AGREEMENT FOR USE OF THE ADRENALINE FAMILY ADVENTURE PARK FACILITIES
This Agreement is for the use of Adrenaline Family Adventure Park located at 10080 E 121st St Suite 182, Fishers, IN 46037 (the "Facility"). As used in this Agreement, the term “Use” shall mean the physical presence of a person at the Facility without regard to whether such person is a participant or an observer, or is present at the Facility for any other reason.
I have voluntarily elected to Use and, if applicable, to allow the minor child(ren) identified above, and all other minor children who are under my supervision or who are present at the Facility by my invitation (individually and collectively, a "Child"), to Use the Facility. In consideration of my Use and the Use by any Child, as applicable, of the Facility, as applicable, on behalf of myself, each Child, or any other person under my supervision or control, I hereby agree as follows:
I acknowledge and agree that this Agreement covers and is intended to release and provide other benefits, legal protections, and consideration to owner of the Facility (the “Owner”) and its agents, owners, officers, managers, shareholders, affiliates, assigns, volunteers, participants, employees, and all other persons or entities acting in any capacity on their respective or collective behalf (collectively, "Adrenaline"). I acknowledge and agree that the terms and conditions set forth herein shall apply to adults and minors alike.
DESCRIPTION OF ACTIVITIES, RISKS, AND POTENTIAL FOR INJURY
I acknowledge and agree my Use and the Use by any Child, as applicable, of the Facility may include participation in attractions and/or activities offered at the Facility which may include but are not limited to rope courses, climbing attractions, ground-level and off-ground obstacle courses, soft-play areas, tumbling areas, trampolines and other equipment and/or apparatuses, and related activities (each an “Activity”). I further acknowledge and agree that each Activity, and its associated equipment and apparatuses, is inherently and obviously dangerous, and that the risks of my Use and the Use by any Child, as applicable, of the Facility include serious physical and/or emotional injury, including but not limited to burns, scrapes, cuts, bruises, dislocations, sprains, fractures, pinches, concussion, paralysis, other physical trauma, death, damage to myself, each Child, and/or third parties, and damage to personal property of any or all such persons. I understand that the risk of injury extends to all extremities and all other parts of the body. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the Activities, which I further agree is for recreational purposes and completely voluntary.
SPECIFIC RISK ASSOCIATED WITH SPECIAL ACTIVITIES
The Facility may at any time engage in promotional and other programs and activities that involve the use of reduced and altered or theatrical lighting and special effects, including strobe lighting (“Altered Lighting Events”). Altered Lighting Events may increase the inherent and obvious dangers of the Activities and can lead to physical or emotional injury, paralysis, death, or damage to myself, a Child, and/or third parties, and damage to personal property of any or all such persons. I understand that special rules may apply to these Activities, and that I and any Child may elect to not participate in such Activities. I acknowledge and agree that I and the Child may participate voluntarily in Altered Lighting Events solely and exclusively at our own risk, and that by participating, we waive the right to seek damages for any injuries that occur.
VOLUNTARY ASSUMPTION OF RISK
I acknowledge and agree that I and each Child, as applicable, are participating voluntarily at our own risk. I acknowledge and agree that the actions or activities of other customers or the actions or inactions of Facility employees could cause me or the Child significant bodily injury as described in this Agreement, and that Adrenaline is not responsible for the actions or activities of customers using the Facility or the negligence of its employees in supervising the Facility or its usage, including actions, activities, or omissions that result in such harm. Some of the risks include, but are not limited to, the following:
- Participants may die or become paralyzed, partially or fully, through their Use of the Facility and/or participation in an Activity.
- Participants may suffer cuts, scrapes, bumps, bruises, the transmission of disease strains and allergic reactions through Use of Facility equipment and apparatuses or contact with other participants or surfaces they have contacted. Participants may sprain, pull, break or otherwise seriously externally or internally injure their head, face (including nose and teeth/jaw), neck, torso, spine, arms, wrists, hands, legs, ankles, feet or other body parts as a result of falling off the equipment and/or apparatuses, landing improperly on the equipment and/or apparatuses, or making contact with other participants. As noted in paragraph 1. above, such injuries can lead to paralysis, disfigurement or death. Participation may result in heat stroke, heart attacks, dehydration and other exertion-related medical events.
- Participants may fall on each other, resulting in broken bones and other serious injuries. Double bouncing, more than one person per trampoline, flipping, running and bouncing off of the walls and wall-mounted trampolines, and other participant body movements (whether planned or unplanned) can cause physical injury and can create a rebound effect leading to unpredictable body movements and anticipated or unanticipated bodily contact, any or all of which can lead to serious injury.
- Traveling to and from Activities can result in similar physical injury even if the participant is not himself or herself engaged in an Activity at the time.
- Observing, standing, sitting or taking photographs at or near any equipment and/or apparatus can result in similar physical injury even if the observer is not himself or herself participating in an Activity at the time.
- Altered Lighting Events can affect depth perception and visibility and may cause me and/or my Child to fall, slip, misstep, collide with other jumpers, or collide with equipment which can result in a greater risk of serious physical or emotional injury, paralysis, or death.
AGREEMENT TO PAY MY OWN MEDICAL EXPENSES
I acknowledge, accept, and assume the risk of any and all medical conditions, limitations, or disabilities (whether temporary or permanent) that I or any Child, as applicable, possess, whether known or unknown, which might contribute to or exacerbate any injury I or the Child might sustain as a result of our Use of the Facility. I acknowledge and agree that if medical assistance (of any form, including emergency care, hospitalization, out-patient care, and/or physical therapy) is required or performed as a result of any injury I or the Child sustains while using the Facility, such assistance shall be at my own expense.
RELEASE OF LIABILITY
I am entering this Agreement on behalf of myself, my spouse or domestic partner, each Child, and our respective and/or collective issue, parents, siblings, heirs, assigns, personal representatives, estate(s), and anyone else who can claim by or through such person or persons (collectively, the “Releasing Parties”). The Releasing Parties hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue Adrenaline, and their successors, predecessors-in-interest, and insurers (collectively, the “Released Parties") from any and all claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, attorneys’ fees, damages, judgments and liabilities, of whatever kind or nature, in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, related to or arising, directly or indirectly, from my or any Child’s access to and/or Use of the Facility, the condition, maintenance, inspection, supervision, control or security of the Facility, the failure to warn of dangerous conditions in connection with the Facility, and/or the acts or omissions of Adrenaline or any of the Released Parties, including, without limitation, any claim alleging negligent ac(s) or omission(s) of the Released Parties. This release extends to claims seeking relief for any and all forms of damage or injury, including property damage, personal injury, emotional injury, illness, bodily harm, paralysis or death. I understand that this release and waiver applies to and includes all activities that I or any Child may engage in at the premises, whether inside or outside the Facility. In the event that any claim released herein is brought by, or asserted on behalf of, the Releasing Parties, I shall immediately defend, indemnify and hold harmless the Released Parties, and any of them, from any loss or liability, including reasonable attorneys' fees, associated therewith or arising therefrom.
I understand and fully acknowledge and agree that all of the risks identified herein and any other risks associated with Use of the Facility are sometimes beyond the control of the Released Parties. I agree and acknowledge that should Adrenaline or any other Released Party, or anyone acting on their behalf, be required to incur attorneys' fees and/or costs to enforce this Agreement, I agree to immediately defend, indemnify and hold Adrenaline and any other Released Party harmless for and against all such attorneys’ fees and/or costs.
ARBITRATION OF DISPUTES; TIME LIMIT TO BRING CLAIM
I understand that by agreeing to arbitrate any dispute as set forth in this section, I am waiving my right, and the right(s) of any Child, to maintain a lawsuit against Adrenaline and the other Released Parties for any and all claims covered by this Agreement. By agreeing to arbitrate, I understand that neither I or any Child will have the right to have my/its claim determined by a jury. Reciprocally, Adrenaline and the other Released Parties waive their right to maintain a lawsuit against me and any Child for any and all claims covered by this Agreement, and they will not have the right to have their claim(s) determined by a jury. ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO MY OR THE CHILD’S USE OF THE FACILITY OR ACCESS TO THE FACILTY PREMISES AND/OR ITS ATTRACTIONS, EQUIPMENT AND/OR APPARATUES, INCLUDING BUT NOT LIMITED TO CLAIMS FOR PERSONAL INJURY, BREACH OF CONTRACT, AND/OR THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE BROUGHT WITHIN ONE YEAR OF ITS ACCRUAL (i.e., the date of the alleged injury or damage) AND BE DETERMINED BY ARBITRATION IN THE COUNTY OF THE FACILITY. JUDGMENT ON ANY ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of Indiana, without regard to choice of law principles. Any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Sec. 1-16).
PHOTO/VIDEO/SOCIAL MEDIA WAIVER
In connection with my Use and the Use by any Child, as applicable, of the Facility, I consent to the recording of the Child’s and my physical likeness and/or voice through mechanical, photographic, technical, digital, electronic or other means (“Recordings”). I hereby consent to and authorize Adrenaline and its agents, representatives, employees, successors and assigns to use, in perpetuity, such Recordings, as well as the Child’s name and my name, for any purpose, including advertising, promoting, exploiting and/or publicizing the Facility. I further agree that the foregoing includes the consent to use the Child’s and/or my physical likeness in any form. In addition, I waive any and all claims I may have in connection with the Recordings.
TERM OF AGREEMENT
I understand that this Agreement extends forever into the future and will have full force and legal effect each and every time I or any Child Uses the Facility.
SAFETY IS YOUR RESPONSIBILITY: I AND EACH CHILD AGREE TO FOLLOW THE CODE OF PATRON RESPONSIBILITY:
You agree, for yourself and for any Child, to:
- exercise good judgment and act in a responsible manner while using the Facility, including any equipment and/or apparatus;
- obey all oral or written warnings, or both, prior to or during participation, or both;
- refrain from participating in any Activity or otherwise using any equipment or apparatus while mentally or physically impaired, or while under the influence of drugs or alcohol;
- refrain from participating in any Activity or otherwise using any equipment or apparatus if you have pre-existing medical conditions, circulatory conditions, heart or lung conditions, recent surgeries, back or neck conditions, knee or ankle conditions, high blood pressure, known pregnancy, any history of spine, musculoskeletal or head injuries, or if you may be pregnant;
- use all safety equipment provided for any Activity or attraction;
- remove any attire with hard, sharp or dangerous objects such as buckles, pens, purses, badges, etc.;
- avoid bodily contact with other patrons;
- comply with all height, weight or age restrictions imposed by the manufacturer or Owner to Use the Facility or participate in any Activity;
- avoid crowding or overloading individual sections of the Facility, and/or any equipment and apparatuses;
- refrain from engaging in Activities in any manner which exceeds your own limitations, training and/or skills;
ACKNOWLEDGEMENT OF RULES AND WARNINGS
I acknowledge that warnings, rules, policies, and patron education signs are posted in the Facility, and that I have had the opportunity to read and understand the same prior to participating in any Activity. I further acknowledge that I will not participate in any Activity unless I have heard and fully understood any instruction given to me and each Child, as applicable. I agree to follow and obey all posted and stated warnings, rules, policies, and patron education signs. I further agree that, as applicable, prior to each Child utilizing the Facility or any equipment and/or apparatus, I will ensure that such Child has heard and understands all safety rules, warnings, and patron education and shall assume all responsibility for their compliance therewith.
ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND
I am 18 years of age or older. I have had sufficient opportunity to read this document. I have read and understood and agree to be bound by its terms. I understand that employees working at the Facility, including the manager, do not have the authority to waive any provision of this Agreement. This Agreement constitutes and contains the entire agreement between Adrenaline and me relating my Use and the Use by any Child of the Facility. There are no other agreements, oral, written, or implied, or any other outside terms or conditions with respect to such matters. I agree that if any portion of this Agreement is found to be unenforceable, the remaining portions shall remain in full force.
By signing below, I represent and warrant that I am the parent, legal guardian, or power-of-attorney of each Child, as applicable, and that I have the authority to execute this Agreement on his/her or their behalf and to act on his/her or their behalf. I have read each and every paragraph in this document and I and they agree to be bound by the terms stated therein, including the release of liability contained therein. I further agree to indemnify and hold harmless the Released Parties from any and all claims which are brought by or on behalf of any Child, which are in any way connected with, arise out of, or result from their Use of the Facility.
I ACKNOWLEDGE THAT IF I OR ANY CHILD IS INJURED IN ANY WAY, THIS WAIVER PREVENTS AND PROHIBITS ANY RECOVERY OF MONEY FROM ADRENALINE AND ANY OTHER RELEASED PARTY.