WAIVER OF LIABILITY AND INDEMNIFICATION OBLIGATION
PLEASE READ THIS DOCUMENT CAREFULLY. BY SIGNING, YOU ARE GIVING UP LEGAL RIGHTS
This Waiver of Liability and Indemnification Obligation (Agreement) is entered into by Adult Participant on his/her behalf and as the parent or legal guardian of Child Participant(s) in favor of No Sheep, LLC (Urban Air). Collectively and severally, Adult Participant and Child Participant, their heirs, successors, and assigns are referred to as Participant. In consideration of Urban Air allowing Participant to enter the Premises and participate in the Activities at 4741 W Lawrence Street, Grand Chute, WI 54914 (Premises), Participant agrees as follows:
- Nature of the Activities. Urban Air operates an adventure park that offers Participants the ability to participate actively or passively, in adventure park related activities, including, but not limited to, trampolining, dodgeball, tumbling, foam pits, fitness classes, skydiving, warrior course, battle beam, laser tag, soft play, ropes course, climbing wall, sky rider, go carts, bowling, bumper cars, and other related activities (collectively, Activities).
- Types of Risks. Participant acknowledges there are inherent risks in and injuries that may occur from participating in the Activities. These risks include, but are not limited to, cuts; bruises; muscle strain; twisted or sprained ankles, knees, shoulders, or wrists; burns; dirt or other materials in eye; concussions; broken bones; physical or emotional injuries; failure of the equipment or attraction surface or attachments; being hit by a ball; collisions with other participants; erratic co-participant behavior; collisions with standards and supports; using improper form or technique; slipping, falling, or tripping; error of judgment by employees; paralysis, disability, or death; or personal injury to third persons. This list is not exhaustive and there are unknown and unforeseeable hazards. If you have any questions, please contact a manager before purchasing admission.
- Assumption of Risk. Notwithstanding the risks and the safety measures implemented by Urban Air, Participant acknowledges it is impossible to eliminate all risk of injury. PARTICIPANT AFFIRMS THAT PARTICIPATION IN THE ACTIVITIES IS VOLUNTARY AND KNOWINGLY, WITH UNDERSTANDING OF THE RISKS AND POTENTIAL INJURIES, ASSUMES ALL RISKS INHERENT WITH THE ACTIVITIES.
- RELEASE. TO THE FULLEST EXTENT PERMITTED BY LAW, ADULT PARTICIPANT ON HIS/HER BEHALF AND THAT OF CHILD PARTICIPANT RELEASES URBAN AIR, THE PREMISES OWNER, AND THEIR FRANCHISORS, INSTALLERS, MANUFACTURERS, PARENTS, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND INSURERS (COLLECTIVELY, PROTECTED PARTIES) FROM ALL CLAIMS. “CLAIM” MEANS ALL INJURIES, LIABILITIES, DAMAGES, DEMANDS, CAUSES OF ACTION, AND MEDICAL EXPENSES (INCLUDING ATTORNEY'S FEES AND COURT COSTS) RELATING TO, RESULTING FROM, OR ARISING OUT OF OR ALLEGED TO HAVE ARISEN OUT OF (IN WHOLE OR IN PART) BODILY INJURY (INCLUDING DEATH) TO PARTICIPANT DUE TO PARTICIPAN’TS (A) USE OF THE PREMISES, (B) ACTIVE OR PASSIVE PARTICIPATION IN THE ACTIVITIES, OR (C) CONSUMPTION OF ALCOHOL AT THE PREMISES OR THAT OF AN INVITEE. THIS RELEASE SHALL NOT APPLY IF THE CLAIM IS CAUSED BY THE WILLFUL OR RECKLESS MISCONDUCT OR GROSS NEGLIGENCE OF URBAN AIR.
- INDEMNITY. TO THE FULLEST EXTENT PERMITTED BY LAW, ADULT PARTICIPANT SHALL INDEMNIFY AND DEFEND THE PROTECTED PARTIES FROM ANY CLAIMS, ANY SUM PAID TO OR ON BEHALF OF ANY PARTICIPANT IN SETTLEMENT OF A CLAIM, AND ALL CLAIMS RELATED TO THE INSUFFICIENCY OF PARTICIPANT’S CAPACITY TO EXECUTE THIS AGREEMENT.
- 6. Alcohol. Participant agrees to exercise reasonable care and to not consume alcohol to the extent Participant’s judgment is impaired. Participant understands the potential risks associated with the consumption of alcohol and acknowledges Participant does not have and is not aware of any medical condition that would result in an injury to Participant due to the consumption of alcohol. Participant assumes the risks associated with alcohol consumption and takes full responsibility for Participant’s own actions, safety, and welfare. UNDER NO CIRCUMSTANCES WILL PARTICIPANT BE ALLOWED TO PARTICIPATE IN ANY ACTIVITIES IF PARTICIPANT HAS CONSUMED ALCOHOL.
- Representations by Participant. Participant represents to the following to the Protected Parties:
- Participant shall obey all rules while participating in the Activities and alert the staff of any rules violations or dangerous behavior.
- Participant possesses a sufficient level of skill and physical fitness for safe participation in the Activities.
- Participant shall only attempt Activities that Participant can perform safely.
- Participant is not aware of any health problems that would prevent him/her from participating in the Activities.
- Urban Air may, but shall not be obligated or required to, administer to Participant emergency aid, CPR, and use a defibrillator, secure emergency medical care or transportation, and Participant shall assume all costs of emergency medical care and transportation.
- Participant shall discontinue participation in the Activities if Participant feels any faintness, shortness of breath, high anxiety, or chest pains.
- License. Participant grants the Protected Parties in perpetuity the right to use all or a portion of an image/video of Participant and their name and likeness in all forms and media including composite or modified representations for all purposes, including advertising, trade or commercial purpose. PARTICIPANT WAIVES THE RIGHT TO INSPECT OR APPROVE VERSIONS OF IMAGES/VIDEOS OR THE WRITTEN COPY USED IN CONNECTION THEREWITH. PARTICIPANT RELEASES THE PROTECED PARTIES FROM ANY CLAIMS THAT MAY ARISE REGARDING THE USE OF PARTICIPANT’S STATEMENTS, VIDEOS, OR IMAGES.
- Authority. If Adult Participant signs this Agreement on behalf of his/her spouse, Child Participant, family member, friend, or other person, Adult Participant warrants to Urban Air that he/she has the actual and implied authority to do so.
- Acknowledgments. Participant represents to Urban Air that he/she is voluntarily entering into this Agreement and there are no oral agreements or representations that are not set forth herein. This Agreement may only be modified in writing. Participant agrees that this Agreement is intended to be as broad and inclusive as is permitted by applicable law and that if any portion hereof is held invalid, the balance shall continue in full force and effect. By signing below, Adult Participant authorizes Urban Air to communicate with him/her via email with updates, news, advertisements, and offers.
BY EXECUTING THIS AGREEMENT, I REPRESENT I HAD SUFFICIENT OPPORTUNITY TO HAVE READ, AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND AS SET FORTH HEREIN.