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 5 contracts
Sources: Participant Agreement, Release and Assumption of Risk, Participant Agreement, Release and Assumption of Risk, Participant Agreement, Release and Assumption of Risk
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
Sources: Participant Agreement, Participant Agreement, Release and Assumption of Risk, Participant Agreement, Release and Assumption of Risk
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 2 contracts
Sources: Participant Agreement, Release and Assumption of Risk, Participant Agreement, Release and Assumption of Risk
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. 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
Sources: Field Trip Permission Form, Field Trip Permission Form
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 SZ▇▇▇ 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
Sources: Participant Agreement, Release and Assumption of Risk
Release of Liability. The Releasing Parties hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue SZ▇▇▇ 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
Sources: Participant Agreement, Release and Assumption of Risk
Release of Liability. The Releasing Parties hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue SZ▇▇▇ ▇▇▇▇▇▇▇▇ 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, ▇▇▇▇▇▇▇▇ Center premises and/or its equipment (whether trampolines or otherwise)equipment, the Child’s and/or my entry into the Sky Zone Facility▇▇▇▇▇▇▇▇ Center, the condition, maintenance, inspection, supervision, control or security of the Sky Zone Facility▇▇▇▇▇▇▇▇ Center, the failure to warn of dangerous conditions in connection with the Sky Zone Facility▇▇▇▇▇▇▇▇ Center, and/or the acts or omissions of SZ ▇▇▇▇▇▇▇▇ 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 Facility▇▇▇▇▇▇▇▇ 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 Facility▇▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇ Center and its equipment are beyond the control of the Releasees. I agree and acknowledge that should ▇▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇ Center and any other Releasee or them harmless for and against all such attorneys’ fees and/or costs.
Appears in 1 contract
Sources: Participant Agreement, Release and Assumption of Risk
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
Sources: Participant Agreement
Release of Liability. The Releasing Parties A Member, hereinafter referred to as the “Participant”, for the Participant's self and for the Participant's estate, heirs, representatives and assigns do hereby forevergrant the following waiver, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue SZrelease of liability, and their successorsindemnity to Boulder Street Moto, predecessors-in-interestits representatives, its officers, and insurers its members (collectivelyhereinafter known collectively as “BSM”). By the Participant's signature the Participant affirmatively states and confirms that the Participant understands and agrees that act of riding and/or mechanically working on a motorcycle inherently may carry risk of injury, the“Releasees") death and/or property loss. The Participant agrees to and hereby assumes the risk of all such dangers and losses while participating in the riding of any motorcycle or mechanically working on any motorcycle, with BSM and the Participant, for the Participant's self and for the Participant's estate, heirs, representatives and assigns, further agrees to hold harmless and release BSM from any and all claimsliability for any injury, demandsdeath and/or property loss that the Participant may suffer during or as a result of riding with or mechanically working on a motorcycle with BSM. The Participant hereby agrees to indemnify BSM and hold BSM harmless from any and all cost or loss resulting from any injury or property loss, rightsor other negligence, 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 caused by the Child’s access to and/or use Participant which occurs as a result of the Sky Zone FacilityParticipant's riding of a motorcycle or mechanically working on a motorcycle, 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 ReleaseesBSM, including, without limitation, any claim all claims, losses, demands, actions, causes of action, costs, loss of service, expenses, damages, judgments, and execution that the Participant may have had, now has, or may have, against BSM. If the Participant, at the time of signing this Release of Liability, is not a current member of BSM, the waiver, release, and indemnity shall run 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 the duration of the trampolinestime that Participant is riding a motorcycle or mechanically working on a motorcycle with BSM. For current members of BSM, but also all other equipmentthis waiver, release, and all activities indemnity will remain valid and games at enforceable for the Sky Zone Facilityentire time that Participant’s membership in BSM is current. I understand Participant acknowledges that this release he/she has procured the proper vehicle insurance so as to be compliant with current Colorado law and waiver applies that he/she is procured the proper license so as to and includes all activities that I or my Child engage in at operate a motorcycle legally on the streets of Colorado. If mechanically working on a motorcycle on BSM premises, whether inside or outside the Sky Zone Facility. In the event participant acknowledges that any claim released herein he/she 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 therefromdoing so at their own risk.
Appears in 1 contract
Sources: Membership Agreement
Release of Liability. The Releasing Parties hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue SZ▇▇▇ 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
Sources: Participant Agreement
Release of Liability. The Releasing Parties hereby foreverI understand and agree that I and/or my child/▇▇▇▇ will be engaging in an inherently risky recreational activity while participating in the Activities and using the Elevate Trampoline Park premises. To the fullest extent allowed by law, irrevocably I voluntarily agree on behalf of myself, my spouse or domestic/civil union partner and unconditionally releasemy child/▇▇▇▇ and our personal representatives, waivesuccessors, relinquish, discharge from liability and covenant not to sue SZheirs, and assigns to hold Elevate Trampoline Park, Elevate Trampoline Park LLC, Elevate East Peoria, LLC and their successorsaffiliates, predecessors-in-interestinstructors, officers, directors, managers, agents, employees, designers, licensors, and insurers members (collectively also referred to as “Elevate Trampoline Park”), as well as the landlord property owner of the Elevate Trampoline Park premises and other tenants of that premises and the owners, manufacturers and installers of the equipment comprising the Elevate Trampoline Park premises (collectively, the“Releasees"the “Releasees”) harmless from any and all liability, claims, demands, rights, actions, suits, or causes of actionaction whatsoever arising out of or relating in any way to my and/or my child’s/▇▇▇▇’▇ participation at the Elevate Trampoline Park premises. To the fullest extent allowed by law, obligationsI expressly and voluntarily release and forever discharge Releasees from any and all liability, debtsclaims, costsdemands, lossesor causes of action whatsoever arising out of any damage, chargesloss, expensesphysical injury, attorneys’ feesemotional injury, damagesbodily injury, judgments and liabilitiesdisability, of whatever kind or naturedeath to me or my child/▇▇▇▇, while participating, or due to my or my child’s/▇▇▇▇’▇ participation or the participation by third parties, in lawany of the Activities offered at the Elevate Trampoline Park premises; including, equity or otherwisewithout limitation, whether now known or unknownuse of trampolines, 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 Facilityobstacle course equipment, premises and/or its equipment (use of other recreational and sporting equipment, participation in other related activities, receiving instruction, strenuous bodily movement, and any other activities in and around the Elevate Trampoline Park premises. To the fullest extent allowed by law, this release is valid and effective whether trampolines the injury, damage, loss, disability or otherwise), death is a result of any negligent 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, includingany third parties on the premises or from any other cause. This waiver and release of liability includes, without limitation, injuries, or accidents, which may occur as a result of the: (i) use or misuse of the premises in any claim way by anyone, (ii) instruction or supervision, or (iii) slipping, tripping and/or falling while in the premises or on the surrounding premises. In consideration of being allowed to participate in any or all of the services and activities, including, but not limited to, those set forth in the Participation and Arbitration Agreement and any related events and activities, the undersigned acknowledges, appreciates, and agrees that: (1) Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and, (2) Participant for negligencemyself, failure and/or on behalf of my spouse, and minor child(ren)/▇▇▇▇(s) KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and, (3) agree to warn comply with the stated and customary terms and conditions for participation with respect to protection against infectious diseases and if I observe any unusual or other omissionsignificant hazard during my presence or participation, property damageI will remove myself from participation and bring such to the attention of the nearest management employee immediately; and (4) that I, as parent/guardian, with legal responsibility for any minor participant, have read and explained the provisions in this waiver/release to my child/▇▇▇▇ including the risks of presence and participation and his/her personal responsibilities for adhering to the rules and regulations for protection against infectious diseases; and, (5) I, for myself and/or on behalf of my spouse, and minor child(ren)/▇▇▇▇(s) as well as on behalf of my heirs, assigns, personal injuryrepresentatives and next of kin, emotional injuryHEREBY RELEASE AND HOLD HARMLESS ETP EAST PEORIA PARK LLC, illnessits officers, bodily harmofficials, paralysis or death. I understand that this release agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, owners, parent companies, affiliated entities and waiver applies not only to use lessors of the trampolinespremises ("RELEASEES"), but also all other equipmentWITH RESPECT TO ANY AND ALL ILLNESS, 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 premisesDISABILITY, whether inside or outside the Sky Zone Facility. In the event that any claim released herein is brought byDEATH, 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 liabilitydamage to person or property, including reasonable attorneys' feesWHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, associated therewith or arising therefromto the fullest extent permitted by law.
Appears in 1 contract
Sources: Participant 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 ▇▇▇▇▇▇ LLC and their successors, predecessors-predecessors- in-interest, and insurers (collectively, the“Releaseesthe “Rel ▇▇▇▇▇") from f om any and all al claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losseslos es, chargescharg s, expenses, attorneysa torneys’ feesees, 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
Sources: 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.
Appears in 1 contract
Sources: Participant Agreement, Release and Assumption of Risk
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
Sources: Participation 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 liabilityl iability, including reasonable attorneys' fees, associated therewith or arising therefrom.
Appears in 1 contract
Sources: 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
Sources: Participant Agreement, Release and Assumption of Risk