True Blue Touch
PARTICIPANT AGREEMENT, INDEMNIFICATION,
GENERAL RELEASE AND ASSUMPTION OF LIABILITY
(PLEASE READ THIS DOCUMENT CAREFULLY, BY SIGNING IT, YOU ARE GIVING UP YOUR AND/OR YOUR MINOR CHILDREN’S LEGAL RIGHTS)
As used herein, the following terms shall have the following meanings:
“True Blue Touch” shall mean True Blue Touch and its members, owners, officers, directors, principals, agents, employees, volunteers, independent contractors, insurers, facility operators, land and/or premises owners, suppliers, designers, installers, or such other material and equipment in the facility, and any and all other persons and entities acting in any capacity on behalf of True Blue Touch or for whom True Blue Touch may be responsible.
“PATRONS” shall mean the undersigned and all minor participants listed above, as well as their respective heirs, assigns, administrators, representatives and/or next of kin.
“ACTIVITIES” shall mean any and all services and activities, including, but not limited to, running, jumping, tossing, painting, cutting, glueing, taping, experimental activities, climbing activities, and any other amusement activities provided by True Blue Touch.
In consideration of being allowed to participate in the ACTIVITIES provided by TRUE BLUE TOUCH, PATRONS hereby acknowledge, understand, and agree to the following:
1. Responsibility For Conduct. PATRONS agree to comply with all rules established for the ACTIVITIES, which include without limitation the rules posted in the facility and/or the website. PATRONS accept sole responsibility for their own conduct while participating in the ACTIVITIES.
2. Representation of Good Health. PATRONS represent and warrant that (i) they are in good health and in proper physical condition to participate in the ACTIVITIES; (ii) they are not under the influence of alcohol or any illicit or prescription drugs which would in any way impair their ability to safely participate in the ACTIVITIES; and (iii) they have not been advised against participating the ACTIVITIES by a health professional. PATRONS assume sole responsibility for determining if he, she or they are sufficiently fit and healthy enough to participate in the ACTIVITIES.
3. Waiver of Liability. To the fullest extent permissible under law, PATRONS agree to hold TRUE BLUE TOUCH harmless and forever waive, release, and discharge TRUE BLUE TOUCH of and from any and all liability and responsibility for any and all damages or claims of any nature or kind that PATRONS may sustain in connection with or arising out of participation in the ACTIVITIES, whether such damages or claims result from products liability, strict liability, or the fault or negligence of TRUE BLUE TOUCH.
4. Indemnification. To the fullest extent permissible under law, PATRONS further agree to indemnify, defend, and hold TRUE BLUE TOUCH harmless from and against any and all liability of any nature or kind, including but not limited to causes of action, suits, claims, judgments, costs or expense, including attorney’s fees, for death, injury, or damages to persons or property arising out of participation in the ACTIVITIES. PATRONS shall and will, at his, her or their own expense, defend any and all such suits, claims, citations, or actions that may be brought against TRUE BLUE TOUCH and shall and will satisfy, pay and discharge any and all judgments, fines or penalties that may be recovered against TRUE BLUE TOUCH. The obligations under this section shall apply regardless of whether the liability or damages are the result of the negligence, intentional acts, gross negligence or fault of TRUE BLUE TOUCH.
5. Right to Photograph. PATRONS hereby grant to TRUE BLUE TOUCH the irrevocable right and permission to photograph and/or record PATRONS while on the premises of TRUE BLUE TOUCH and to use any such photograph and/or recording for all purposes, including advertising and promotional purposes, in any manner and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. PATRONS waive any right to inspect or approve the use of the photograph and/or recording, and acknowledge and agree that the rights granted to this release are without compensation of any kind.
6. Severability and Reformation. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under Louisiana law. However, if any clause or provision, or part thereof, of this Agreement shall be prohibited by or invalidated under applicable law, such clause, provision or part shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such clause or provision or the remainder of this Agreement. It is the intention of the parties to this Agreement that any provision or part hereof which is determined to be illegal, invalid or unenforceable shall be reformed so as to make said terms legal and enforceable to the fullest extent permissible under current law.
I, THE UNDERSIGNED, HAVE READ THIS AGREEMENT AND FULLY UNDERSTANDS ITS TERMS AND UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE 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.