Waiver Release of Liability, Assumption of Risk, and Indemnity Agreement
The activities at Kidlavie Family Park and Restaurant (DBA Kidlavie) include, but are not limited to, trampoline bouncing, trampoline dodgeball, trampoline classes/instruction, bounce house, slide rides, zip-line, immersive playground, san pit, arcade and a restaurant. These activities provide an opportunity for fun; improved physical fitness; vigorous, healthful exercise; exciting group competition; improved agility and balance; wholesome recreation; and other benefits. Trampolining is an activity which involves certain risks. The activity and exertion level can range from moderate to very vigorous depending upon your desire. The activity is suitable for those with trampoline experience as well as those with absolutely no experience who use sufficient caution. Bouncing activities are the heart of the Kidlavie and can range from basic bounces to more challenging maneuvers; from moderate exercise to very vigorous and challenging exercise. Tube slides and rides involves vigorous competition as competitive teams throw foam balls at each other both in casual games and in league competition.
Kidlavie Family Park and Restautant regards your safety and the safety of others as a top However, regardless of the care taken to avoid injuries or responding to health or medical issues, some risks are inherent in the activity and cannot be totally eliminated. These inherent risks include, but are not limited to, falls, collisions with other participants (hereafter referred to as “CO-PARTICIPANTS”), contacting a hard surface (e.g., an uncovered beam, frame, or rail; exposed springs or hooks), landing incorrectly, double bouncing (two on the same trampoline), weight differences between you and CO-PARTICIPANTS, catching a foot or other body part under a pad, strikes by dodgeballs or other equipment, and slipping or tripping in the facility. Inherent risks also include unexpected equipment failure; unknown facility hazards; careless behavior by you or CO-PARTICIPANTS; errors in judgment by a Kidlavie Family Park and Restaurant employee; and injuries caused by negligence on the part of Kidlavie Family Park and Restaurant, its employees, you or CO-PARTICIPANTS.
Assumption of Inherent Risks
I understand that the inherent risks of Kidlavie Family Park and Restaurant activities are serious and that some of these activities involve risks regardless of the care taken by Kidlavie. I realize that Kidlavie Family Park and Restaurant activities require some degree of skill, coordination, and physical fitness. I have read the previous paragraphs and:
1. I fully know the nature of the Kidlavie Family Park and Restaurant;
2. I understand the demands of those activities relative to my physical condition, abilities, limitations and skill level; and
3. I fully appreciate the types of injuries that may occur as a result of such activities.
I HEREBY ASSERT THAT MY, AND, IF APPLICABLE, MY CHILD’S OR WARD’S, PARTICIPATION AT Kidlavie Alabama LLC and Kidlavie Management LLC IS VOLUNTARY AND THAT I KNOWINGLY ASSUME ALL INHERENT RISKS OF THE ACTIVITY ON BEHALF OF MYSELF AND, IF APPLICABLE, MY CHILD OR WARD.
Release of Liability for Ordinary Negligence of Kidlavie Family Park and Restaurant
In consideration of permission to use the property, facilities, equipment, and services of Kidlavie Family Park and Restaurant, today and on all future dates, I (on behalf of myself, my child or ward, my spouse, heirs, personal representatives, my estate, my parents and assigns referred to hereafter as “RELEASING PARTIES”) do hereby waive, release, discharge and covenant not to sue Kidlavie Alabama LLC, the United States of America, and Kidlavie Management LLC, and their respective owners, directors, officers, employees, volunteers, independent contractors, agents, affiliates, successors, assigns, and equipment suppliers — referred to hereafter as “PROTECTED PARTIES”) from liability from any and all claims, lawsuits, or causes of action, arising from the use of the Kidlavie Family Park and Restaurant facilities including any injury or death resulting from the ordinary negligence of the PROTECTED PARTIES. The scope of this release is intended to be one that is given the fullest effect under the law, and encompasses any claims for ordinary negligence, including, but not limited to medical treatment provided, and/or not provided in the event of an incident at the facility (whether due to the participation in the activities or otherwise).
This agreement applies to:
1. Personal injury (including death) from incidents or illnesses arising from participation in Kidlavie Family Park and Restaurant activities (including, but not limited to: recreational, practice, or competitive activity; events; organized or individual training and conditioning activities; tests, classes, and instruction; individual use of facilities, equipment, shower/locker room areas, and all premises including the cafe, restaurant, workshop and play kitchen, party rooms elevator, stairs, associated sidewalks and parking lots);
2. Any and all claims resulting from the damage to, loss of, or theft of property; and
3. Consequential and other damages, such as but not limited to your inability to work, resulting from any injury or loss.
Indemnification
I, on behalf of myself and, if applicable, my child or ward, also agree to hold harmless, defend, and indemnify Kidlavie Family Park and Restaurant (that is, defend and pay any judgment and costs, including investigation costs, attorneys’ fees, experts’ fees and related expenses) from any and all claims brought by the RELEASING PARTIES arising from my and, if applicable, my child’s or ward’s, death, injury, or loss due to involvement in Kidlavie Family Park and Restaurant activities (including those arising from the inherent risks of the activity and/or the ordinary negligence of PROTECTED PARTIES.)
I, on behalf of myself and, if applicable, my child or ward, further agree to hold harmless, defend, and indemnify Kidlavie Family Park and Restaurant and PROTECTED PARTIES (that is, defend and pay any judgment and costs, including investigation costs, attorneys’ fees, experts’ fees and related expenses) against any and all claims of CO-PARTICIPANTS, rescuers, and others arising from my and, if applicable, my child’s or ward’s, conduct in the course of using the Kidlavie Family Park and Restaurant facilities.
Clarifying Clauses
1. I, on behalf of myself and, if applicable, my child or ward, confirm that this agreement supersedes any and all previous oral or written promises or agreements. I understand that this is the entire agreement between me and, if applicable, my child or ward, and Kidlavie Family Park and Restaurant and cannot be modified or changed in any way by representations or statements by any agent or employee of Kidlavie Family Park and Restaurant.
2. I, on behalf of myself and, if applicable, my child or ward, further expressly agree that the foregoing Assumption of Risk, Waiver of Liability, and Indemnification Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Alabama and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
3. I, on behalf of myself and, if applicable, my child or ward, agree that if any dispute shall arise from this Agreement or from my or my child’s or ward’s use of the Kidlavie Family Park and Restaurant facilities, I and, if applicable, my child or ward, shall first engage in good faith efforts to mediate the dispute. Any agreement reached will be formalized by a written contractual agreement at that time. Should the issue not be resolved by mediation, I, on behalf of myself and, if applicable, my child or ward, agree that all disputes, controversies, or claims arising out of this Agreement or use of the Kidlavie Family Park and Restaurant facilities shall be submitted to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect. The arbitrator shall have no power to make any errors of law or of legal reasoning.
4. I, on behalf of myself and, if applicable, my child or ward, also understand that if legal action is brought, the appropriate trial court for the City of Mobile in the State of Alabama has the sole and exclusive jurisdiction and that only the substantive laws of the State of Alabama shall apply.
5. I acknowledge that PROTECTED PARTIES are providing recreational services, and not selling or leasing a product. By payment of any fee to such parties, I, and/or the minor(s) listed below, obtain a non-exclusive license to use the offerings at the facility. As such, PROTECTED PARTIES cannot be held liable under any products/strict liability claim.
Acknowledgements to Promote Safety at Kidlavie Family Park and Restaurant
These acknowledgements aid Kidlavie Family Park and Restaurant in providing for your safety.
Health Status
I, on behalf of myself and, if applicable, my child or ward, assert that:
Emergency Care
I, on behalf of myself and, if applicable, my child or ward, assert that:
Rules and Safety
I, on behalf of myself and, if applicable, my child or ward, agree:
Likeness Release
I grant Stratosphere Adventure Park permission to use my, and the Minor Child’s, likeness in its publications, websites, marketing and other materials without payment, and without any prior approval of any and all publications, websites, marketing and other materials that contain my and/or the Minor Child’s likeness.
Acknowledgment of Understanding
I understand that I am giving up substantial legal rights, including my rights, the rights of my child or ward, if applicable, and the rights of any RELEASING PARTY to sue for damages in the event of death, injury or loss. I further acknowledge that I, on behalf of myself and, if applicable, my child or ward, am signing the agreement freely and voluntarily, and intend my signature to be a complete and unconditional release of all liability, including that due to inherent risks of the activity or ordinary negligenceby the PROTECTED PARTIES, to the greatest extent allowed by law of the State of Alabama.
