BACKYARD CARNIVALS WAIVER
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Backyard Carnivals LLC. Waiver
I have voluntarily elected to use, and if applicable to allow the child or children identified below and all minor children under my supervisor and referred to individually and collectively herein as “child” to use Backyard Carnivals LLC. Equipment located in Killeen TX. In consideration for being allowed to use the equipment and any other services provided by Backyard Carnivals LLC., or its employees at the said location or any other location within the state of Texas. I represent acknowledge and 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 Backyard Carnivals LLC. And their representative and collective agents, owners, managers, shareholders, affiliates, volunteers and participants, employees, or all other persons or entities acting in any capacity on their respective or collective behalf. (collectively Backyard Carnivals LLC.)
RELEASE OF POTENTIAL INJURIES
I acknowledge and agree that the use of bounce houses and other equipment at Backyard Carnivals LLC. And that participating in bounce houses and waterslides and other activities is inherently and obviously dangerous. These risks included serious physical or emotional injury, paralysis, death, damage to myself, the child, and or third parties. And damage to the personal property of any and all such persons. I understand that such risk simply cannot be illuminated without jeopardizing the essential qualities of the activity. Which I further agree is for recreational purposes and completely voluntary. I acknowledge and agree that the bounce house and waterslides and other activities that take place with Backyard Carnivals LLC.
VOLUNTARY ASSUMPTION OF RISK
I represent that I and the child are in good health and in proper physical condition to participate in the bounce houses and other activities at Backyard Carnivals LLC. I acknowledge and agree that I and the child are participating at our own voluntary risk. I acknowledge and agree that all the actions and activities of other customers or actions or interactions could cause me or the child significant bodily injury as is described in the agreement and Backyard Carnivals is not responsible for the actions or activities of customers using Backyard Carnivals LLC. Equipment. Backyard Carnivals LLC. Is not responsible for 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 the use of Backyard Carnival LLC equipment, and Backyard Carnival LLC activities. 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 bounce houses or other equipment, landing improperly on the bounce houses or other equipment, or making contact with other participants. As noted in paragraph a) 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 bounce house, flipping, running, and bouncing off of the walls, and other participant body movements (whether planned or unplanned) can create a rebound effect and lead to unpredictable body movements and anticipated or unanticipated bodily contact, any or all of which can lead to serious injury. ● Traveling to and from bounce houses can result in similar physical injury (even if the participant is not himself or herself bouncing at the time). ● Observing, standing, sitting, or taking photographs at or near any bounce house or activity can result in similar physical injury (even if the observer is not himself or herself participating at the time).
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 the Child possess, whether known or unknown, which might contribute to or exacerbate any injury I or the Child might sustain as a result of using Backyard Carnival LLC or any of its equipment. 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 Backyard Carnival LLC, such assistance shall be at my own expense.
RELEASE OF LIABILITY
The Releasing Parties hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue Backyard Carnival LLC, and their successors, predecessors-in-interest, and insurers (collectively, the“Releasees") 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 the Child’s access to and/or use of Backyard Carnival LLC, premises and/or its equipment (whether bounce houses or otherwise), the Child’s and/or my entry into the Backyard Carnival LLC equipment, the condition, maintenance, inspection, supervision, control or security of Backyard Carnival LLC, the failure to warn of dangerous conditions in connection with Backyard Carnival LLC, and/or the acts or omissions of Backyard Carnival LLC or any of the Releasees, including, without limitation, any claim for negligence, failure to warn or other omission, property damage, personal injury, emotional injury, illness, bodily harm, paralysis or death. I understand that this release and waiver applies not only to the use of the trampolines, but also all other equipment, and all activities and games at Backyard Carnival LLC. I understand that this release and waiver applies to and includes all activities that I or my Child engage in at the premises, whether inside or outside Backyard Carnival LLC. 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 Releasees, 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 the use of Backyard Carnival LLC and its equipment are beyond the control of the Releasees. I agree and acknowledge that should Backyard Carnival LLC or any other Releasee 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 Backyard Carnival LLC and any other Releasee or them harmless for and against all such attorneys’ fees and/or costs.
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 my child(ren)/ward(s) visit Backyard Carnival LLC, whether at the current location or any other location or facility.
SAFETY IS YOUR RESPONSIBILITY: I AND EACH CHILD AGREE TO FOLLOW THE CODE OF PATRON RESPONSIBILITY:
a) You acknowledge that there are inherent risks in the participation in or on any bounce house and that such risks include not only the use of bounce houses but other activities and equipment. Patrons of a who use bounce houses, and those who engage in any other activities or use any other equipment, by participation, accept the risks inherent in such participation of which the ordinary prudent person is or should be aware. Patrons have a duty to exercise good judgment and act in a responsible manner while using the bounce houses and other equipment, and while engaging in such activities. Patrons have a duty to obey all oral or written warnings, or both, prior to or during participation, or both. b) You have a duty to not participate in any activity on any bounce house, or engage in any other activity or use any other equipment, when under the influence of drugs or alcohol. c) You have a duty to properly use all safety equipment provided, whether for the bounce houses or otherwise. d) You have a duty to not participate in any activity on any bounce house, or engage in other activities or use other equipment, 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 the spine, musculoskeletal or head injuries, or if you may be pregnant. e) You have a duty to remove inappropriate attire including hard, sharp, or dangerous objects such as buckles, pens, purses, badges, and so forth. f) You have a duty to avoid bodily contact with other patrons. g) You have a duty to conform with or meet height, weight, or age restrictions imposed by the manufacturer or owner to use or participate in any bounce house activity, whether involving the use of bounce houses, or otherwise. h) You have a duty to avoid crowding or overloading individual sections of the bounce house, or other equipment. i) You have a duty to use the bounce house, and other equipment, within your own limitations, training, and acquired skills. j) You have a duty to avoid landing on the head or neck. Serious injuries, paralysis, or death can occur when landing on the bounce house bed, or elsewhere, whether involving the bounce house, other equipment, or otherwise. k) You also agree to follow and obey all posted and stated warnings and patron education signs. l) You agree to explain all safety rules to each child you accompany, and to ensure that each child obeys the safety rules.
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 Backyard Carnival LLC, including the owners, do not have the authority to waive any provision of this Agreement. This Agreement constitutes and contains the entire agreement between Backyard Carnival LLC and me relating to the Child’s and my use of Backyard Carnival LLC. There are no other agreements, oral, written, or implied, with respect to such matters. I further agree that this Release shall be construed in accordance with the laws of the State of Texas. If any term or provision of this Release shall be held illegal, unenforceable, or in conflict with any law governing this Release the validity of the remaining portions shall not be affected thereby. By signing below, I represent and warrant that I am the parent, legal guardian, or power-of-attorney of the above-listed Child(ren) and 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 Releasees from any and all claims which are brought by or on behalf of this or these minor Child or Children, or any of them, which are in any way connected with, arise out of or result from their use of Backyard Carnival LLC. I am 18 years of age or older. I am entering this agreement on behalf of myself, my spouse or domestic partner, the 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”).