Lava
Island
Release Agreement and Waiver of Liability [the
“Agreement”]
this
is a legal document. each and every PERSON, WHETHER a participant,
observer, or chaperone must carefully read and sign this document
prior to entering our property. if you do not understand it, let us
know and we will answer your questions. If you have any minor child
or other person who lacks capacity to read and sign this document,
this document must be signed by the parent or legal guardian prior to
entering our property.
I
represent and warrant that I am at least 18 years of age and, on
behalf of myself, successors, heirs, and representatives, have the
legal capacity to enter into this Agreement. I understand that I am
required to execute this Agreement on behalf of my minor child(ren)
and any person who lacks capacity to make legal decisions and for
whom I am legal guardian. I have had the opportunity to ask
questions and learn about the activities at Lava Island. I have had
the opportunity to decline these recreational services if I disagree
with the terms of this Agreement or do not want to assume the risks
associated with the activities at Lava Island. I understand this
Agreement may not be altered unless in writing and signed by all
parties. Any reference to Lava Island includes, but is not limited
to, Epic Parks Brookfield, LLC d/b/a Lava Island, its successors,
assigns, principals, affiliates, landowners, managers, directors,
officers, members, employees, agents, representatives, insurers,
attorneys, manufacturers, suppliers, inspectors, and any
subcontractors.
In
consideration for the services provided by Lava Island, I agree as
follows:
Understanding
and Assumption of Risks:
I understand that there are risks inherent in amusement and
recreational activities that include the use of inflatables,
trampolines, trampoline courts, foam pits, Jacob’s ladder, balance
beams, basketball, jump tower and airbag, slides, spider tower, large
jungle gym, toddler area, ninja courses, obstacle courses, play
equipment, jump towers, and all of the equipment and activities at
Lava Island; engaging in any activities on the property as
participant; viewing or observing activities; and as acting as
chaperone to any person. I understand that by being on the premises
there are also other risks of injury not necessarily related to an
inherent risk, such as my own negligence, negligence of Lava Island’s
employees, and Lava Island’s own negligence. I understand that I
am assuming the risk of injury, serious bodily injury, or death
arising out of these aforementioned activities and risks, even if I
am merely observing or chaperoning and not actively participating in
activities. I understand I am responsible for the control and
supervision of my minor child(ren), any person for whom I am the
legal guardian, and any person for whom I am the chaperone. I
understand that my child or any such person must be accompanied and
supervised by an adult chaperone. I understand that Lava Island is
not an insurer of the safety of every person and cannot guard against
every possible hazard. I understand that some activities are not
intended for persons with certain medical conditions for safety
purposes and I am responsible for determining whether I or any person
for whom I am the legal guardian or chaperone are fit to participate
in or watch an activity. I understand that my conduct as a
participant who accepts the risks inherent in these recreational
activities is contributory negligence in accordance with Wisconsin
Statutes.
Waiver
and Release:
I agree that Lava Island shall not be liable for any injury to or the
death of me or any person resulting from the risks and activities on
the property described above. I hereby release and waive all
liability and any claim against Lava Island and its employees for
injury, loss, damage, or death of any participant, spectator, or
chaperone resulting from any activity at Lava Island. This
is a complete and general release of claims against
Lava Island on the basis of negligence, breach of warranty, breach of
contract, and any other legal theories.
Safety
Rules:
I hereby acknowledge and understand that each and every activity at
Lava Island has individual rules and regulations that I and any minor
child or other person under my care or supervision are to strictly
follow. I understand that not every activity is supervised. I
hereby agree on behalf of myself, my minor child(ren), any minor I am
chaperoning, and any other person under my care to follow all
signage, rules, and regulations and understand that the failure to
follow any of these rules or directions could result in injury,
damages, or losses, including death. I understand that the failure
to follow rules may also result in the loss of privileges at Lava
Island and that I may be required to leave, along with any child or
other person in my party, or that I may be asked to leave if any
person in my party fails to follow the rules or the directions of
Lava Island’s employees.
Indemnification:
I agree to indemnify, hold harmless, and defend Lava Island from and
against any and all causes of action, claims, demands, losses,
damages, and/or legal action by myself, successors, heirs, and
representatives arising out of or in any way relating to my use of or
presence at the property or the services provided. I agree to
indemnify, hold harmless, and defend Lava Island from and against any
and all causes of action by my child(ren) and any other person on
whose behalf I sign this Agreement. I agree to reimburse Lava Island
for any fees and costs incurred due to legal action related to
myself, my child(ren), and any person for whom I am the legal
guardian or chaperone. I agree to defend and indemnify the Lava
Island for claims of others arising out of my conduct at the
property.
Mandatory
Arbitration:
Any
dispute, claim, or cause of action regarding the terms of this
Agreement or any related activities, shall be brought (i)
individually, without resort to any form of class or collective
action, and (ii) exclusively before a single, private, impartial
arbitrator in a confidential, final, and binding arbitration held in
Denver, Colorado administered by the American Arbitration Association
under its then current Commercial Arbitration Rules. The arbitrator
shall have the power to award any remedies available under applicable
law. Any award and any confirming judgement applies only to the
arbitration in which it was awarded and cannot be further used in any
other case except to enforce the award itself.
Venue
and Choice of Law:
This Agreement shall be interpreted in accordance with the laws of
the State of Wisconsin. If a lawsuit is filed against Lava Island
notwithstanding the Mandatory Arbitration provision, it shall be
brought in the County of Waukesha, State of Wisconsin.
Medical
Treatment:
I authorize Lava Island provide first aid to or to obtain medical
care for me, my child(ren), and any person for whom I am the legal
guardian. I understand that I am responsible for the costs of any
medical care on site and rendered thereafter.
Minor
Child(ren) and Persons:
I represent and warrant that I am the parent or legal guardian for
the following persons and agree to the above terms, release, waiver,
and provisions on their behalf:
This
Agreement contains the entire agreement and supersedes any and all
prior agreements, understandings, and discussions. If any provision
of this Agreement is determined to be invalid or unenforceable, the
unenforceable provision shall be severed and the remaining provisions
shall not be affected. I have read this entire Agreement, understand
it, and agree to be bound by it. I agree that this Agreement is
valid for one year and will apply to any and all visits from today to
one year from now. I understand that my electronic signature is
valid and legally binding.