SAAZ, LLC DBA THE RUSH FUN PARK
RELEASE, WAIVER, INDEMNITY AND ASSUMPTION OF RISK AGREEMENT
The Rush Fun Park (collectively “Park”) Participant agreement Waiver, Release and Assumption of Risk Agreement (“Agreement”) participation in Park and Park activities entail known, anticipated and unanticipated risks that could result in physical and/or emotional injury, death, paralysis or damage to yourself and/or to others. Risk may include but not limited to landing improperly, collision with fixed objects and/or moving objects and/or other people, landing improperly which may result in sprains, breaks, fractures, dislocations, trauma and injuries to any part of the body. This Agreement is executed by the Adult (“Participants”) on behalf of and as a parent or legal guardian for such Child (“Participants”). In consideration of Facilities permitting Participants to enter the Premises to participate is any activities that may occur in or near 3150 Pat Booker Road Suite 304, San Antonio TX 78148 or 6817 W. Peoria Ave Peoria AZ 85345.
By providing my signature, I acknowledge my understanding and agreement to the foregoing terms In consideration of the services provided by SAAZ, LLC, an Arizona limited liability company, doing business as The Rush Fun Park and my desire to spectate and/or participate in the activities and services provided by Park today and in the future. Participants agree to abide by the Park rules and instructions and the directions of Park employees and representatives, whereby acknowledge that those rules, instructions and directions are intended to promote the safety of both myself and others; my failure or refusal to abide by those rules, instructions and directions can lead to the immediate revocation of my right to use the Park, without any right to refund of any payments made; and in the event of sickness, accident or injury, I will immediately report my injury to the Park staff and under no circumstances will I leave the Park without doing so, I will cease all participation in Park activities at that time of sickness, accident or injury, I authorize the Park employees and representatives to obtain and secure, on my behalf, emergency medical treatment and transportation, when deemed appropriate by the Park employees and representatives, and I agree to assume, at my expense, all costs of emergency medical care and transportation; agree to fully and forever waive, release and discharge Park Owner from any and all claims, actions, causes of action, demands, judgments, damages (including compensatory, general, special, consequential, exemplary and punitive), liability or obligations of any nature or kind, whether known at the time I leave the Park or which may arise or become known later, which accrue on account of, or in any way arise out of or in connection with: my activities within the Park; the activities within the Park by others; the operation of the Park by Park Owner regardless of whether such claims are founded in whole or in part upon alleged negligence, or the actual negligence of Park Owner; my use of any and all of the Park facilities; and my use of any and all equipment within the Park, whether owned by me, Park Owner or a third party agree to indemnify and hold Park Owner harmless from and against any and all losses, liabilities, claims, obligations, costs, damages, and/or expenses whatsoever, including, but not limited to, any and all attorneys' fees, costs, damages and/ or judgments directly or indirectly arising out of, or relating to my acts or omissions while participating in any activities at the Park agree to accept and assume all of the risks which accompany the Park’s activities and represent that my participation in the activities is purely voluntary and I elect to fully understand that participating in the activities within the Park involves physical exertion; and accordingly represent that I am in sufficient good health to participate in activities within the Park; I do not have any pre-existing physical or medical condition, including without limitation pregnancy, orthopedic problems, including back problems; heart problems; and/or breathing problems, that might be impacted or worsened by my use of the Park; and will not use the Park and its facilities while under the use of any drugs, alcohol or medications that may impair my physical abilities or judgment; agree to attempt only activities that I feel I am capable of performing safely, and stay in areas that will not place me in danger, certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in the activities within the Park, or if not, I agree to bear the costs of such injury or damage to myself and others; and, authorize Park Owner, and its successors to capture my image, likeness and sounds in photographs, videotapes, recordings or other forms of media (“Images”). I acknowledge that Park Owner will own such Images and I grant permission, without compensation, for Park Owner, or any affiliated party of Park, to copyright, display, publish, distribute, use, modify and print such Images in any lawful manner, including without limitation, in publications, advertisements, brochures, web sites, social media and other electronic displays and transmissions thereof. The foregoing authorization shall not include using my name with any Image unless I agree otherwise in writing. By providing my signature I acknowledge my understanding and agreement to the foregoing terms I agree that any legal proceeding shall be filed solely in the County of Maricopa and I further agree that the substantive law of Arizona shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Park Owner on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms. I understand and agree that: that this Waiver, Release and Assumption of Risk gives up important legal rights; I am giving up these important legal rights voluntarily, freely, under no threat of duress, without inducement, promise or guarantee being communicated to me; and the signature below is proof of my intention to execute a complete and unconditional WAIVER AND RELEASE of all liability to the full extent of the law.
IN WITNESS WHEREOF, Participants on behalf of themselves, and Responsible Parties on behalf of Minors who they permit to use the Facilities, have signed this Agreement as of the dates indicated.