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 Manchester, 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 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.
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 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.
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.
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 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.