In consideration of the risk of injury while participating in Indoor Play (the "ACTIVITY"), and as consideration for the right to participate in ACTIVITY, Participant or Participant's Legal Guardian, (hereinafter "Participant") hereby, for themselves, their heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of participation in ACTIVITY, and releases and forever discharge Wiggle Room LLC, (hereinafter "COMPANY"), its affiliates, managers, members, agents, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that PARTICIPANT may suffer as a direct result of aforementioned ACTIVITY, including traveling to and from an event related to ACTIVITY. To the extent that any state statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Company, its agents, and employees.
PARTICIPANT IS VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY ENTIRELY AT THEIR OWN RISK. PARTICIPANT IS AWARE OF RISKS ASSOCIATED WITH PARTICIPATING IN ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. PARTICIPANT UNDERSTANDS THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM PARTICIPANTS OR OTHERS' NEGLIGENCE, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, PARTICIPANT ASSUMES ALL RISKS, BOTH KNOWN OR UNKNOWN, IN THIS ACTIVITY, FACILITIES, TEMPERATURE, WEATHER, LACK OF HYDRATION, CONDITION OF PARTICIPANTS, EQUIPMENT, AND ACTIONS OF OTHERS, INCLUDING BUT NOT LIMITED TO, PARTICIPANTS, VOLUNTEERS, SPECTATORS, COACHES, EVENT OFFICIALS AND EVENT MONITORS, AND/OR PRODUCERS OF THE EVENT.
PARTICIPANT, OR PARTICIPANT LEGAL GUARDIAN, agrees to indemnify and hold harmless COMPANY against all claims, or legal actions for liability, damages, compensation or otherwise brought by PARTICIPANT or on PARTICIPANT behalf, including attorney's fees and any related costs, if litigation arises pursuant to claims made by PARTICIPANT or those acting on PARTICIPANT behalf. PARTICIPANT, OR PARTICIPANT LEGAL GUARDIAN, agree to reimburse COMPANY for any of these expenses.
In the event that PARTICIPANT should require medical care or treatment, PARTICIPANT, or PARTICIPANT LEGAL GUARDIAN agrees to be financially responsible for any costs incurred. In the event that any damage to equipment or facilities occurs as a result of PARTICIPANT or PARTICIPANT FAMILY willful actions, neglect or recklessness, PARTICIPANT or PARTICIPANT LEGAL GUARDIAN acknowledges and agrees to be held liable for any and all costs associated with any actions of neglect or recklessness.
In the event that any provision contained within this Waiver and Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
PARTICIPANT, by signing below, affirms that he/she is 18 years or older, freely signing Agreement, and certifies that he/she has read Agreement and fully understands its content.