ACTIVITIES AND ASSOCIATED RISKS: The Graduation Event may include a variety of entertainment, recreational, athletic and sporting activities including activities using equipment provided by Graduation Party Producers including but not limited to swimming pools, skating rinks, bowling centers, Segway’s, bumper cars, go-karts, hypnotists, factor of fear shows, disc jockeys (possibly with lights which can have a strobe-like effect, as well as non-toxic fog machines), sumo wrestling, bungee runs, obstacle courses, pounce and bounces, Velcro walls, climbing walls, henna, bungee/mechanical bull, joust, slide, zip line, and other inflatables, and such activities and equipment are collectively referred to as “Recreational Entertainment and Equipment”. Senior and parent/guardian acknowledge that participation in and use of Recreational Entertainment and Equipment involve known, unknown, inherent and unanticipated risks, which could result in serious physical or emotional injury, falls, muscle strains, broken bones and other potential injuries. These risks include, but are not limited to, senior’s failure or failure of other participants to follow the safety guidelines or instructions of Graduation Party Producer’s personnel; improper use of equipment; inadequate repair or maintenance of Graduation Party Producer’s facilities and equipment; manufacturing or other defects, both apparent and latent, in the equipment supplied or used by Graduation Party Producers; senior’s or other participants’ attempts to exceed their skills and/or act in a reckless manner; senior’s physical condition; improper first-aid, emergency treatment or other attempted rescue services; the unavailability of medical services or immediate medical attention in the case of injury; and acts or omissions of Graduation Party Producers, including insufficient instruction or assistance.
ASSUMPTION OF RISKS: Senior and parent/guardian expressly and freely accept and assume all of the risks relating to their participation in the Graduation Event including but not limited to exposure to or contracting of Covid-19, participation in and use of Recreational Entertainment and Equipment (REE). Senior and parent/guardian agree that senior’s participation in the Graduation Event, and participation in and use of any REE is purely voluntary, and that any participation is done in spite of the risks.
RELEASE OF LIABILITY/INDEMNIFICATION: Senior and parent/guardian each hereby release and covenant not to sue each of the Graduation Party Producers, their owners, employees, agents, and any related affiliate and/or subsidiary entities (collectively “Released Parties) from any and all claims, damages and liabilities of any nature arising out of the Graduation Event, including, without limitation, personal injury, property damage, exposure to or contracting of Covid-19, and claims of negligence based on acts or omissions of Released Parties, but not including gross negligence or intentional misconduct or other liabilities not releasable by law. Senior and parent/guardian each further agree to indemnify, defend and hold harmless Released Parties against any claims released in Section 3, against senior and parent/guardian’s acts or omissions, and against any other claim or damage arising from senior’s participation in the Graduation Event, including, without limitation, personal injury, exposure to or contracting of Covid 19, and property damage, and attorney’s fees and costs incurred to defend against indemnified claims.
LIFE-THREATENING CONDITIONS: Senior and parent/guardian agree to abide by the Grad Nights life threatening food allergy policy and will provide an Emergency Care Plan if senior has a life-threatening condition or allergy. Additionally, senior and parent/guardian agree and acknowledge that the Release of Liability and Indemnification provisions of this Agreement include claims and damages arising out of senior’s consuming or handling of the food provided during the Graduation Event.
SEVERABILITY/ATTORNEYS FEES AND COSTS/APPLICABLE LAW: Should Graduation Party Producers or anyone acting on their behalf incur attorneys’ fees and costs to enforce this Agreement, senior and parent/guardian further agree the prevailing party shall be entitled to recovery of any such fees and costs. In the event that any portion of this Agreement is deemed invalid or unenforceable, all other portions of this Agreement shall remain in full force and effect to the maximum extent allowed by law. This Agreement is governed by the laws of the State of Washington.
OTHER: Senior and parent/guardian certify that senior has insurance to cover injury or damage senior may cause or suffer while participating in the Graduation Event, and further agree that senior and parent/guardian will bear any uninsured costs of such injury or damage themselves. Senior and parent/guardian further agree and warrant that senior has no medical or physical conditions which could interfere with senior’s safe participation in the Graduation Event including participation in and use of any Recreational Entertainment and Equipment and that senior will not engage in any activity which is inappropriate for senior given any medical, physical or emotional condition of senior. In the event such conditions exist, senior and parent/guardian agree the risk of senior’s participation in the Graduation Event and participation in and use of Recreational Entertainment and Equipment with such condition is included in their assumption of risk under this Agreement and any damages and claims arising from participation with such a condition are included within their commitments to release, indemnify, defend and hold harmless under this Agreement.