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 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 Billings, 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. 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 me
or 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 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 uneven surfaces, stairs, ramps, curbs, slippery surfaces,
lighting conditions, dining areas, contagious sickness or illness, or other
hazards. 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.
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 Connecticut. If a lawsuit is filed against Lava Island notwithstanding
the Mandatory Arbitration provision, it shall be brought in the County of
Hartford, State of Connecticut.
Venue and Choice of Law: This Agreement shall be
interpreted in accordance with the laws of the State of Montana. If a lawsuit is filed against Lava Island notwithstanding
the Mandatory Arbitration provision, it shall be brought in the County of Yellowstone, State of Montana.
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.
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 understand that my
electronic signature is valid and legally binding.