Waiver of Liability Agreement
I wish to participate in Bounce Inc.’s kids’ gym program (the “Program”). In order to be allowed to participate in the Program, I agree as follows.
1. Assumption of Risk: I acknowledge that BOUNCE INC. challenges its participants physically and mentally in its Program, which has the potential to lead to injury. I hereby voluntarily and knowingly assume such risk, and all of the other risks associated with participating in the Program, including, without limitation, the risk of death or personal injury.
2. Hold Harmless: In consideration of me or my minor child’s participation in the Program, I, on behalf of myself, my participating minor child, my heirs, executors, administrators, assigns, family members and personal representatives hereby waive, discharge, release, hold harmless and agree not to sue BOUNCE INC., and any or all of its owners, directors, officers, agents, shareholders, representatives and employees (“Releasees”), from or for any liability, claims or damages suffered by me by ordinary negligence or, to the extent legally permissible, gross negligence, recklessness, or otherwise, related to me or my minor child’s participation in the Program. I further agree that I will not prosecute or present any claim for personal injury, property damage or wrongful death against BOUNCE, INC. Moreover, I hereby agree that I shall be fully responsible and liable for all damages and injuries caused by me or my minor child, directly or indirectly, while participating in the Program.
3. Unsafe Conditions on Premises: I acknowledge and understand that the Program takes place on premises and in venues not owned or operated by BOUNCE, INC. and that there may be unsafe conditions on the premises or in the venue where the Program is conducted, including but not limited to inherently dangerous conditions associated with or arising from the proximity to natural dangers such as the ocean, beach, mountains, cliffs and hiking trails (which may include dangers associated with sealife, snakes or wildlife, and the risk of drowning); and the presence of swimming pools (whether gated or ungated), hot tubs, climbing equipment, sports equipment, trampolines, other children, and animals (“Dangerous Conditions”). I hereby voluntarily and knowingly assume any and all risks associated with the presence of such Dangerous Conditions and agree to release, hold harmless and not sue BOUNCE INC., and the Releasees from or for any liability, claims or damages arising out of or related to the presence of any and all such Dangerous Conditions, including these specific risks:
Slip and fall, drowning, hypothermia, dehydration, heat exhaustion, sunburns, burns, sprains, broken bones, overexertion, scrapes and abrasions, collision with other campers/participants, risks associated with ocean currents and tides, water-borne contaminants or illnesses, insect stings and bites, stings, scratches and bites from marine and land animals, allergic reactions, adverse responses to chemicals, injuries from use of tools and equipment.
4. Representations: I represent and warrant that I have been advised by BOUNCE INC. to obtain my licensed physician’s advice about whether me or my minor child’s participation in the Program is appropriate given me or my minor child’s current health status, that I have done so, and that my participation in the Program is appropriate. I represent and warrant that I understand that BOUNCE INC. cannot and shall not provide medical advice or assistance to me, and that I will not consider BOUNCE INC. as a substitute for my licensed physician or health care provider in terms of my health and health care.
5. General Provisions: This agreement shall be binding upon me, my participating minor child, my heirs, executors, administrators, assigns, family members and personal representatives. This agreement shall inure to the benefit of BOUNCE INC. and its successors and assigns. This agreement represents the entire agreement between me and BOUNCE INC. with respect to the subject matter hereof and supersedes all prior negotiations, drafts and understandings with respect thereto. This agreement may not be amended except by a writing signed by BOUNCE INC. I shall take such actions and execute such documents as may be reasonably necessary to effectuate the terms and conditions of this agreement. This agreement may be executed electronically or by fax.
