PARTICIPANT WAIVER AND AGREEMENT TO ASSUME RISK, RELEASE, AND ARBITRATION AGREEMENT
Each participant must complete this Agreement, and a parent or legal guardian must complete this Agreement for all participants under the age of 18.
Please take your time and read this Agreement very carefully. When you are certain that you understand and agree to each paragraph, sign your initials or marks in the space provided.
“YOU”, “I”, “ME” OR “MYSELF”, AS USED HEREIN, INCLUDES THE PARTICIPANT AS WELL AS HIS OR HER HEIRS, EXECUTORS, DEPENDENTS, MINOR CHILDREN, BENEFICIARIES, AND ASSIGNES, INCLUDING BUT NOT LIMITED TO SPOUSES AND DOMESTIC PARTNERS. BY SIGNING THIS AGREEMENT, YOU ARE SIGNING ON BEHALF OF THE ABOVE-LISTED PERSONS AND YOUR SIGNATURE SHALL BE CONSIDERED BINDING UPON THEM.
YOU WILL NOT BE ALLOWED TO PARTICIPATE IN ANY ACTIVITIES WITHOUT THE SIGNED WAIVER.
In consideration of being permitted to be present at, attend, observe, and participate in activities at the facilities of, or provided by, Flight Adventure Park, located at 7200 Fullerton Road, Springfield, Virginia 22150 (the “Activities”), I hereby acknowledge and understand:
1. My participation in the Activities involves known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand and agree that such risks cannot be completely eliminated without compromising or jeopardizing the essential quality of the Activities. These risks include, without limitation:
- cuts and bruises;
- falling off or into equipment;
- muscle, joint or ligament strains and sprains;
- broken bones, including wrists, ankles, arms or legs;
- participants of different ages, sizes, or weights falling on or colliding with each other, resulting in broken bones or other serious physical injuries;
- double-bouncing” (defined as more than one person using the same trampoline bed at the same time), which may create a rebound effect that could cause serious injury;
- flipping, running, or bouncing off walls, equipment, structures, or the trampolines, which can cause serious injury; and/or
- risks of physical injury inherent in performing flips or other acrobatic maneuvers, which can result in serious physical injury.
2. I recognize, understand, and agree that Flight Adventure Park and its employees and representatives seek to create a safe and fun environment for observers and participants of the Activities, but they are not infallible and are not insurers of the safety of participants and observers, including myself. Despite undertaking reasonable efforts, Flight Adventure Park and its employees or representatives may be unaware of the overall health, specific physical or emotional conditions, or jumping abilities of myself or any other participant or observer.
3. Because the use of trampolines and other equipment and participation in the Activities is inherently and obviously dangerous and such dangers cannot be entirely removed or eliminated without compromising or jeopardizing the essential qualities of the Activities, which I acknowledge and agree are purely recreational, I further acknowledge, understand, and agree that, as noted above, the risks of participation in the Activities include, without limitation: serious physical and emotional injury; paralysis; death; injury or damage to myself or my personal property; injury or damage to third parties or their personal property; or injury or damage to Flight Adventure Park property, as well as other known and unknown risks. I acknowledge, understand, and agree that I am voluntarily participating in the Activities at my own risk. While the Activities (including, but not limited to: access to and use the facilities, trampoline courts, trampoline dodge ball, trampoline basketball, aerial training, punching bags, fitness classes, foam pits, airbags, climbing structures and equipment, warrior courses, zip lines, obstacle courses, trapeze, battle beam, slack lines, fidget ladder, warped wall, fireman’s pole, soft play structures, laser maze, ball pit, interactive inflatables, slides, launch slide, evacuation slide, bail out jump, rocket climb, amusement rides, amusement devices, turbulence, turbo prop, inflata-park, rocket garden, inflatable slide, planet jump, multi-ball, sports courts, parkour course, astronaut interactive display, construction, remodeling, floor games, parking lots, reception area, elevated platforms, jump boxes, walkways, stairs/ramps, party rooms, restrooms, the arcade and snack bars) that take place at Flight Adventure Park are generally and reasonably monitored by Flight Adventure Park employees or representatives, I acknowledge, understand, and agree that it is unreasonable to expect such employees or representatives to monitor the activities and actions of all customers, patrons, participants, or observers at all times.
4. Further, I acknowledge, understand, and agree that the equipment could suffer from known or unknown defects, and I voluntarily assume any such risk when using the equipment. I acknowledge, understand, and agree that the equipment used in the Activities may break, fail, or malfunction despite reasonable maintenance and use. Some of the equipment used in the Activities may inflict injuries even when used as intended. Persons using the equipment may lose control of it and cause injury to themselves and others. I understand that such risks simply cannot be completely eliminated without compromising or jeopardizing the essential characteristics of the Activities.
5. By signing this Agreement, I take full responsibility for my actions and health. I acknowledge, understand, and agree that the actions or activities of other customers, patrons, participants, or observers could cause me to experience significant bodily injury (as described generally above), and that Flight Adventure Park is not responsible for the actions or activities of such persons.
6. To the fullest extent permitted by law, I hereby forever, irrevocably, and unconditionally release, waive, relinquish, discharge from liability, covenant not to sue, and hold harmless Flight Adventure Park, its parent companies, its affiliates, predecessors, and successors, agents, owners, operators, directors, administrators, sponsors, officers, managers, members, shareholders, volunteers, participants, employees, staff, insurers, coaches, officials, instructors, trainers, clubs, third party administrators, claims adjusters, sponsors, manufacturers, contractors, inspectors, trade associations, sanctioning bodies, landlords, lessors of premises, lenders and all other persons or entities acting in any capacity on their respective or collective behalf or claiming by or through them, from any and all claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, attorney fees, damages, judgments and liabilities of whatever kind or nature, in law, equity or otherwise, whether now known or known, suspected or unsuspected, and whether or not concealed or hidden, relating to, arising from, or connected with my access to and use of Flight Adventure Park, its premises or equipment; the condition, maintenance, supervision, inspection, control, or security of the premises or equipment; or the failure to warn of dangerous conditions in connection with the premises, the equipment, or the Activities. I acknowledge, understand, and agree that this Release and Waiver applies to the use of the trampolines and equipment, attractions, games, actions of other participants or observers, and the Activities. I further acknowledge, understand, and agree that this Release and Waiver applies to all Activities that I engage or participate in at or on the premises of Flight Adventure Park. I expressly acknowledge, understand, and agree that this Release and Waiver is intended to be as broad and inclusive as permitted by the laws of the Commonwealth of Virginia.
7. I agree to defend, indemnify, and hold harmless Flight Adventure Park of and from all liability and claims, including attorney fees, whether arising in whole or in part from my participation in the Activities, from any misrepresentations by me in connection with this Agreement, or from the fraudulent execution of this Agreement.
8. I acknowledge, understand, accept, and assume the risk of any and all medical conditions, limitations, or disabilities (whether temporary or permanent) that I possess, whether known or unknown, that could contribute to or exacerbate any injury that I may suffer as a result of participating in the Activities or using the equipment. If medical assistance of any kind (including emergency care, hospitalization, out-patient care, counseling or physical/occupational therapy) is required or performed as a result of any injury I suffer while at Flight Adventure Park, such assistance shall be at my own expense, and I warrant and represent that I have sufficient insurance coverage to pay for such assistance.
9. I understand and agree to immediately report all injuries to the management of this facility so all relevant videos of the incident can be stored for future retrieval. In the absence of the immediate report, I acknowledge that Flight Adventure Park may be prejudiced and disadvantaged should I file any claim for arbitration. As such, if I fail to immediately report the incident, I waive all rights to claim any loss or injury.
10. I agree to arbitrate any and all disputes that arise relating to my participation or observation of the Activities, use of equipment, or attendance at Flight Adventure Park, including any disputes regarding the enforceability of this Agreement or this arbitration provision. I understand that, by agreeing to arbitrate any dispute as set forth in this paragraph, I am waiving my right to maintain a lawsuit in a court of law against Flight Adventure Park for all claims covered by this Agreement. By agreeing to arbitrate, I understand that I will not have the right to have my claim(s) determined by a jury. Reciprocally, Flight Adventure Park waives its right to maintain a lawsuit against me for any claims covered by this Agreement, and it will not have the right to have its claim(s) or defense(s) determined by a jury. Any dispute, claim, or controversy arising out of or relating to the matters covered by this Agreement, including the determination of the scope or applicability of this arbitration term, shall be brought within ONE YEAR of its accrual (i.e., from the date of the alleged injury) and be determined by arbitration in Fairfax County, Virginia before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Rule 16.1 Expedited Arbitration Rules and Procedures. If no JAMS office is located within 100 miles of Flight Adventure Park, I agree to work collaboratively with Flight Adventure Park to select and utilize a similar and mutually agreed arbitration provider (i.e., McCammon Group, American Arbitration Association, Juridical Solutions). Judgment on any arbitration award entered pursuant to this paragraph may be entered by any court having jurisdiction. This paragraph shall not preclude the parties from seeking provision remedies in aid of arbitration from a court of competent jurisdiction. This agreement to arbitrate shall be governed by and construed and interpreted in accordance with the laws of the Commonwealth of Virginia, except that any arbitration conducted pursuant to this paragraph shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). I understand and agree that the JAMS Arbitration Rules are available online for my review at jamsadr.com, and include: JAMES Comprehensive Arbitration Rules & Procedures, Rule 16.1 Expedited Procedures, and its Policy on Consumer Minimum Standards of Procedural Fairness. If either party files a lawsuit in violation of this paragraph, such party shall reimburse the other for their costs and expenses, including reasonable attorney fees, incurred in seeking abatement of such suit and enforcement of this paragraph.
11. I acknowledge, understand, and agree that Flight Adventure Park may, at any time, engage in promotions that involve the use of reduced, altered, or theatrical lighting and special effects, which can increase the inherent and obvious dangers of the Activities for participants and observers. Such increased risks can lead to physical or emotional injury, paralysis, or death to myself or third parties, injury or damage to my personal property or that of third parties, or injury or damage to Flight Adventure Park property. I understand that special rules apply to participation and observation of such Activities, and I may choose not to participate in or observe such Activities. I acknowledge, understand, and agree that I may voluntarily participate in or observe such Activities solely and exclusive at my own risk and that, by participating or observing such Activities, I waive the right to seek damages for any injuries that occur during or in connection with such Activities.
12. In connection with my use of the equipment and participation or observation of the Activities, I consent to the recording of my physical likeness and voice through mechanical, photographic, technical, digital, electronic or other means (“Recordings”). I hereby consent to and authorize Flight Adventure Park to use, without compensation and in perpetuity, such Recordings and my name, for any purpose, including without limitation: advertising, promoting, or publicizing any Flight Adventure Park. I further agree that the foregoing includes the consent to use my physical likeness in any form. In addition, I waive all claims I may have in connection with the Recordings. I further acknowledge and understand that Flight Adventure Park is under video surveillance, but that such video surveillance may or may not be monitored in real time.
13. I understand that this Agreement extends forever into the future and will have full force and legal effect every time I visit any Flight Adventure Park location in the Commonwealth of Virginia.
SAFETY RULES AND POLICIES
BY MY INITIALS OR MARKS BELOW, I ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT I AM REQUIRED TO FOLLOW THE SAFETY RULES, POLICIES, AND PROCEDURES (“SAFETY RULES”) OF FLIGHT ADVENTURE PARK. THESE SAFETY RULES INCLUDE, WITHOUT LIMITATION, THE FOLLOWING:
I acknowledge and agree that there are inherent risks in the participation in or on any trampoline court, and that such risks include not only the use of trampolines, but other activities and equipment. Patrons of a trampoline court who use trampolines, and those who engage in any other activities or use any other equipment, by their participation, accept the risks inherent in such participation of which the ordinary prudent person is or should be aware. Participants have a duty to exercise good judgment and act in a responsible manner while using the trampoline court and other equipment and while engaging in such activities. Participants and observers have a duty to obey all oral or written warnings, or both, prior to or during participation, or both. Participants have a duty to properly use all safety equipment provided, whether for the trampolines at the trampoline court, other equipment, or otherwise. If I observe any hazard or condition during my presence or participation in the Activities, I will remove myself from participation and immediately bring such hazard or condition to an employee or representative of Flight Adventure Park.
I will abide by the Safety Rules, instructions, and directions Flight Adventure Park employees and representatives, because: (i) the Safety Rules, instructions, and directions are intended to promote my safety and the safety of others; (ii) failure or refusal to abide by the Safety Rules, instructions, and directions can lead to the immediate revocation of my right to use the equipment and facilities, without any right to refund of any payments made; and (iii) in the event of sickness, accident or injury to myself: (a) I will immediately report the sickness, accident or injury to an employee or representative of Flight Adventure Park and under no circumstances will I leave the facility without doing so, (b) I will cease all participation in Activities at the time of sickness, accident or injury, (c) I authorize employees or representatives to obtain and secure on my behalf emergency medical treatment and transportation when deemed appropriate by employees and representatives, and (d) I agree to assume, at my expense, all costs of such emergency medical care and transportation.
I will not participate in any activity on any trampoline court, or engage in any other activity or use any other equipment, when under the influence of drugs or alcohol or to permit anyone under my supervision and control to do so.
I will NOT participate in any activity on any trampoline court, or engage in other activities or use other equipment, if I have any known pre-existing medical conditions, circulatory conditions, heart or lung conditions, recent surgeries, back or neck conditions, knee or ankle conditions, high blood pressure, known or suspected pregnancy, or any history of spine, musculoskeletal, or head injuries. I fully understand that participating in the Activities involves physical exertion and, accordingly, I represent that: (i) my health is sufficiently good to participate in the Activities and (ii) I have no known pre-existing physical or medical condition(s), including without limitation, pregnancy, orthopedic problems (including neck or back problems), heart or cardiovascular problems, and/or breathing problems, that may or might be negatively impacted or worsened by the use of the facilities, equipment, or by participation in the Activities. It is solely my responsibility to inform Flight Adventure Park and cease use of the facilities, equipment, or participation in Activities if I feel any unusual discomfort (i.e., faintness, shortness of breath, high anxiety, or chest pains).
I will remove inappropriate attire including hard, sharp, or dangerous objects such as buckles, pens, purses, badges and so forth from my person before using the facilities, using the equipment, or participating in the Activities.
I will take reasonable steps and precautions to avoid bodily contact with other patrons or participants in the Activities. I acknowledge and agree that Flight Adventure Park employees have difficult jobs to perform that require the employees to monitor the attractions and Flight Adventure Park cannot be held responsible for the activities, actions, or inactions of any individual participant.
I will conform with or meet height, weight or age restrictions imposed by the manufacturer or owner in order to use or participate in any activity, whether involving the use of trampolines, other equipment, or otherwise.
I will avoid crowding or overloading individual sections of the trampoline court, or other equipment.
I will use the trampoline court, and other equipment, in a manner that remains within my limitations, training, and acquired skills.
I will only attempt activities that I reasonably believe I am capable of performing safely because serious injuries, paralysis, or death can occur when landing on the trampoline court bed, or elsewhere, whether involving the trampoline, other equipment, or otherwise.
I will follow and obey all posted and stated warnings and patron education signs.
I will read, understand and explain all requirements and safety rules to each minor child I accompany and ensure that each minor child obeys the requirements and safety rules.
I have a duty to carefully monitor and supervise each minor child I accompany to ensure that they are acting in a safe manner at all times while participating or engaging in activities while at Flight Adventure Park.
I agree to watch the safety video provided by Flight Adventure Park before participating in any activity(ies), attempt only those activities and maneuvers that I reasonable believe I can safely perform, and remain in areas that will not place me or anyone else in danger.
I have adequate insurance to cover any injury or damages that I may cause or suffer while participating in the activities within the Flight Adventure Park premises, or, if not, I agree to bear the costs of such injury or damage to myself, others and/or the premises.
I have had sufficient opportunity to read this Agreement. If I had any questions about this Agreement, I have had an opportunity to ask a Flight Adventure Park employee or representative, and have, in fact, done so. I have read this Agreement, fully and completely understand it, and agree to be bound by its terms. I understand that employees working at Flight Adventure Park, including the manager, do not have the authority to waive any provision of this Agreement. This Agreement constitutes and contains the entire agreement between Flight Adventure Park and me relating to my use of the facilities and equipment and my participation or observation of the Activities. This Agreement supersedes any and all previous oral or written promises or agreements, and may only be modified by a writing signed by the parties to be charged. I expressly agree that this Agreement is intended to be as broad and inclusive as is permitted by the laws of the Commonwealth of Virginia and that if any portion of this Agreement is found to be unenforceable, the remaining portions shall remain in full force and effect. All terms above are included in this Agreement regardless of whether the provisions set forth above were initialed by the signatory below.
By signing below, I represent and warrant that I am the parent, legal guardian, or power-of-attorney of the below-listed Child(ren) and have the authority to execute this Agreement on the Child(ren)’s behalf and to act on the Child(ren)’s behalf. I HAVE CAREFULLY READ EACH AND EVERY PARAGRAPH IN THIS DOCUMENT, AND I AND THE CHILD(REN) AGREE TO BE BOUND BY THE TERMS STATED HEREIN, INCLUDING THE RELEASE OF LIABILITY CONTAINED THEREIN. I am 18 years of age or older. I am entering into this Agreement on behalf of myself, my spouse or domestic partner, the Child(ren), 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.
IN SUMMARY, BY MY SIGNATURE BELOW, I ACKNOWLEDGE AND AGREE THAT THE USE OF TRAMPOLINES AND OTHER EQUIPMENT AT FLIGHT ADVENTURE PARK AND PARTICIPATING IN TRAMPOLINE AND OTHER ACTIVITIES IS INHERENTLY AND OBVIOUSLY DANGEROUS AND WE ARE VOLUNTARILY ASSUMING THE RISK OF PARTICIPATING IN SUCH ACTIVITIES. I FURTHER ACKNOWLEDGE THAT I HAVE AGREED TO ARBITRATE ANY DISPUTE AND WAIVE THE RIGHT TO HAVE A JURY OR A JUDGE RESOLVE ANY SUCH DISPUTE.
I agree to the Flight Adventure Park Agreement and confirm I have been given enough time to read it and understand that it contains important terms about my access and use of the Flight Adventure Park like limiting Flight Adventure Park's liability and my agreement on how disputes will be handled. I certify that all personal information is truthful, complete, and accurate.