As parent or legal guardian of the child whose name is set forth below (who is referred to herein as the "Participant") and in consideration of the Participant being permitted to participate in the Activities (as defined below) conducted by HUCKLEBERRY CORP ("Huckleberry"), the Participant and I agree as follows:
1. Activities
- The Participant will participate in various activities offered by Huckleberry(the "Activities"), including but not limited to, the following: The all inclusive use of the entire Huckleberry facility including the fully equipped Indoor Playground containing a rock climbing wall, foam ball shooters, climbing gym, to name a few, and/or the participation in any party, event or program activity at Huckleberry.
2. Assumption Of Risk
- I understand that the Activities entail the risk of severe bodily injury to the Participant and to myself. Injuries that could result will vary, but may include (a) minor injuries such as scratches, bruises and sprains; (b) major injuries such as eye injury or loss of sight, joint or back injuries and concussions; and (c) catastrophic injuries, including paralysis and even death. Notwithstanding these risks and other hazards that may be foreseeable but not specifically identified herein, I, for myself and the Participant and our respective heirs, personal representatives and assigns, understand, acknowledge, and expressly and voluntarily assume all risks and full responsibility for any injury to Participant or myself, and expressly and arising out of or related to the Activities.
3. Release, Discharge and Agreement Not To Sue
- I, for myself and the Participant and our respective heirs, personal representatives and assigns, do hereby release, discharge and agree not to sue Huckleberry and its managers, members, employees and/or other agents, for any injury to or death of the Participant or myself arising, directly or indirectly, from participation in the Activities. This release, discharge and covenant not to sue shall relate to any and all claims or legal rights now existing or arising in the future, including claims and legal rights arising out of any negligence of Huckleberry and/or its managers, members, employees and/or other agents and any other breach of a legal duty arising out of common law, statute, contract or otherwise.
4. Indemnification And Hold Harmless
- I agree to indemnify Huckleberry and hold Huckleberry harmless from, without limitation, any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney's fees and costs, incurred due to claims brought by any third party as a result of or arising out of the Participant's and/or my own involvement in the Activities and to reimburse Huckleberry for any such costs, expenses and fees as they are incurred.
5. Arbitration agreement
- I, for myself and the Participant and our respective heirs, personal representatives and assigns, do hereby agree that any and all disputes not barred/waived by this Agreement with Huckleberry or its subsidiaries or affiliates, whether statutory, contractual, or otherwise, including but not limited to personal injuries and/or illness (“Claims”) shall be resolved by binding arbitration in Bergen County, New Jersey, in accordance with the rules of the American Arbitration Association (“AAA”). In addition, I agree that I may not initiate any arbitration proceeding for any Claim(s) unless and until I have first given Huckleberry specific written notice of each Claim and given Huckleberry a reasonable opportunity after such notice to cure any default. Arbitration awards may be enforced in any court of competent jurisdiction. The provisions of this paragraph shall be governed by the provisions of the Federal Arbitration Act, 9 U.S.C. §1, et seq., and shall survive settlement.
The rules governing arbitration are different than those in court. Arbitration does not involve a judge or jury and review is limited, but an arbitrator can award the same damages as a court. Except as may otherwise be provided in AAA’s Consumer Due Process Protocol that allows consumers to file certain claims in small claims court, Buyer understands that by singing this Agreement, he or she is giving up the right to a trial in court, either with or without a jury.
6. Parent Or Legal Guardian Certification And Consent
- I hereby certify that I am the parent or legal guardian of the Participant whose name appears below, and I have authority to waive rights on behalf of the minor Participant. I have read and I understand all of the provisions of this document and the risks of the Activities. I understand that the Activities could cause injury and even death. I acknowledge that I have read and understand the terms of this document and I am freely and voluntarily signing this document.
7. Severability
- This document is intended to be as broad and inclusive as is permitted by the laws of the State of New Jersey and if any provision (or a part of any provision) contained herein is deemed to be invalid, the balance of the provisions shall continue in full legal force and effect, notwithstanding such invalidity.
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