In consideration for gaining access to 500 S Montgomery Ave, Suite 101, Sheffield, AL 3660 (the “Location”) and engaging the services of Adventure World LLC, its agents, owners, volunteers, employees, insurers, and all other persons or entities acting on its behalf (collectively referred to as “Adventure World”), I, the named parent or legal guardian of the named participant(s) who is under 18, and, on behalf of the minors identified on this form, hereby acknowledge, appreciate, and agree that:
1. All children’s equipment at Adventure World, including playground, trampoline games, slides, climbing walls, and other toys, can be hazardous and dangerous. Activities require various degrees of skill and experience. I understand that these activities can result in serious injury, death, or illness to the person or child(ren). I understand that such risk simply cannot be eliminated without jeopardizing the essential qualities of the Activity. I accept and assume all of the risk and responsibilities for injury, death, and illness to myself and identified minors on the Adventure World premises. I acknowledge that I and/or my child(ren) may require medical assistance, which I acknowledge will be at my own expense or the expense of my personal insurers. I represent and affirm that I have adequate and appropriate insurance to provide coverage for such medical expenses.
2. I am aware of the age and weight limit of certain activities for the safety of different age groups of children at Adventure World.
3. In consideration of Adventure World allowing my participation and the participation of my child(ren), I for myself and on behalf of my child(ren) and/or legal ward, and our respective heirs, administrators, personal representatives, and/or assigns hereby voluntarily release, waive, and forever discharge and covenant not to sue Adventure World LLC and/or its owners, agents, employees, officers, and/or any other persons or entities acting on its behalf, as to and from any and all claims of any type whatsoever, including but not limited to alleged claims of negligent acts or omission, actions, rights, damages, liabilities, including any expenses incurred by my child(ren) and/or legal ward should he/she/they be injured, including death, costs or expenses including attorney fees which are related the participation or use of the Adventure World facility by my child(ren) and/or legal ward.
4. By signing this agreement, it is my intention to assume all risk of injury and damage for myself and on behalf of my child(ren) and/or legal ward and to surrender and being aware of the right to sue or exercise any legal right to seek compensation in a court of law for injuries and/or damages against Adventure World LLC, its owners, agents, employees, and/or all other persons or entities acting on its behalf, do hereby intentionally waive and relinquish those rights on behalf of myself and my child(ren) and/or legal ward. Further, in the event of any dispute arising out of this agreement, the use and/or participation of my child(ren) and/or legal ward of the facilities of Adventure World LLC or the relationship of the parties hereto, including without limitation any disputes regarding the construction and/or enforceability of this Agreement, I hereby agree, on behalf of myself, my child(ren) and/or legal ward(s), to submit all such disputes to binding arbitration proceedings to be convened in Colbert County, Alabama, which proceedings shall be conducted under the applicable rules of the American Arbitration Association.
5. I acknowledge that my and/or my child’s participation in activities at Adventure World is voluntary. I hereby certify that I am over 18 years of age. I have carefully read the foregoing covenant not to sue, assumption of risk, and acknowledge that I understand and agree to all of the above terms and conditions. Prior to signing this agreement, I have had an opportunity to ask any and all questions. I am aware that by signing this agreement, I assume all risks and waive and release all substantial rights I may possess.
6. I agree to follow the rules as explained: No outside food, and all guests are required to wear socks. I understand that failure to adhere to these rules may result in being denied service. If denied service, guest admission will not be refunded.
7. Photos and use of recording devices may be used on-premises, and images and videos of children may be used for marketing and security purposes. I further authorize Adventure World to use my or my child(ren)’s name, face, likeness, voice, and appearances in connection with exhibitions, publicity, advertising, and promotional materials
This Waiver shall be binding upon the parties, their respective heirs, representatives, successors, and assigns.
In case any part of this Waiver be construed as improper or invalid, such invalidity will affect only that part of this Waiver and the rest shall remain valid and enforceable.
Any alteration, modification, or amendment to this Waiver shall not be considered as valid unless otherwise written and signed by the undersigned herein.