Voluntary assumption of risk and acknowledgement of open and obvious hazards I acknowledge and agree that I and the Child(ren) are participating voluntarily at our own risk and exposing ourselves to open and obvious hazards. I acknowledge and agree that the actions or activities of other customers or the actions or inactions of the Blue Elephant Play Place Facility employees could cause me or the child significant bodily injury (as described in this agreement), and that the Blue Elephant Play Place is not responsible for the actions or activities of customers using the Blue Elephant Play Place Facility or the negligence of its employees and supervising the Blue Elephant Play Place facility or its usage, including, actions, activities, or omissions that result in such harm because I and my child are assuming a duty to protect against such risks. All of these risks may be avoided by choosing not to participate, which is an option that I and my Child(ren) voluntarily choose not to accept. Some of the open and obvious risk include but are not limited to the following:
a)Participants may die or become paralyzed, partially or fully, through their use of the Blue Elephant Play Place facility and participation in the Blue Elephant PLay Place activities. b)Participants may suffer cuts, scrapes, bumps, bruises, the transmission of disease strains and allergic reactions through use of the Blue Elephant Play Place equipment or contact with other participants or surfaces they have contacted. Participants may sprain, pull, break or otherwise seriously externally or internally injure their head, face (including nose and teethjaw) neck, torso, spine, arms, wrists, hands, legs, ankles, feet or other body parts as a result of falling off equipment, landing improperly on any equipment or making contact with other participants. As noted in paragraph a) above, such injuries can lead to paralysis, disfigurement or death. Participation may result in heat stroke, heart attacks, dehydration and other exertion - related medical events. c)Participants may fall on each other, resulting in broken bones and other serious injuries. Participants may land or fall on hard surfaces such as the area between equipment which can lead to serious injury. d) Traveling to and from play equipment can result in similar physical injury (even if the participant is not himself or herself at the time) e)Observing, standing, sitting or taking photographs at or near any equipment or activity can result in similar physical injury (even if the observer is not himself or herself participating at the time)
AGREEMENT TO PAY MY OWN MEDICAL EXPENSES:
I acknowledge, accept, and assume the risk of any and all medical conditions, limitations, or disabilities (whether temporary or permanent) that I or the child possesses, whether known or unknown, which might contribute to or exacerbate any injury I or the Child might sustain as a result of using the Blue Elephant Play Place facility or any of its equipment. I acknowledge and agree that if medical assistance (of any form, including emergency care, hospitalization, outpatient care anor physical therapy) is required or performed as a result of any injury I or the Child sustains while using the Blue Elephant Play Place facility, such assistance shall be at my own expense.
In connection with this contract and all services provided under it to me andor any child under my supervision, the Release Parties hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue the Blue Elephant Play PLace, and their successors, predecessors-in-interest, and insurers (collectively, the "Rleases") from any and all claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, attorney's fees, damage, judgement and liabilities, of whatever kind of nature, in law, equity or otherwise whether now known or unknown, suspected or unsuspected, and where or not concealed or hidden, related to arising, directly, indirectly, from my or the child's access to andor use of the BLue Elephant Play Place Facility, premisses, andor its equipment (whether rock wall or otherwise), the child(ren) andor my entry in to Blue Elephant Play Place Facility, the condition, maintenance, inspection, supervision, control or security of the Blue Elephant Play Place Facility. The failure to warn of dangerous conditions in connection with the Blue Elephant Play Place facility, andor the acts or omissions of the Blue Elephant Play Place or any of the releases, including, without limitation, any claim for breach of contract, negligence, failure to warn or other omission, property damage, personal injury, emotional injury, illness, bodily harm, paralysis, or death. I understand that this release and waiver applies to and includes all ascites that i or my child engage in at the premises, whether inside or outside the Blue Elephant Play Place Facility. In the event that any claim released herein is brought by, or asserted on behalf of the releasing parties, I shall immediately defend, indemnify, and hold harmless the release, and any of them from any loss or liability, including reasonable attorneys fees, associated therewith or arising therefrom.