BY PARTICIPATING IN THIS ACTIVITY AT THE LOCATION AND SIGNING THIS AGREEMENT, YOU ARE FORGOING YOUR RIGHTS IN PERPETUITY TO TAKE LEGAL ACTION AGAINST PUSH BOUNCE LLC FOR ANY REASON WHATSOEVER FOR ANYTHING OCCURRING AT THE LOCATION OR DURING THE ACTIVITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
This Liability Waiver and Release, Indemnity Agreement, and Assumption of the Risk (the “Waiver”) is executed by the undersigned participant (the “Participant”) and/or the undersigned parent or legal guardian of the Participant, in favor of Push Bounce LLC, and all who or which succeed to Push Bounce LLC’s interest, its owners, directors, officers, members, managers, employees, shareholders, independent contractors, volunteers, agents, personal representatives, promoters, sponsors, advertisers, guests, customers, spectators, affiliates, representatives or anyone else located at or related to the Activity or the Location (collectively, “Push Bounce LLC”
1. Acknowledgement of Risk. The Participant acknowledges and understands that participation in activities provided by Push Bounce LLC, including but not limited to participating in, or spectating other participating in, inflatable/wearable bubble and other recreational activities (collectively, the “Activities”), involves inherent risks, including the risk of physical or emotional injury, pain, suffering, temporary or permanent disability, death, financial loss or property damage. These risks may arise from the actions, inactions or omissions of the Participant, the actions, inactions or omissions of others, or from the condition of the facilities or equipment used in the Activities.
2. Assumption of Risk, Release, and Waiver of Liability. The Participant agrees to participate in the Activities at their own risk. The Participant acknowledges and understands that they are voluntarily engaging in the Activities with knowledge of the risks involved. The Participant assumes full responsibility for any injury, loss, or damage that may occur from participating in the Activities.
THE PARTICIPANT VOLUNTARILY FOREVER WAIVES, RELEASES, DISCHARGES, AND HOLDS HARMLESS PUSH BOUNCE LLC FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, RIGHTS OF ACTION, AND/OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH THE ACTIVITIES, INCLUDING THOSE ALLEGEDLY ATTRIBUTED TO THE NEGLIGENT ACTS OR OMISSIONS OF PUSH BOUNCE LLC OR THIRD PARTIES, TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN SIGNING THIS DOCUMENT, THE PARTICIPANT FULLY RECOGNIZES AND UNDERSTANDS THAT IF THEY ARE INJURED OR DAMAGED, THEY ARE GIVING UP THEIR RIGHT TO MAKE A CLAIM OR FILE A LAWSUIT AGAINST PUSH BOUNCE LLC, EVEN IF IT
NEGLIGENTLY CAUSES THE INJURY OR DAMAGE. If any part of this Section 2 is found by a court of competent jurisdiction to be unenforceable, such court shall construe and enforce this Section 2 to the maximum extent allowable under applicable law.
3. Indemnification. The Participant agrees to indemnify and hold harmless Push Bounce LLC from any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorney’s fees, arising out of or related to the Participant’s involvement in the Activities.