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. For any minor child, I
represent and warrant that I have the authority to execute this Agreement on
the child’s behalf as a parent or legal guardian and my decision to sign this
waiver on behalf of any child is voluntary and informed. I agree to be bound by Lava Island’s Terms
of Service, the terms of which are incorporated herein by reference. 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 Englewood, LLC, 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
trampolines, trampoline courts, air bags, foam pits, warrior courses, obstacle
courses, play equipment, and all of the 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 risks of
injury not inherent to amusement and recreational activities, such as my own
negligence, the negligence of other participants, negligence of Lava Island’s
employees, Lava Island’s own negligence, the negligence of product and
equipment manufacturers, unexpected failures related to equipment, gear,
fittings, fixtures, and furniture on the premises; inclement weather; and other
events. 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 that these risks include, but are not limited to, variable
uneven surfaces, amusement devices, recreational equipment, attractions,
inflatables, rock walls, obstacle courses, falls, trips, slips, equipment
failure, collisions or accidents with other persons and objects, running,
jumping, bouncing, sliding, swinging, spinning, throwing, catching, hitting,
lifting, climbing, grabbing, balancing and crawling, any other activity, condition
of the equipment, and condition of the premises. 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. If I am not accompanying my child or any
person for whom I am the legal guardian, 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.
Waiver
and Release: I agree that Lava Island shall not be liable for any injury to
or the death of any person resulting from the risks described above and any
other activity on the property. I hereby
release and waive all liability and any claim against Lava Island, its employees,
agents, representatives, manufacturers, suppliers, inspectors, and any
subcontractors, or any other person or entity for injury, loss, damage, or
death of any participant, spectator, or chaperone resulting from any activity
at Lava Island. I hereby release and
waive liability for any injury, damages, or losses resulting from or arising
out of the risks described above. This is a complete and general release of any and all possible claims
against Lava Island for any kind of injury, damages, or losses,
including death, on the basis of negligence, breach of warranty, breach of
contract, and any other legal theories, except willful and wonton conduct or
recklessness.
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, instructions, 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 minor participant I am supervising or person in my
party fails to follow the rules or the directions of Lava Island 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. If my status as a parent, legal guardian, or
chaperone of a minor child or person who lacks legal capacity is challenged or
found invalid, I will indemnify, hold harmless, and defend Lava Island against
any claim brought by or on behalf of the minor child or person who lacks legal
capacity. 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 Lava Island for
claims of others arising out of my conduct at the property.
Venue
and Choice of Law: This Agreement shall be
interpreted in accordance with the laws of the State of Colorado. Any lawsuit against Lava Island shall be
brought in Arapahoe County in the State of Colorado.
Medical
Treatment: I authorize Lava Island
to 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.
Media
Release: I authorize Lava Island to photograph, film, record me, my
child(ren), and any person for whom I am the legal guardian, without
compensation, and use these images in any media format. Any images taken by Lava Island are the sole
property of Lava Island. I consent to
Lava Island’s Privacy Policy, the terms of which are incorporated herein
by reference.
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.