I have voluntarily elected to use and, if applicable, to allow the minor child(ren) identified below and all minor children under my supervision and referred to individually and collectively herein as “Child”, to use the Z&W 18 INDOOR PLAYGROUND KIDS CLUB CORP. DBA ZEBRA WORLD, facilities and equipment located at [ Equipment Address ] . In consideration for being allowed to use said facilities and equipment, and any other services provided by Z&W 18 INDOOR PLAYGROUND KIDS CLUB CORP. DBA ZEBRA WORLD, or its employees or agents at said location, I represent, acknowledge, and agree as follows:
I acknowledge and agree that the use of facilities and equipment at Z&W 18 INDOOR PLAYGROUND KIDS CLUB CORP. DBA ZEBRA WORLD, and that participating in activities is inherently and obviously dangerous. These risks include serious physical or emotional injury, paralysis, death, damage to me, the Child, and/or third parties, and damage to personal property of any or all such persons. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity, which I further agree is for recreational purposes and completely voluntary. I acknowledge and agree that, while the activities that take place at the Z&W 18 INDOOR PLAYGROUND KIDS CLUB CORP. DBA ZEBRA WORLD, are monitored generally by Z&W 18 INDOOR PLAYGROUND KIDS CLUB CORP. DBA ZEBRA WORLD, it is not feasible for such employees to monitor the activities and actions of all customers at all times or all customers simultaneously. Furthermore, Z&W 18 INDOOR PLAYGROUND KIDS CLUB CORP. DBA ZEBRA WORLD’s employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s health or abilities. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
I acknowledge and agree that I and the Child are participating voluntarily at our own risk. I acknowledge and agree that the actions or activities of other customers or the actions or inactions of Z&W 18 INDOOR PLAYGROUND KIDS CLUB CORP. DBA ZEBRA WORLD’s employees could cause me or the Child significant bodily injury (as described in this Agreement), and that Z&W 18 INDOOR PLAYGROUND KIDS CLUB CORP. DBA ZEBRA WORLD is not responsible for the actions or activities of customers using the Z&W 18 INDOOR PLAYGROUND KIDS CLUB CORP. DBA ZEBRA WORLD’s facility or equipment or the negligence of its employees in supervising the Z&W 18 INDOOR PLAYGROUND KIDS CLUB CORP. DBA ZEBRA WORLD or its usage, including actions, activities, or omissions that result in such harm. Some of the risks include, but are not limited to, the following:
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 possess, whether known or unknown, which might contribute to or exacerbate any injury I or the Child might sustain as a result of using the Z&W 18 INDOOR PLAYGROUND KIDS CLUB CORP. DBA ZEBRA WORLD’s facility or any of its equipment. I acknowledge and agree that if medical assistance (of any form, including emergency care, hospitalization, out-patient care, and/or physical therapy) is required or performed as a result of any injury I or the Child sustains while using the Z&W 18 INDOOR PLAYGROUND KIDS CLUB CORP. DBA ZEBRA WORLD’s facility, such assistance shall be at my own expense.
I, Child, and all participants (the “Releasing Parties”) hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue Z&W 18 INDOOR PLAYGROUND KIDS CLUB CORP. DBA ZEBRA WORLD, and their shareholders, directors, officers, attorneys, officers, employees, successors, predecessors-in interest, and insurers (collectively, the “Releasees”) from any and all claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, attorneys’ fees, damages, judgments and liabilities, of whatever kind or nature, in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, related to or arising, directly or indirectly, from my or the Child’s access to and/or use of the Z&W 18 INDOOR PLAYGROUND KIDS CLUB CORP. DBA ZEBRA WORLD’s facility, premises and/or its equipment (whether trampolines or otherwise), the Child’s and/or my entry into the Z&W 18 INDOOR PLAYGROUND KIDS CLUB CORP. DBA ZEBRA WORLD’s facility, the condition, maintenance, inspection, supervision, control or security of the Z&W 18 INDOOR PLAYGROUND KIDS CLUB CORP. DBA ZEBRA WORLD’s facility, the failure to warn of dangerous conditions in connection with the Z&W 18 INDOOR PLAYGROUND KIDS CLUB CORP. DBA ZEBRA WORLD’s facility, and/or the acts or omissions of Z&W 18 INDOOR PLAYGROUND KIDS CLUB CORP. DBA ZEBRA WORLD or any of the Releasees, including, without limitation, any claim for 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 not only to the use of the trampolines, but also all other equipment, and all activities and games at the Z&W 18 INDOOR PLAYGROUND KIDS CLUB CORP. DBA ZEBRA WORLD’s facility. I understand that this release and waiver applies to and includes all activities that I or my Child engage in at the premises, whether inside or outside the Z&W 18 INDOOR PLAYGROUND KIDS CLUB CORP. DBA ZEBRA WORLD’s 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 Releasees, and any of them, from any loss or liability, including reasonable attorneys’ fees, associated therewith or arising therefrom. I promise to INDEMNIFY, HOLD HARMLESS AND DEFEND Z&W 18 INDOOR PLAYGROUND KIDS CLUB CORP. DBA ZEBRA WORLD against and all claims, including claims for my own and /or my Child’s own claims. I also promise to INDEMNIFY, HOLD HARMLESS AND DEFEND Z&W 18 INDOOR PLAYGROUND KIDS CLUB CORP. DBA ZEBRA WORLD against and all claims for my own and/or my Child’s negligence, and any other claim arising from me and/or my Child’s conduct during the activities. I will reimburse Z&W 18 INDOOR PLAYGROUND KIDS CLUB CORP. DBA ZEBRA WORLD for any damages, reasonable settlements and defend costs, including attorney’s fees that it incurs because or any claims made against Z&W 18 INDOOR PLAYGROUND KIDS CLUB CORP. DBA ZEBRA WORLD.
In connection with my and the Child’s use of the Z&W 18 INDOOR PLAYGROUND KIDS CLUB CORP. DBA ZEBRA WORLD’s facility, I consent to the recording of the Child’s and my physical likeness and/or voice through mechanical, photographic, technical, digital, electronic, or other means (“Recordings”). I hereby consent to and authorize Z&W 18 INDOOR PLAYGROUND KIDS CLUB CORP. DBA ZEBRA WORLD and its agents, representatives, employees, successors and assigns to use, in perpetuity, such Recordings, for any purpose, including advertising, promoting, exploiting and/or publicizing any Z&W 18 INDOOR PLAYGROUND KIDS CLUB CORP. DBA ZEBRA WORLD. I further agree that the foregoing includes the consent to use the Child’s and/or my physical likeness in any form. In addition, I waive any and all claims I may have in connection with the Recordings. You should notify us in advance in writing if you do not agree to this paragraph.
I understand that this agreement extends forever into the future and will have full force and legal effect each and every time I or my child(ren)/ward(s) visit Z&W 18 INDOOR PLAYGROUND KIDS CLUB CORP. DBA ZEBRA WORLD, whether at the current location or any other location or facility.
This Agreement is governed by and shall be construed in accordance with the State of California, without any reference to its choice of law rules. I agree that any dispute arising from this Agreement or in any way associated with the activities shall be brought in the Superior Court of Riverside County, California and I agrees to the jurisdiction and venue of this court for any dispute.
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF Z&W 18 INDOOR PLAYGROUND KIDS CLUB CORP. DBA ZEBRA WORLD AND ALL OTHER RELEASEES USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED.
BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM Z&W 18 INDOOR PLAYGROUND KIDS CLUB CORP. DBA ZEBRA WORLD AND ALL OTHER RELEASEES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND Z&W 18 INDOOR PLAYGROUND KIDS CLUB CORP. DBA ZEBRA WORLD AND ALL OTHER RELEASEES HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
I have read and understood the preceding paragraph. I have had sufficient opportunity to read this document. I hereby warrant the truth of the statements. I have read and understood and agree to be bound by its terms. I understand that employees working at the Z&W 18 INDOOR PLAYGROUND KIDS CLUB CORP. DBA ZEBRA WORLD’s facility, including the manager, do not have the authority to waive any provision of this Agreement. This Agreement constitutes and contains the entire agreement between Z&W 18 INDOOR PLAYGROUND KIDS CLUB CORP. DBA ZEBRA WORLD and me relating to the Child’s and my use of the Z&W 18 INDOOR PLAYGROUND KIDS CLUB CORP. DBA ZEBRA WORLD’s facility and equipment. There are no other agreements, oral, written, or implied, with respect to such matters.
I am advised that California Civil Code §1542 provides that:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
I understand and acknowledge the significance and consequences of California Civil Code §1542 and I hereby elect to waive the benefits of its provisions, with the intent that this release of liability shall include claims known or unknown, and unknown and unsuspected.
I further agree that this Release shall be construed in accordance with the laws of the State of California. If any term or provision of this Release should be held illegal, unenforceable, or in conflict with any law governing this Release, the validity of the remaining portions shall not be affected thereby.
By signing below, I represent and warrant that I am the parent or legal guardian of the listed Child(ren) and have the authority to execute this Agreement on his/her or their behalf and to act on his/her or their behalf. I have read each and every paragraph in this document and I and they agree to be bound by the terms stated therein, including the release of liability contained therein. I further agree to indemnify and hold harmless the Z&W 18 INDOOR PLAYGROUND KIDS CLUB CORP. DBA ZEBRA WORLD, and their shareholders, directors, officers, attorneys, officers, employees, successors, predecessors-in-interest, and insurers from any and all claims which are brought by or on behalf of this or these minor Child or Children, or any of them, which are in any way connected with, arise out of, or result from their use of the Z&W 18 INDOOR PLAYGROUND KIDS CLUB CORP. DBA ZEBRA WORLD’s facility and equipment. I am 18 years of age or older. I am entering this agreement on behalf of myself, my spouse or domestic partner, the Child, and our respective and/or collective issue, parents, siblings, heirs, assigns, personal representatives, estate(s), and anyone else who can claim by or through such person or persons (collectively, the “Releasing Parties”).
IN SUMMARY, BY MY SIGNATURE BELOW, I AGREE IT IS MY INTENTION TO EXEMPT AND RELIEVE Z&W 18 INDOOR PLAYGROUND KIDS CLUB CORP. DBA ZEBRA WORLD, FROM ALL LIABILITY ARISING FROM UTILIZING THE FACILITIES AND EQUIPMENT.
BY MY SIGNATURE BELOW, I AGREE THIS AGREEMENT SHALL BE IN VALID FOR 365 DAYS FROM THE DATE SIGNED.
(1) Name of Fist Participant/Minor:
(2) Name of Second Participant/Minor:
(3) Name of the Third Participant/Minor:
(4) Name of the Fourth Participant/Minor:
(5) Name of the Fifth Participant/Minor:
(6) Name of the Sixth Participant/Minor:
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