SAFETY WAIVER AND PHOTO CONSENT LIKENESS CONSENT
Please read and submit our standard safety waiver:
As consideration for being allowed to enter the play area and/or participate in any party and/or program and/or event at House of Fun the undersigned, on his or her behalf, and on the behalf of the Participant(s) identified below, acknowledges, appreciates, understands, and agrees to the following:
1: I represent that I am the parent or legal guardian of the Participant(s) named below or I have obtained permission from the parent/legal guardian of the Participant(s) named below to execute this agreement on their behalf.
2: I acknowledge and understand that there are known and unknown risks associated with participation in House of Fun activities and the use of the play area, inflatable equipment and any and all other House of Fun equipment, including but not limited to the Open Bounce and Open play, which include but are not limited to: contusions, fractures, scrapes, cuts, bumps, paralysis, or death.
3: I, for myself and the Participant(s) named, willingly assume the risks associated with participation and accept that there are also risks that may arise due to OTHER PARTICIPANTS which I also willingly assume.
4: I agree that the Participant(s) named, and I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions as conditions for participation in any Open Bounce and/or any other open play event at House of Fun.
5: I, for myself, the Participant(s) named, our heirs, assigns, representatives, and next of kin agree to hold harmless, release, waive and indemnify the independent owner of this House of Fun facility, House of Fun USA LLC, their predecessors, parent, subsidiaries and affiliates, officers, and employees from any and all injuries, liabilities or damages from participation, except for those arising from the gross negligence or willful misconduct of House of Fun.
6: I additionally agree to indemnify the independent owner of this House of Fun facility,House Of Fun USA LLC, Path 77 Corp, New City Ventures LLC,UE Kingswood One LLC, their predecessors, parent, subsidiaries and affiliates, officers, and employees for any defense cost or expense arising from any and all claims, injuries, liabilities or damages arising from participation, except for those arising from the gross negligence or willful misconduct of House of Fun.
7: I am of physical ability to participate and am legally competent to understand and complete this agreement. I hereby execute this agreement without coercion.
8: I understand that entry, by myself and the participant(s) named, constitutes consent for House of Fun to use any photography, film, video, or likeness of participants for any purpose whatsoever, without payment to the participant.
9: I, for myself and the Participant(s) named, are not currently experiencing any or all of the symptoms listed below.
(a) Fever with temperature over 98.6 degree (Please note the Minor’s and your Temperature may be taken with a non-touch Forehead Thermometer before entry) (b) Cold or flu symptoms including runny nose (c) Cough or shortness of breath
10. I, for myself and the Participant(s) named are not align with any of the following risk factors associated with COVID-19 infection including:
(a) History of overseas travel or close contact with a person(s) who has traveled to a country of high risk in the past 14 days.(b) Contact with a confirmed case in the past 14 days.
11. I, for myself and the Participant(s) named, understand that should we display any of the symptoms listed above, I will notify the staff and agree to leave House Of Fun immediately.
12: I, on my own behalf and on behalf of the Participant(s) named agree to release, indemnify and discharge House OF Fun USA LLC, its agents, owners, shareholders, directors, partners, employees and volunteers, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
13: I, for myself and the Participant(s) named about to voluntarily engage in as a participant anytime they enter the House of Fun facility bear(s) certain known risks and unanticipated risks which could result in illness to us, or to third parties.
14: I release House of Fun and all associated Parties from any and all claims, demands, or causes of action, which are in any way connected with the participation in this activity or use of House of Fun equipment or facilities.
15: I indemnify and save and hold harmless House of Fun and all associated Parties against any loss, liability, damage or cost that may incur arising out of or in any way connected with the participation with House of Fun.
16: I understand that any items brought to House Of Fun are the responsibility of myself, and House Of Fun is in no way responsible for lost, missing, stolen or damaged items
17: The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
18: By Signing this agreement you are accepting the payment terms: OPEN JUMPS/SPECIAL EVENTS - All pre-paid jumps and events are non-refundable or transferable. Space is not guaranteed in any events unless pre-paid. Space is only held for the exact amount of children paid for and additional space is not guaranteed.
19: Any controversy, dispute, or claim arising out of or related to this Agreement, which the parties are unable to resolve by mutual agreement, shall be settled exclusively by submission by either party of the controversy, claim or dispute to binding arbitration; said arbitration to take place exclusively before a single arbitrator located within 25 miles of the event location and in accordance with the rules of the American Arbitration Association then in effect.
Waiver, Release, Hold Harmless, and Indemnification Agreement Rev. 13.008
9: I, for myself and the Participant(s) named, are fully vaccinated or exempt from being vaccinated either due to age or other lawful reasons and we are not currently experiencing any or all of the symptoms listed below.
(a) Fever with temperature over 98.6 degree (Please note the Minor’s and your Temperature may be taken with a non-touch Forehead Thermometer before entry) (b) Cold or flu symptoms including runny nose (c) Cough or shortness of breath
10. I, for myself and the Participant(s) named are not align with any of the following risk factors associated with COVID-19 infection including:
(a) History of overseas travel or close contact with a person(s) who has traveled to a country of high risk in the past 14 days.(b) Contact with a confirmed case in the past 14 days.
11. I, for myself and the Participant(s) named, understand that should we display any of the symptoms listed above, I will notify the staff and agree to leave House Of Fun immediately.
12: I, on my own behalf and on behalf of the Participant(s) named agree to release, indemnify and discharge House OF Fun USA LLC, its agents, owners, shareholders, directors, partners, employees and volunteers, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
13: I, for myself and the Participant(s) named about to voluntarily engage in as a participant anytime they enter the House of Fun facility bear(s) certain known risks and unanticipated risks which could result in illness to us, or to third parties.
14: I release House of Fun and all associated Parties from any and all claims, demands, or causes of action, which are in any way connected with the participation in this activity or use of House of Fun equipment or facilities.
15: I indemnify and save and hold harmless House of Fun and all associated Parties against any loss, liability, damage or cost that may incur arising out of or in any way connected with the participation with House
16: I understand that any items brought to House Of Fun are the responsibility of myself, and House Of Fun is in no way responsible for lost, missing, stolen or damaged items
17: The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
18: By Signing this agreement you are accepting the payment terms: OPEN JUMPS/SPECIAL EVENTS - All pre-paid jumps and events are non-refundable or transferable. Space is not guaranteed in any events unless pre-paid. Space is only held for the exact amount of children paid for and additional space is not guaranteed.
19: Any controversy, dispute, or claim arising out of or related to this Agreement, which the parties are unable to resolve by mutual agreement, shall be settled exclusively by submission by either party of the controversy, claim or dispute to binding arbitration; said arbitration to take place exclusively before a single arbitrator located within 25 miles of the event location and in accordance with the rules of the American Arbitration Association then in effect.
Waiver, Release, Hold Harmless, and Indemnification Agreement Rev. 13.008