Waiver: In consideration of being permitted to participate in any way in a Foam Party or Any of the Activities involved with Foam Machines, hereinafter called "The Activity", I, for myself, my heirs, personal representatives or assigns, do hereby release, waive, discharge, and covenant not to sue Syracuse Foam Parties, its officers, employees, and agents from any and all liability from any and all claims resulting in personal injury, accidents or illnesses (including death), and property loss arising from, but not limited to, participation in The Activity. Syracuse Foam Parties is based at an address of 5095 Onondaga Rd, Syracuse, NY 13215.
Assumption of Risks: Participation in The Activity carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific risks include 1) minor injuries such as scratches, bruises, and sprains 2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions to 3) catastrophic injuries including paralysis and death. Other risks include, but are not limited to, slips, falls, contact with other participants, negligent or wanton acts of other participants, any defects or condition of premises or equipment, insects or wild animals, the effects of the weather including high heat, cold temperatures, storms, and/or humidity. Individuals who are pregnant, have a heart condition, or have previous athletic injuries that may increase vulnerability to injury, should not engage in the Activities.
In the event that I should require medical care or treatment, I authorize Syracuse Foam Parties to provide any and all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport (ambulance), and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
I have read the previous paragraphs and I know, understand, and appreciate these and other risks that are inherent in The Activity. I hereby assert that my participation (and my children's participation) is voluntary and that I knowingly assume all such risks. Idemnification and Hold Harmless: I also agree to idemnify and hold harmless Syracuse Foam Parties from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney fees brought as a result of my (our) involvement in The Activity and to reimburse them for any such expenses incurred. This release also includes negligence on the part of Syracuse Foam Parties, its agents, and employees.
Severability: I further expressly agree that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law of the State of New York and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Intoxication: I understand that consumption of alcohol or drugs before or during the Activity increases risk to myself and others, and I agree to not participate while under the influence of any intoxicating substances, even if legally prescribed.
Rules and authority: I agree to abide by the rules and instructions of the Syracuse Foam Parties employee at all times during the Activity, including but not limited to the Syracuse Foam Parties employee stopping my participation of the activity at any time for any reason. If any Syracuse Foam Party equipment is damaged by me due to the intentional or reckless acts on my part, I agree to reimburse Syracuse Foam Parties for any and all equipment damaged.