• Push Bounce LLC Liability Waiver

    Participant Agreement, Release and Waiver of Liability, and Assumption of Risk

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  • 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.

  • 4. Miscellaneous. This Waiver shall be governed by and construed in accordance with the laws of Arizona. If any provision of this Waiver is found to be unenforceable, the remaining provisions shall remain in full force and effect. This Release constitutes the entire agreement of Push Bounce LLC and Participant with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

    5. Participants acknowledge and give the right to use their image and likeness in Push Bounce LLC’s social media platforms and website for advertising and marketing purposes.

    6. Participants acknowledge that they will adhere to all game rules and instructions set forth by Push Bounce LLC given during orientation and during the Activities. Push Bounce LLC reserves the right to remove Participant from the Activity should Participant fail to adhere to game rules and instructions, or Participant otherwise engages in conduct which Push Bounce LLC deems to be potentially harmful or negligent, in Push Bounce LLC’s sole and absolute discretion. Should Participant be removed from the Activity, Participant shall not be entitled to any refund or credit.

    BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ THIS WAIVER AND RELEASE OF LIABILITY, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. PARTICIPANT UNDERSTANDS THAT THIS IS A CONTINUING WAIVER, RELEASE, AND INDEMNITY AGREEMENT WHICH NEVER EXPERIES AND APPLIES TO ALL INJURIES, DAMAGES, CLAIMS, LIABILITY AND/OR INHERENTLY DANGEROUS ACTIVITIES OCCURING PRIOR TO THE DATE OF ITS EXECUTION UNTIL THE END OF TIME.

    BY SIGNING AS A PARENT/LEGAL GUARDIAN, I, ALSO ACKNOWLEDGE THAT HAVE READ THIS WAIVER AND CONSENT AND AGREE TO BIND MYSELF AND PARTICIPANT TO THE SAME. I FURTHER REPRESENT AND WARRANT THAT I AM THE PARENT OR LEGAL GUARDIAN OF THE PARTICIPANT, HAVE AUTHORITY TO SIGN AND LEGALLY BIND MYSELF AND PARTICIPANT TO THIS WAIVER, HAVE DONE SO AS EVIDENCED BY MY SIGNATURE BELOW, AND FURTHER AGREE TO INDEMNIFY PUSH BOUNCE LLC FROM ANY LOSSES (INCLUDING ATTORNEYS’ FEES) INCURRED IN CONNECTION WITH ANY INACCURACY IN THE FOREGOING REPRESENTATION.

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  • If Participant is a Minor (under 18 years of age):

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