervision, control or security of the Sky Zone Facility, the failure to warn of dangerous conditions in connection with the Sky Zone Facility, and/or the acts or omissions of SZ 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 not only to use of the trampolines, but also all other equipment, and all activities and games at the Sky Zone Facility. 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 Sky Zone Facility. 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 Sky Zone facility and its equipment are beyond the control of the Releasees. I agree and acknowledge that should SZ 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 SZ and any other Releasee or them harmless for and against all such attorneys’ fees and/or costs.

Appears in 1 contract

Samples: Participation Agreement

Release of Liability. The Releasing Parties hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue SZWonderfly Events LLC or 1919 Greenspring, LLC and their successors, predecessors-predecessors- in-interest, and insurers (collectively, the“Releaseesthe “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 Childclient’s access to and/or use of the Sky Zone FacilityWonderfly Arena, premises and/or its equipment (whether trampolines or otherwise)equipment, the Childclient’s and/or my entry into the Sky Zone FacilityWonderfly Arena, the condition, maintenance, inspection, supervision, control or security of the Sky Zone FacilityWonderfly Arena, the failure to warn of dangerous conditions in connection with the Sky Zone FacilityWonderfly Arena, and/or the acts or omissions of SZ Wonderfly 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 The Client understands that this release and waiver applies not only to use of the trampolinesfacility, but also all other equipment, and all activities and games at the Sky Zone Wonderfly Arena Facility. I understand The Client understands that this release and waiver applies to and includes all activities that I or my Child engage the client participates in at the premises, whether inside or outside the Sky Zone Wonderfly Arena Facility. In the event that any claim released herein is brought by, or asserted on behalf of, the Releasing Parties, I the Client 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. The Client understands, fully acknowledges, and agrees that all of the risks identified herein and any other risks associated with use of the Wonderfly Arena facility and its equipment are beyond the control of the Releasees. The Client agrees and acknowledges that should Wonderfly or any other Releasee or anyone acting on their behalf, be required to incur attorneys' fees and/or costs to enforce this agreement, the client agrees to immediately defend, indemnify and hold Wonderfly and any other Releasee or them harmless for and against all such attorneys’ fees and/or costs.

Appears in 1 contract

Samples: Event Planning Agreement

Release of Liability. SAMPLE The Releasing Parties hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue SZ, Wonderfly Events LLC or GRP 4801 Xxxxxx LLC and their successors, predecessors-predecessors- in-interest, and insurers (collectively, the“Releaseesthe “Rel xxxxx") from f om any and all al claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losseslos es, chargescharg s, expenses, attorneysa torneysfeesees, damages, judgments and liabilities, of whatever kind or nature, in law, equity quity or otherwiseothe wise, whether whe her now known nown or unknown, suspected or unsuspected, and whether or not concealed or hidden, related to or arising, directly or indirectly, from my or the Childclient’s access to and/or use of the Sky Zone FacilityWonderfly Arena, premises and/or its equipment (whether trampolines or otherwise)equipment, the Childclient’s and/or my entry into the Sky Zone FacilityWonderfly Arena, the condition, maintenance, inspection, supervision, control or security of the Sky Zone FacilityWonderfly Arena, the failure to warn of dangerous conditions in connection with the Sky Zone FacilityWonderfly Arena, and/or the acts or omissions of SZ Wonderfly 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 The Client understands that this release and waiver applies not only to use of the trampolinesfacility, but also all other equipment, and all activities and games at the Sky Zone Wonderfly Arena Facility. I understand The Client understands that this release and waiver applies to and includes all activities that I or my Child engage the client participates in at the premises, whether inside or outside the Sky Zone Wonderfly Arena Facility. In the event that any claim released herein is brought by, or asserted on behalf of, the Releasing Parties, I the Client 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. The Client understands, fully acknowledges, and agrees that all of the risks identified herein and any other risks associated with use of the Wonderfly Arena facility and its equipment are beyond the control of the Releasees. The Client agrees and acknowledges that should Wonderfly or any other Releasee or anyone acting on their behalf, be required to incur attorneys' fees and/or costs to enforce this agreement, the client agrees to immediately defend, indemnify and hold Wonderfly and any other Releasee or them harmless for and against all such attorneys’ fees and/or costs.

Appears in 1 contract

Samples: Event Planning Agreement

Release of Liability. The Releasing Parties hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue SZLiberty Heights, and their successors, predecessors-in-interest, and insurers (collectively, the“Releaseesthe “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 Sky Zone Liberty Heights Facility, premises and/or its equipment (whether trampolines or otherwise), my participation in the Child’s and/or Activities, my entry into the Sky Zone Liberty Heights Facility, the condition, maintenance, inspection, supervision, control or security of the Sky Zone Liberty Heights Facility, the failure to warn of dangerous conditions in connection with the Sky Zone Liberty Heights Facility, and/or the acts or omissions of SZ Liberty Heights 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 not only to use of the trampolines, but also my participation in all other equipment, and all activities and games Activities at the Sky Zone Liberty Heights Facility. 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 Sky Zone Liberty Heights Facility. 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.

Appears in 1 contract

Samples: Participant Agreement

Release of Liability. The Releasing Parties (as defined below) hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue SZxxx TTP, and or their owners, successors, predecessors-in-interest, assigns and insurers (collectively, the“Releasees"collectively “Releasees”) from any and all claims, demands, rights, actions, suits, causes of actionactions, 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, arising directly or indirectly, indirectly from my or the Childmy child’s access to and/or use of the Sky Zone FacilityTrail Park, premises and/or its equipment (whether trampolines or otherwise)equipment, the Childchild’s and/or my entry into the Sky Zone FacilityTrail Park, the condition, maintenance, inspection, supervision, control or security of the Sky Zone FacilityTrail Park, the failure to warn of dangerous conditions in connection with the Sky Zone FacilityTrail Park, and/or the acts or omissions of SZ TTP 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 not only to use of the trampolines, ATVs and related equipment but also all other equipment, and all activities and games at the Sky Zone FacilityTrail Park. I understand that this release Release and waiver Waiver applies to and includes all activities that I or my Child child engage in at the premises, whether inside or outside the Sky Zone FacilityTrail Park. In the event that any claim released herein is brought by, or asserted on behalf ofbehalf, 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.

Appears in 1 contract

Samples: Participant Agreement, Release

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Release of Liability. The Releasing Parties hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue SZ, 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 or the Child’s access to and/or use of the Sky Zone Facility, premises and/or its equipment (whether trampolines or otherwise), the Child’s and/or my entry into the Sky Zone Facility, the condition, maintenance, inspection, supervision, control or security of the Sky Zone Facility, the failure to warn of dangerous conditions in connection with the Sky Zone Facility, and/or the acts or omissions of SZ 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 not only to use of the trampolines, but also all other equipment, and all activities and games at the Sky Zone Facility. 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 Sky Zone Facility. 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 liabilityl iability, including reasonable attorneys' fees, associated therewith or arising therefrom.

Appears in 1 contract

Samples: Participant Agreement

Release of Liability. The Releasing Parties hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue SZ, 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 or the Child’s access to and/or use of the Sky Zone Facility, premises and/or its equipment (whether trampolines or otherwise), the Child’s and/or my entry into the Sky Zone Facility, the condition, maintenance, inspection, supervision, control or security of the Sky Zone Facility, the failure to warn of dangerous conditions in connection with the Sky Zone Facility, and/or the acts or omissions of SZ 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 not only to use of the trampolines, but also all other equipment, and all activities and games at the Sky Zone Facility. 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 Sky Zone Facility. 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. (Initial Here) I understand and acknowledge that this release of liability is, and is intended to be, as broad and comprehensive as is allowed under the law of the state of Tennessee. If any part of this release of liability should be determined to be ineffective under the law of the State of Tennessee, then such parts as are consistent with the law of the State of Tennessee will be given their full effectI understand and fully acknowledge and agree that all of the risks identified herein and any other risks associated with use of the Sky Zone facility and its equipment are beyond the control of the Releasees. I also agree and acknowledge that should SZ 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 SZ and any other Releasee or them harmless for and against all such attorneys’ fees and/or costs.

Appears in 1 contract

Samples: Participant Agreement

Release of Liability. The Releasing Parties hereby foreverI agree on behalf of myself and/or my child/xxxx and my/their personal representative, irrevocably and unconditionally releasesuccessors, waive, relinquish, discharge from liability and covenant not to sue SZheirs, and their successorsassigns to hold Paraclete XP SkyVenture, predecessors-in-interestLLC and its affiliates, instructors, officers, directors, agents, employees, designers, licensors, and insurers members, as well as the property owner and tenants of the property and the owners, manufacturers and installers of the equipment comprising the SKYVENTURE Facility (collectively, the“Releasees"the “releases”) harmless from any and all claims or causes of action arising out of my and/or my child’s/xxxx’x participation in the SKYVENTURE Facility. I expressly release and discharge Releases from any and all liability, claims, demands, rights, actions, suits, demands or causes of actionaction whatsoever arising out of any damage, obligationsloss, debtspersonal injury or death to me and/or my child/xxxx, costswhile participating in any of the activities, lossesincluding without limitation, 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 Sky Zone Facilityvertical wind tunnel, premises and/or its equipment (receiving instruction, strenuous bodily movement, and exposure to extreme wind conditions. This release is valid and effective whether trampolines the damage, loss or otherwise), death is a result of any act or omission on the Child’s and/or my entry into the Sky Zone Facility, the condition, maintenance, inspection, supervision, control or security part of the Sky Zone Facility, the failure to warn of dangerous conditions in connection with the Sky Zone Facility, and/or the acts or omissions of SZ or any of the Releasees, includingReleases or from any other cause. This Waiver and Release of all liability includes, without limitation, any claim for negligence, failure to warn or other omission, property damage, personal injury, emotional injuryinjuries, illness, bodily harmor accidents, paralysis which may occur as a result of (a) use of the facility or deathits improper maintenance, (b) use of any equipment which may malfunction or break, (c) improper maintenance of any equipment, (d) instruction or supervision, or (e) slipping and falling while in the facility or on the surrounding premises. I understand that this release I voluntarily give up my right to sue the above mentioned parties. ____________________ (Initial) I further grant the Paraclete XP SkyVenture, LLC. the right to photograph, videotape, and/or record me and/or my child/xxxx and waiver applies not only to use of the trampolinesmy child’s/xxxx’x name, but also all other equipmentface, likeness, voice and appearance in connection with exhibitions, publicity, advertising, and all activities and games at the Sky Zone Facilitypromotional materials without reservation or limitation. I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF ALL LIABILITY AND A WAIVER OF ANY RIGHT THAT I MAY HAVE ON BEHALF OF MYSELF AND/OR MY CHILD/XXXX TO BRING A LEGAL ACTION OR ASSERT A CLAIM FOR INJURY OR LOSS OF ANY KIND AGAINST PARACLETE XP SKYVENTURE, LLC. IF ANY ATTEMPT FOR CLAIM IS MADE, I UNDERSTAND I WILL BE RESPONSIBLE FOR ALL DEFENSE COSTS INCURRED BY SKYVENTURE, LLC/ PARACLETE XP SKYVENTURE, LLC/ AND VENTURE PROPERTIES, LLC. I have read the above, been given the opportunity to ask questions, considered its effects, understand that this release its content, and waiver applies agree to the terms as stated above. _______________________________________________________________________________ _______________________________________________________________________________ Signature of Participant Date Employee/Witness Date IF PARTICIPANT IS UNDER EIGHTEEN (18) I have read the above, been given the opportunity to ask questions, considered its effects, understand its content, and includes all activities that I or my Child engage in at the premisesagree, whether inside or outside the Sky Zone Facility. In the event that any claim released herein is brought by, or asserted on behalf ofof myself and my child/xxxx, to the Releasing Parties, terms as stated above. I shall immediately defend, will further indemnify the Releases against any damages incurred as a result of any action by my child/xxxx including attorney’s fees and hold harmless the Releasees, and any costs. _______________________________________________________________________________ _______________________________________________________________________________ Signature of them, from any loss or liability, including reasonable attorneys' fees, associated therewith or arising therefrom.Parent/Legal Guardian Date Employee/Witness Date _______________________________________________________________________________ _______________________________________________________________________________ Name of Child Participant Age Name of Child Participant Age _______________________________________________________________________________ _______________________________________________________________________________

Appears in 1 contract

Samples: paracletexp.com

Release of Liability. The Releasing Parties In Consideration of participation in Gymnastics/Ninja Zone, I represent that I understand the nature of this Activity and that I am qualified, in good health, and in proper physical condition to participate in such Activity. I acknowledge that if I believe conditions are unsafe, I will immediately discontinue participation in the Activity. I fully understand that this Activity involves risks of serious bodily injury, including permanent disability, paralysis and death, which may be caused by my own actions, or inactions, those of others participation in the event, the conditions in which the event takes place, or the negligence of the "releases" named below. I fully accept and assume all such risks and all responsibility for losses, cost, and damages I incur as a result of my participation in the Activity.I hereby forever, irrevocably and unconditionally release, waivedischarge, relinquish, discharge from liability and covenant not to sue SZGym South Gymnastics or Ninja Zone, its respective administrators, directors, agents, officers, volunteers, employees, other participants, sponsors, advertisers and, if applicable, owners and their successorslessors of premises on which the Activity takes place (each considered one of the RELEASEES herein), predecessors-in-interestfrom all liability, 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, or damages on my account caused in whole or in part by the negligence of whatever kind or nature, in law, equity the "releases" or otherwise, whether now known or unknownincluding negligent rescue operations and future agree that if, suspected or unsuspecteddespite this release, waiver of liability, and whether assumption of risk I, or not concealed or hiddenanyone on my behalf, related to or arising, directly or indirectly, from my or the Child’s access to and/or use of the Sky Zone Facility, premises and/or its equipment (whether trampolines or otherwise), the Child’s and/or my entry into the Sky Zone Facility, the condition, maintenance, inspection, supervision, control or security of the Sky Zone Facility, the failure to warn of dangerous conditions in connection with the Sky Zone Facility, and/or the acts or omissions of SZ or makes a claim against any of the ReleaseesReleases, includingI will indemnify, without limitationsave, and hold harmless each of the Releases from any claim for negligenceloss, failure to warn or other omissionxxxxxxxxx, property damage, personal injuryor cost, emotional injurywhich any may incur as the result of such claim. Any and all Ninja skills will be conducted in a safe gym environment and will hold Gym South Gymnastics and Ninja Zone harmless of any injuries incurred in and outside gym areas. I have read the Release and Waiver of Liability, illnessAssumption of Risk, bodily harmand Indemnity Agreement, paralysis understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or deathassurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid the balance, notwithstanding, shall continue in full force and effect. Signature Payment Policies It is the parent/guardian's responsibility to see that his/her child is picked up immediately after class. You must register your child each month for classes. In order to guarantee your child's spot in the exact same class, it is necessary to register BEFORE the last week of the month. All classes are first come, first served. No jewelry is to be worn during class, especially hoop earrings and necklaces. Long hair must be pulled back in a ponytail. Classes with two or less children in them after the first week will be closed. You will be notified and asked to choose another class time. Because your child's safety is so important to us, it is imperative that you be on time to class. The first 10 minutes of class are warm-ups. If your child is 10 minutes late (or more), they will not beallowed to participate in the gymnastics portion of class that day. NO EXCEPTIONS! Your tuition pays for your child's spot in class. Because of this, only one make-up per month is permitted. If your child misses warm-ups, and you decide to schedule a make-up class, that will be considered their one make-up class. All make-ups must be completed before the end of the month. They will not be carried over to the next month. No credits for missed classes or makeup's will be given. All sessions that contain a holiday will be prorated for the days affected, so no make-up will be needed. Gym South/Ninja Zone always offers a free trial class to make sure you & your child are as excited about our program as we hope they will be. Once you register and fill a spot in a class, no refunds will be given, with the exception of moving or a medical or family emergency. All refunds must have the approval of the owners and must be requested in the month in which your child is currently enrolled. child will receive a FREE trial class. Once they are evaluated and a class recommendation is made, you simply choose the day and time that is convenient for you. Your child's spot will not be reserved until full payment has been received. We will prorate if you join after the first of the month. Covid 19 Acknowlegement/Release I understand that I may not bring a sick child to Gym South Gymnastics with a fever over 100.4. I also understand that I may not bring my child to the facility if they have come in contact with anyone who has tested positive for COVID-19 until a 14 day period has passed. I understand that this release Gym South Gymnastics will be taking every precaution to clean, disinfect, maintain 6' distance and waiver applies not only to use of observe all guidelines listed on the trampolines, but also all other equipment, and all activities and games at the Sky Zone FacilityExecutive Order as possible. I understand the coaches and everyone at the gym will make every effort to maintain social distancing, but that this release there will be times when incidental contact and waiver applies less than prescribed physical distancing will occur. I am aware and agree that spotting is an essential part of training my gymnast/camper in order to keep them safe and includes all activities to prevent injury. I will allow my child to be spotted where spotting is necessary. I further understand that I am voluntarily allowing my child to participate in programs and activities offered by Gym South Gymnastics, knowing that it is impossible to keep him/her, myself or my Child engage in at anyone else who enters the premises, whether inside or outside gym completely safe from exposure to the Sky Zone FacilityCOVID- 19 virus. In the event I accept 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 therefromrisk.

Appears in 1 contract

Samples: South Agreement

Release of Liability. The Releasing Parties hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue SZFlip Factory Zone, 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 or the Child’s access to and/or use of the Sky Zone FacilityFlip Factory Zone, premises and/or its equipment (whether trampolines attractions or otherwise), the Child’s and/or my entry into the Sky Zone FacilityFlip Factory Zone, the condition, maintenance, inspection, supervision, control or security of the Sky Zone FacilityFlip Factory Zone, the failure to warn of dangerous conditions in connection with the Sky Zone FacilityFlip Factory Zone, and/or the acts or omissions of SZ Flip Factory Zone 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 not only to use of the trampolines, but also all other equipment, and all activities and games at the Sky Zone FacilityFlip Factory Zone. 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 Sky Zone FacilityFlip Factory Zone. 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.

Appears in 1 contract

Samples: Participant Agreement

Release of Liability. The Releasing Parties hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue SZWonder y Events LLC or 1919 Greenspring, LLC and their successors, predecessors-predecessors- in-interest, and insurers (collectively, the“Releaseesthe “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 Childclient’s access to and/or use of the Sky Zone FacilityWonder y Arena, premises and/or its equipment (whether trampolines or otherwise)equipment, the Childclient’s and/or my entry into the Sky Zone FacilityWonder y Arena, the condition, maintenance, inspection, supervision, control or security of the Sky Zone FacilityWonder y Arena, the failure to warn of dangerous conditions in connection with the Sky Zone FacilityWonder y Arena, and/or the acts or omissions of SZ Wonder y 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 The Client understands that this release and waiver applies not only to use of the trampolinesfacility, but also all other equipment, and all activities and games at the Sky Zone Wonder y Arena Facility. I understand The Client understands that this release and waiver applies to and includes all activities that I or my Child engage the client participates in at the premises, whether inside or outside the Sky Zone Wonder y Arena Facility. In the event that any claim released herein is brought by, or asserted on behalf of, the Releasing Parties, I the Client 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. The Client understands, fully acknowledges, and agrees that all of the risks identi ed herein and any other risks associated with use of the Wonder y Arena facility and its equipment are beyond the control of the Releasees. The Client agrees and acknowledges that should Wonder y or any other Releasee or anyone acting on their behalf, be required to incur attorneys' fees and/or costs to enforce this agreement, the client agrees to immediately defend, indemnify and hold Wonder y and any other Releasee or them harmless for and against all such attorneys’ fees and/or costs.

Appears in 1 contract

Samples: Event Planning Agreement

Release of Liability. The Releasing Parties hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue SZ, 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 or the Child’s access to and/or use of the Sky Zone Facility, premises and/or its equipment (whether trampolines or otherwise), the Child’s and/or my entry into the Sky Zone Facility, the condition, maintenance, inspection, supervision, control or security of the Sky Zone Facility, the failure to warn of dangerous conditions in connection with the Sky Zone Facility, and/or the acts or omissions of SZ 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 not only to use of the trampolines, but also all other equipment, and all activities and games at the Sky Zone Facility. 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 Sky Zone Facility. 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 Sky Zone facility and its equipment are beyond the control of the Releasees. I agree and acknowledge that should SZ 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 SZ and any other Releasee or them harmless for and against all such attorneys’ fees and/or costs.

Appears in 1 contract

Samples: Participant Agreement

Release of Liability. The Releasing Parties hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue SZxxx GP, 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 or the Child’s access to and/or use of the Sky Zone Galactic Playgrounds Facility, premises and/or its equipment (whether trampolines exhibits or otherwise), the Child’s and/or my entry into the Sky Zone Galactic Playgrounds Facility, the condition, maintenance, inspection, supervision, control or security of the Sky Zone Galactic Playgrounds Facility, the failure to warn of dangerous conditions in connection with the Sky Zone Galactic Playgrounds Facility, and/or the acts or omissions of SZ GP 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 not only to use of the trampolines, but also all other equipment, and all activities and games at the Sky Zone Galactic Playgrounds Facility. 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 Sky Zone Galactic Playgrounds Facility. 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.

Appears in 1 contract

Samples: Participant Agreement

Release of Liability. The Releasing Parties hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue SZxxx Happys Family Fun Center, LLC, 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 or the Child’s access to and/or use of the Sky Zone Happy Familys Facility, premises and/or its equipment (whether trampolines or otherwise), the Child’s and/or my entry into the Sky Zone Happys Family Facility, the condition, maintenance, inspection, supervision, control or security of the Sky Zone Happys Family Facility, the failure to warn of dangerous conditions in connection with the Sky Zone Happys Family Facility, and/or the acts or omissions of SZ Happys Family facilty 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 not only to use of the trampolines, but also all other equipment, and all activities and games at the Sky Zone Happys Family Facility. 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 Sky Zone Happys Family Facility. 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.

Appears in 1 contract

Samples: Participant Agreement

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