CUSTOMER RELEASE, ASSUMPTION OF RISK, WAIVER OF LIABILITY, INDEMNIFICATION, AND LICENSE AGREEMENT
This Customer Release, Assumption of Risk, Waver of Liability, Indemnification, and License Agreement (the “Agreement”) is entered into on the date this Agreement is executed by the Adult Participant as identified by signature below, and if any minor(s) is/are named below, the Adult Participant on behalf of and as parent or legal guardian for the Child Participant(s) as identified below in favor of Go-Go Gilbert Management, LLC, a Minnesota limited liability company and its Protected Parties as defined below (collectively, “Urban Air”). Collectively and severally, Adult Participant and Child Participant are referred to as the Participant. In consideration of Urban Air permitting Participant to enter the Premises and participate in the Activities, as defined below, including any of those Activities that may occur in, on, about, or near 10 Coon Rapids Boulevard, Coon Rapids, Minnesota 55448 (the “Premises”) or any other premises wherever located, Participant agrees as follows:
- NATURE OF THE ACTIVITIES. Urban Air is a trampoline and adventure park that offers clients the opportunity to participate actively or passively, in some or all of the following activities: general trampoline jumping; dodgeball; volleyball; tumbling; foam-pit jumping; aerobics; skydiving; ninja warrior course; battle beam; laser tag; soft play; ropes course; climbing wall; roller coaster/sky rider; exercising and other miscellaneous trampoline and adventure activities; use of any equipment or attractions; instruction; training; classes; observation; use of the locker room area; use of any portion of the Premises, including, but not limited to, the associated sidewalks and parking lots; and any competition, event, or program sponsored by or affiliated with the Protected Parties as defined here (collectively, “Activities”). These Activities can provide benefits including pleasure, improved physical fitness, increased energy, and other health and ancillary benefits. It is important that the Participants know that trampoline and adventure activities are active and vigorous and, consequently, involve some risks of injury that are inherent to the activity. Even though Urban Air: (a) has designed the facility with safety in mind; (b) provides instruction in some Activities; (c) provides general supervision of Activities; and (d) has developed rules and policies that focus on safety, it is impossible to eliminate all risk and possibility of injury.
- TYPES OF RISKS. By signing below, Participant acknowledges there are inherent risks in participating in the Activities, including, but not limitedto, cuts, bruises, muscle strain, twisted or sprained ankles, knees, shoulders, or wrists, burns, dirt or other materials in eye(s), concussions, broken bones, physical or emotional injuries, paralysis, death, disability, or other damage to Participant, property, or to third persons. Inherent risks might be divided into two types. First are those risks inherent in any trampoline jumping (g., landing wrong, over-exertion, unexpected failure of the trampoline surface or attachments). The second type of risks are those related to the type of Activity (e.g., when playing dodgeball: being injured by the ball or colliding with other participants; volleyball: being injured by the ball, colliding with another participant, or colliding with the standard supporting the net; tumbling: landing wrong, collisions, or using improper form or technique; and aerobics: over-exertion or muscle strains.) Other inherent risks in the Activities include erratic co-participant behavior, unexpected equipment failure, and error of judgment by staff members. Due to the nature of the Activities, there are more hazards and risks than can be enumerated here, and there are also unknown and unforeseeable hazards. By signing below, Participant acknowledges the inherent risks of the Activities and that no amount of care, caution, instruction, or expertise can eliminate the inherent dangers associated with the Activities.
- TYPES OF INJURIES. It is important that the Participants understand the three types of injuries that can occur when participating in the First is the minor injury. This type includes, but is not limited to, muscle strains and sprains, bruises, abrasions, and contusions. The second type of injury is the serious injury. Examples of serious injuries are broken bones, ligament and joint injuries, concussions, and eye injuries. The third type of injury is the catastrophic injury. Some examples of catastrophic injury are brain injury, paralysis, heart attack, and death. Participant on his/her own behalf and as the parent or legal guardian of the Child Participant(s), acknowledges that he/she is aware of and voluntary assumes all such risks.
- ASSUMPTION OF RISKS.
- Participant on his/her own behalf and as the parent or legal guardian of the Child Participant(s), warrants that Participant has read this Agreement in its entirety, acknowledges that the Activities contain inherent risks that vary with the Activity, understands the demands of the Activities relative to Participant’s physical condition and skill level, appreciates the types of injuries that may occur as a result of the Activities, and those injuries’ potential impact on our safety, well-being, and lifestyle, and asserts that participation is voluntary and that all Participants knowingly assume all risks inherent with the PARTICIPANT ACKNOWLEDGES THAT THE PROTECTED PARTIES (AS DEFINED BELOW) WILL NOT HAVE ANY RESPONSIBILITY FOR ANY INJURY TO PARTICIPANT OR PAY FOR ANY COST OR EXPENSES INCURRED BY PARTICIPANT IF PARTICIPANT IS INJURED.
- Participant agrees to exercise ordinary and reasonable care always, and to not consume alcohol to the extent that Participant’s judgment is impaired. Participant understands the potential risks associated with the consumption of alcohol and acknowledges that Participant does not have or is not aware of any medical condition(s) that would prevent Participant from consuming alcohol or would result in any injury or damage to Participant because of Participant’s consumption of alcohol. Participant assumes the risks associated with alcohol consumption and takes full responsibility for Participant’s own actions, safety, and welfare. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, ANY FEES PAID BY PARTICIPANT FOR ENTRY INTO THE PREMISES, OR ANY REPRESENTATIONS MADE BY ANY EMPLOYEES, IN ABSOLUTELY NO EVENT WILL PARTICIPANT PARTICIPATE IN ANY ACTIVITIES ONCE THE PARTICIPANT HAS CONSUMED ANY ALCOHOL.
- RELEASE OF CLAIMS. In full appreciation of the foregoing risks, and in consideration for the right to use, access, and enjoy the Premises andvoluntarily participate in the Activities, TO THE FULLEST EXTENT PERMITTED BY LAW, PARTICIPANT (AND ON BEHALF OF ANY CHILD PARTICIPANT) AND THEIR HEIRS, EXECUTORS, AND REPRESENTATIVES RELEASES AND AGREES NOT TO SUE URBAN AIR, UATP MANAGEMENT, LLC, UATP IP, LLC, URBAN AIR’S LANDLORD (“LANDLORD”), LANDLORD’S MORTGAGEES AND MANAGEMENT COMPANY OF THE PREMISES, AND ANY OF THEIR AFFILIATES OR SUBSIDIARIES, RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, AGENTS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, HEIRS, ASSIGNS, VOLUNTEERS, INDEPENDENT CONTRACTORS, EQUIPMENT PROVIDERS, AND INSURERS OF ALL OF THEM (COLLECTIVELY, THE “PROTECTED PARTIES”) FROM AND AGAINST ALL LIABILITIES, LOSSES, DAMAGES, CLAIMS, DEMANDS, ACTIONS, SUITS, CAUSES OF ACTION, COSTS, FEES, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT OR OTHER COSTS) RELATING TO, RESULTING FROM, OR ARISING OUT OF OR ALLEGED TO HAVE ARISEN OUT OF (IN WHOLE OR IN PART) ANY BODILY INJURY TO, DISABILITY, OR DEATH OF PARTICIPANT OR DAMAGE TO OR LOSS OF PARTICIPANT'S PROPERTY: (A) THAT MAY ARISE IN CONNECTION WITH PARTICIPANT’S USE OF THE PREMISES OR DURING OR RELATING TO PARTICIPANT'S PARTICIPATION, WHETHER ACTIVELY OR PASSIVELY, IN THE ACTIVITIES; (B) OCCURRING IN OR ABOUT THE PREMISES (INCLUDING THE PREMISES) WHERE ANY OF THE ACTIVITIES ARE TAKING PLACE, CONDUCTED, OR PERFORMED BY PARTICIPANT OR ANYONE ELSE, OR IN TRANSPORTATION TO AND FROM ANY OF THE ACTIVITIES; (C) RESULTING FROM DAMAGE TO, LOSS OF, OR THEFT OF PERSONAL PROPERTY OF PARTICIPANT AND DUE TO THE NEGLIGENCE OF THE PROTECTED PARTIES; OR (D) RESULTING FROM THE CONSUMPTION OF ALCOHOL AT THE PREMISES BY PARTICIPANT OR ANY OTHER INVITEE OF URBAN AIR. THE RELEASE CONTAINED IN THIS PARAGRAPH, INCLUDING ALL SUBPARTS, WILL APPLY EVEN IF ANY SUCH INJURY OR DAMAGE IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR STRICT LIABILITY OF THE PROTECTED PARTIES OR PARTICIPANT.
- INDEMNITY. ADULT PARTICIPANT, ON BEHALF OF HIMSELF AND HIS HEIRS, ASSIGNS, EXECUTORS AND REPRESENTATIVES AGREES TO INDEMNIFY, DEFEND, RELEASE, AND HOLD HARMLESS THE PROTECTED PARTIES FROM AND AGAINST ALL CLAIMS, CAUSES OF ACTION, SUITS, LOSSES, LIABILITIES, DAMAGES, FINES, PENALTIES, LIENS, JUDGMENTS, SETTLEMENTS, PROCEEDINGS, COSTS, FEES, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT OR OTHER COSTS) OF ANY NATURE WHATSOEVER FOR OR RELATING TO INJURY, DEATH, AND DISABILITY, BODILY INJURY, OR PROPERTY DAMAGE IN ANY WAY RESULTING FROM, RELATING TO, OR CAUSED BY (WHETHER IN WHOLE OR IN PART) ANY OF THE FOLLOWING MATTERS (WHICH NECESSARILY INCLUDE ALL CLAIMS THAT DO OR MAY BELONG TO THE CHILD PARTICIPANT(S)): (A) PARTICIPANT'S ACTS, OMISSIONS, OR PRESENCE ON OR ABOUT ANY PART OF THE PREMISES OR OTHER PREMISES WHERE ACTIVITIES ARE TAKING PLACE, CONDUCTED, OR PERFORMED BY PARTICIPANT OR ANYONE ELSE; (B) PARTICIPANT'S ACTIVE OR PASSIVE PARTICIPATION IN, OR OBSERVANCE OF, ANY OF THE ACTIVITIES; (C) ANY CLAIMS ARISING OUT OF THE NEGLIGENT ACTS OR OMISSIONS OF THE PROTECTED PARTIES, PARTICIPANT, OR ANY GUEST OR INVITEE OF THE PROTECTED PARTIES, PARTICIPANT, OR ANY OTHER PERSON PARTICIPATING IN ACTIVITIES ON THE PREMISES; (D) PARTICIPANT'S USE OF ANY FIXTURES, EQUIPMENT, OR PERSONAL PROPERTY IN, ON, OR ABOUT PREMISES OR OTHER PREMISES WHERE ACTIVITIES ARE TAKING PLACE, CONDUCTED, OR PERFORMED BY PARTICIPANT OR ANYONE ELSE; OR (E) PARTICIPANT’S CONSUMPTION OF ALCOHOL AT THE PREMISES. THE INDEMNITY CONTAINED IN THIS PARAGRAPH, INCLUDING ALL SUBPARTS, WILL APPLY EVEN IF ANY SUCH INJURY, LOSS, DISABILITY, DEATH, OR DAMAGE IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR STRICT LIABILITY OF THE PROTECTED PARTIES OR PARTICIPANT, BUT WILL NOT APPLY TO THE EXTENT ANY SUCH INJURY OR DAMAGE IS CAUSED BY THE WILLFUL MISCONDUCT OF THE PROTECTED PARTIES.
- DISPUTE RESOLUTION.
- Any dispute or claim arising out of or relating to this Agreement, breach thereof, the Premises, Activities, property damage (real orpersonal), personal injury (including death), or the scope, arbitrability, or validity of this Agreement (each, a “Dispute”) will be brought by the parties in their individual capacity and not as a plaintiff or class member in any purported class or representative capacity. This Agreement will be governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in the State of Minnesota in any legal suit, action, or proceeding arising out of or based on this Agreement, a Dispute, or the Activities. If either party files suit in violation of this paragraph (except to toll the statute of limitations), the party will reimburse the other for their costs and expenses, including attorneys’ fees, incurred in seeking abatement of the suit and enforcement of this
- WAIVER OF JURY TRIAL. TO THE FULLEST EXTENT PERMITTED BY LAW, ADULT PARTICIPANT ON BEHALF OF HIM/HERSELF AND THECHILD PARTICIPANT AND URBAN AIR KNOWINGLY AND VOLUNTARILY, WITH FULL AWARENESS OF THE LEGAL CONSEQUENCES, after consulting with counsel (or after having waived the opportunity to consult with counsel) AGREE TO WAIVE THEIR RIGHT TO A JURY TRIAL OF ANY THE RIGHT TO A TRIAL BY JURY IS A RIGHT PARTIES WOULD OR MIGHT OTHERWISE HAVE HAD UNDER THE CONSTITUTIONS OF THE UNITED STATES OF AMERICA AND THE STATE OF MINNESOTA.
- ACKNOWLEDGMENTS BY PARTICIPANT. Participant acknowledges on behalf of him/herself and the Child Participant(s) that Participant would notbe granted access to the Premises or the ability to participate in the Activities but for these acknowledgments:
- Child Participant(s) and Adult Participant possess a sufficient level of skill and physical fitness for safe participation in the Activities. Participant also agrees to attempt only activities that Participant feels he can perform safely. Further, Participant agrees to stay in areas that will not place Participant in undue danger.
- Neither Adult Participant nor the Child Participant(s) has any health problems that would not allow Participant to participate in the Activities.
- Participant has either received medical clearance from his/her physician before participation in the Activities or has determined that clearance is not necessary for his/her safe participation in the Activities.
- Urban Air may (but will not be obligated or required to) administer to Participant emergency aid, CPR, and use an AED (defibrillator) when deemed necessary by Urban Air.
- Urban Air may (but will not be obligated or required to) secure emergency medical care or transportation (e., EMS) when deemed necessary by Urban Air and Participant will assume all costs of emergency medical care and transportation.
- It is Participant’s duty to inform Urban Air and cease participation in the Activities if Participant should feel any unusual discomfort (g., faintness, shortness of breath, high anxiety, chest pains).
- Urban Air may (but will not be obligated or required to) terminate Participant’s participation when it determines Participant is incapable of safely participating in the Activities.
- Participant agrees to obey all safety rules while participating in the Activities and alert the staff of any rules violations or dangerous behavior.
- AUTHORITY. As the parent or legal guardian of the Child Participant(s), the undersigned represents to the Protected Parties that s/he has legalcapacity and authority to act for and on behalf of the Child Participant(s), and agrees to INDEMNIFY AND DEFEND THE PROTECTED PARTIES FROM AND AGAINST ALL CLAIMS OR LIABILITIES RESULTING FROM OR RELATING TO ANY INSUFFICIENCY OF THE UNDERSIGNED'S LEGAL CAPACITY OR AUTHORITY TO ACT FOR OR ON BEHALF OF THE CHILD PARTICIPANT(S) IN THE EXECUTION OF THIS AGREEMENT.
- MISCELLANEOUS TERMS. Capitalized terms will have the meaning set forth herein. This Agreement constitutes the entire agreement between the Protected Parties and the Participant, supersedes any and all previous oral or written promises or agreements, and may only be modified in writing. The Participant further expressly agrees that this Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Minnesota and that if any portion thereof is held invalid, it is agreed that the balance will, notwithstanding, continue in full legal force and effect. By signing below, Participant authorizes Urban Air to communicate with Participant via email with updates, news, advertisements, and offers. Wherever any words are used herein in the masculine or feminine gender, they will be construed as though they were also used in another gender in all cases where they would so
- ACKNOWLEDGMENT & UNDERSTANDING. Participant represents to the Protected Parties that Participant thoroughly understands this is a complete and final release and indemnity agreement, that Participant is voluntarily entering into this Agreement, and no representations, promises, or statements made by any of the Protected Parties has influenced Participant in signing this Agreement. Participant agrees that there are no oral agreements, representations, promises, or warranties that are not expressly set forth herein and that Participant is not relying on any statements or representations of the Protected Parties that are not expressly contained herein. Participant acknowledges that Participant has read this Agreement in its entirety, fully understands its terms, and understands that s/he is giving up substantial rights herein, including his/her right to sue. Participant acknowledges that Participant is signing this Agreement freely and voluntarily, and intends by Participant’s signature, to completely and unconditionally release the Protected Parties from all liability due to ordinary negligence and the inherent risks of the Activities to the greatest extent permitted by the laws of the State of Minnesota.
- LICENSE. For good and valuable consideration the receipt of which is hereby acknowledged, Adult Participant on behalf of him/herself and theChild Participant irrevocably grants Urban Air, UATP Management, LLC, and all franchisees, affiliates, and corporate stores of UATP Management, LLC (collectively and severally, the “Company”) and Company's assigns, licensees, and successors the right to use all or a portion of my image (including real and personal property owned by me) and name in all forms and media including composite or modified representations for all purposes, including advertising, trade, or any commercial purpose throughout the world and in ADULT PARTICIPANT ON BEHALF OF HIM/HERSELF AND THE CHILD PARTICIPANT WAIVES THE RIGHT TO INSPECT OR APPROVE VERSIONS OF IMAGES USED FOR PUBLICATION OR THE WRITTEN COPY THAT MAY USED IN CONNECTION WITH THE IMAGES. ADULT PARTICIPANT ON BEHALF OF HIM/HERSELF AND THE CHILD PARTICIPANT RELEASE COMPANY AND COMPANY'S ASSIGNS, LICENSEES, AND SUCCESSORS FROM ANY CLAIMS THAT MAY ARISE ABOUT THE USE OF PARTICIPANT’S STATEMENTS OR IMAGES INCLUDING ANY CLAIMS OF DEFAMATION, INVASION OF PRIVACY, OR INFRINGEMENT OF MORAL RIGHTS, RIGHTS OF PUBLICITY, OR COPYRIGHT. Company is permitted, although not obligated, to include my name as a credit in connection with the image. Company is not obligated to utilize any of the rights granted in this Agreement.
IF I AM SIGNING THIS DOCUMENT ON BEHALF OF MY SPOUSE, CHILD, FAMILY MEMBER, FRIEND, MINOR CHILD, OR OTHER PERSON, I EXPRESSLY WARRANT AND REPRESENT TO URBAN AIR THAT I HAVE SUCH PERSON’S ACTUAL AND IMPLIED AUTHORITY TO EXECUTE THIS AGREEMENT ON THEIR BEHALF, INCLUDING, BUT NOT LIMITED TO, THE ARBITRATION CLAUSE, WAIVER AND RELEASE, AND INDEMNITY AGREEMENT.
I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS AGREEMENT. I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AGREE TO BE BOUND BY ITS TERMS.