PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
(PLEASE READ THIS DOCUMENT CAREFULLY BEFORE SIGNING IT—
YOU ARE GIVING UP LEGAL RIGHTS BELONGING TO YOU, YOUR SPOUSE, AND/OR YOUR MINOR CHILDREN)
In consideration of being allowed to participate in the services and activities provided by FLIP N TAG L.L.C., a Nevada limited liability company, and/or FLIP N TAG 2 L.L.C., a Nevada limited liability company, each dba FLIP N OUT XTREME (collectively referred to hereinafter as “FLIP N OUT XTREME”) located in Las Vegas, Nevada and/or Henderson, Nevada, or their employees or agents at said locations including, without limitation, laser tag, climbing walls, speed rail, drop line, mechanical bull, trampolines, trampoline walls, trampoline ninja, trampoline basketball, soft play area, obstacle course, dodge ball, gaga ball, drop zone, axe throwing, wreck it room, digital gaming, Altered Light Activities (as defined below), and any and all other activities offered by FLIP N OUT XTREME in which the below-named individuals may participate (each an “Activity” and collectively the “Activities”), now or in the future, whether onsite or offsite, I hereby agree, on behalf of myself, my spouse or legal partner, my child(ren), parents, heirs, assigns, personal representatives, estate, and insurers, as follows:
1. ACCEPTANCE OF RISK. I ACKNOWLEDGE THAT MY OR MY MINOR CHILD(REN)’S PARTICIPATION IN THE ACTIVITIES ENTAILS KNOWN AND UNANTICIPATED RISKS THAT COULD RESULT IN PHYSICAL OR EMOTIONAL INJURY OR DAMAGE TO MYSELF, MY CHILD(REN), TO PROPERTY, OR TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION: CUTS AND BRUISES, SCRAPES, SPRAINED OR TORN LIGAMENTS, BROKEN BONES, CONCUSSIONS, PARALYSIS, INTERNAL AND/OR EXTENRNAL INJURIES TO THE HEAD, FACE (INCLUDING NOSE AND TEETH/JAW), NECK TORSO, SPINE, ARMS, WRISTS, HANDS, LEGS, ANKLES, FEET, OR OTHER BODY PARTS, AND DEATH. I FURTHER ACKNOWLEDGE THAT I OR MY CHILD(REN) MAY FALL ON OTHER PARTICIPANTS, RESULTING IN BROKEN BONES AND OTHER SERIOUS INJURIES. DOUBLE BOUNCING, MORE THAN ONE PERSON PER TRAMPOLINE, FLIPPING, RUNNING AND BOUNCING OFF THE WALLS AND WALL-MOUNTED TRAMPOLINES, 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, INCLUDING DEATH. I UNDERSTAND THAT SUCH RISKS SIMPLY CANNOT BE ELIMINATED WITHOUT JEOPARDIZING THE ESSENTIAL QUALITIES OF THE ACTIVITIES, AND I EXPRESSLY ACCEPT AND KNOWINGLY ASSUME ALL OF THE RISKS INHERENT IN THE ACTIVITIES. MY AND/OR MY CHILD(REN)’S PARTICIPATION IN THE ACTIVITIES IS PURELY VOLUNTARY AND I ELECT TO PARTICIPATE, AND/OR TO ALLOW MY CHILD(REN) TO PARTICIPATE, IN SPITE OF THE RISKS.
2. RELEASE. I, for myself and on behalf of my spouse or legal/domestic partner and my child(ren), and our respective and/or collective issue, parents, siblings, heirs, assigns, personal representatives, estates, and anyone else who can claim by or through such person or persons (collectively, the “Releasing Parties”) hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless FLIP N OUT XTREME, its managers, members, agents, owners, officers, affiliates, volunteers, participants, employees, and all other persons or entities acting in any capacity on its behalf (collectively the “Released Parties”) from any and all claims, demands, or causes of action, which are in any way connected with my and/or my child(ren)’s participation in the Activities, including, without limitation, the “Altered Light Activities” (defined below), and/or use of FLIP N OUT XTREME’s equipment or facilities, including any such claims which allege negligent acts or omissions of one or more Released Parties.
3. ALTERED LIGHT ACTIVITIES. I acknowledge that FLIP N OUT EXTREME may at any time engage in a promotion of programs and/or Activities that involve the use of reduced and altered or theatrical lighting and special effects and music (“Altered Light Activities”), which can increase the inherent and obvious dangers of the Activities and can lead to physical or emotional injury, paralysis, death, or damage to myself, my child(ren), and/or third parties, and damage to personal property of any or all such persons. I understand that special rules may apply to such Altered Light Activities, and the other programs and Activities that involve the use of reduced and altered or theatrical lighting and special effects, and that I and my child(ren) may choose not to participate in such Altered Light Activities. I acknowledge and agree that I and my child(ren) may participate in Altered Light Activities and other similar programs and activities solely and exclusively at our own risk, and that by participating, we waive the right to seek damages for any injuries that occur.
4. HOLD HARMLESS. Should FLIP N OUT XTREME, one or more Released Parties, or anyone acting on their behalf, be required to incur attorneys’ fees and costs to enforce this agreement, I agree to indemnify and hold FLIP N OUT XTREME and/or such persons harmless for all such fees and costs. In addition, I agree to indemnify, defend and hold FLIP N OUT XTREME and the Released Parties harmless from and against any and all liabilities, claims, demands, or causes of action related to or resulting from my or my child(ren)’s negligent or intentional acts or omissions, regardless of where or how raised, and regardless of whether I dispute my own liability or that of FLIP N OUT XTREME or the Released Parties.
5. MEDICAL ASSISTANCE. I certify that I and/or my child(ren) are physically able to participate in all Activities at FLIP N OUT XTREME without aid or assistance. I further certify that I am willing to and do assume the risk of any medical or physical condition I and/or my minor child(ren) may have. If I and/or my child(ren) are injured while participating in an Activity or using FLIP N OUT XTREME’s equipment, I acknowledge that I or my child(ren) may require medical assistance, which will be at my own expense or the expense of my personal insurer(s). I certify that I have adequate insurance to cover any injury or damage I or my child(ren) may cause or suffer while participating in the Activities, or else I agree to bear the costs of such injury or damage myself. I acknowledge and agree that FLIP N OUT XTREME may (but shall not be obligated or required to) administer to me or my child(ren) emergency aid.
6. RULES. I acknowledge that I have read the rules governing my and/or my child(ren)’s participation in any Activities at FLIP N OUT XTREME, and I certify that I have explained rules to the minor child(ren) listed in this waiver. I acknowledge and agree that failure to follow the rules could result in the expulsion of myself and/or my child(ren) from FLIP N OUT XTREME. I further acknowledge and agree that participants on the non-harnessed drop line and drop zone are required to land on their backs or buttocks, and that landing on the feet may result in severe physical injury.
7. SEVERABILITY. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
8. ARBITRATION OF DISPUTES; NO RIGHT TO TRIAL BY JURY; TIME LIMIT TO BRING CLAIM. I AGREE TO ARBITRATE ANY DISPUTE WITH FLIP N OUT XTREME. I UNDERSTAND THAT BY AGREEING TO ARBITRATE ANY DISPUTE AS SET FORTH IN THIS SECTION, I AM WAIVING MY RIGHT, AND THE RIGHT(S) OF MY CHILD(REN), TO MAINTAIN A LAWSUIT IN THE STATE OR FEDERAL COURT(S) OF NEVADA (OR ANY OTHER JURISDICTION) AGAINST FLIP N OUT XTREME FOR ANY AND ALL CLAIMS WHICH MIGHT ARISE FROM THE ACTIVITIES. I UNDERSTAND THAT I AM WAIVING MY RIGHT, AND THE RIGHT OF MY CHILD(REN) TO A TRIAL BY JURY. BY AGREEING TO ARBITRATE, I UNDERSTAND THAT I WILL NOT HAVE THE RIGHT TO HAVE MY CLAIM OR THE CLAIM OF MY CHILD(REN) DETERMINED BY A JURY. NEVADA LAW SHALL GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS AGREEMENT WITHOUT REGARD TO THE CONFLICT OF LAW RULES OF ANY STATE.
ANY DISPUTE, CLAIM OR CONTROVERSION ARISING OUT OF OR RELATING TO MY OR MY CHILD(REN)’S ACTIVITIES AT FLIP N OUT XTREME, ITS ACTIVITIES AND/OR ITS EQUIPMENT, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE BROUGHT WITHIN ONE YEAR OF ITS ACCRUAL (I.E., THE DATE OF THE ALLEGED INJURY) AND BE DETERMINED BY ARBITRATION IN CLARK COUNTY, NEVADA, BEFORE ONE ARBITRATOR. ANY ARBITRATION ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE CONDUCTED IN ACCORDANCE WITH THE EXPEDITED PROCEDURES SET FORTH IN THE JAMS (WWW.JAMSADR.COM) COMPREHENSIVE ARBITRATION RULES AND PROCEDURES AS THOSE RULES EXIST ON THE EFFECTIVE DATE OF THIS AGREEMENT, INCLUDING RULE 16.1 OF THOSE RULES. JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF COMPETENT JURISDICTION. IF EITHER PARTY FILES SUIT IN VIOLATION OF THIS SECTION 9, SUCH PARTY SHALL REIMBURSE THE OTHER PARTY FOR ITS COSTS AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES, INCURRED IN SEEKING ABATEMENT OF SUCH SUIT AND ENFORCEMENT OF THIS SECTION 9.
9. 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) visit FLIP N OUT XTREME, whether at the current locations in Las Vegas and Henderson, Nevada, or any other location or facility.
10. MEDIA LICENSE. I grant FLIP N OUT XTREME the right to photograph, videotape, and/or record me and/or my child(ren) and to use my or my child(ren)'s name, face, likeness, voice and appearance in connection with exhibitions, publicity, advertising, and promotional materials without reservation or limitation.
11. PROMOTIONS. I would like to receive email promotions, discounts, and other advertisements from FLIP N OUT XTREME at the email address provided. I may unsubscribe at any time.
BY SIGNING THIS DOCUMENT, I REPRESENT AND WARRANT THAT I AM OVER 18 YEARS OF AGE AND, IF SIGNING ON BEHALF OF MINOR PARTICIPANTS, THAT I AM THE PARENT, LEGAL GUARDIAN, OR POWER-OF-ATTORNEY OF THE 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 ACKNOWLEDGE THAT THE TERM “CHILD” OR “CHILDREN” AS USED IN THIS AGREEMENT INCLUDES ANY MINOR PARTICIPANTS FOR WHOM I HAVE THE AUTHORITY TO EXECTUTE THIS AGREEMENT AND ACT ON THEIR BEHALF. I ACKNOWLEDGE THAT IF ANYONE IS HURT OR PROPERTY IS DAMAGED DURING MY PARTICIPATION IN ANY ACTIVITY AT FLIP N OUT XTREME, I MAY BE FOUND BY A COURT OF LAW TO HAVE WAIVED MY RIGHT TO MAINTAIN A LAWSUIT AGAINST FLIP N OUT XTREME BY VIRTUE OF THE RELEASE HEREIN. BY MY SIGNATURE BELOW, I ACKNOWLEDGE THAT IF I OR MY CHILD(REN) ARE INJURED IN ANY WAY, THIS WAIVER PRVENTS AND PROHIBITS ANY RECOVERY OF MONEY FROM ANY FLIP N OUT XTREME RELATED ENTITY. I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I HAVE READ AND UNDERSTOOD IT, AND I AGREE TO BE BOUND BY ITS TERMS.