MYSEUM Waiver
(Saint Louis, Mo )
For the safety of all participants in this facility, some common restrictions are in place. I understand the safety restrictions include but are not limited to the following: NO running, double bouncing, double flips, gainers, and diving. Further, I will BE AWARE of others, of physical limitations, and of age restrictions (6 and under areas)
I acknowledge that I have read, understand, and will abide by the safety restrictions as depicted above and listed herein.
PLEASE ONLY VISIT MYSEUM IF THE FOLLOWING APPLY
:
(1) You are willing to practice social distancing and maintaining at least six
feet between individuals in all areas of the park; (2)You are healthy enough to participate,
and do not have symptoms of COVID 19 such as feeling sick, coughing, sneezing, shortness of breath,
fever or are not feeling well; (3)You do not live with or visited a person or family member that has
been diagnosed with or suspected of having COVID-19; (4) you consent to having you (or your minor child's)
temperature checked upon entering the park.
ADDENDUM TO PARTICIPATION AND ARBITRATION AGREEMENT ADDING WAIVER/RELEASE FOR COMMUNICABLE DISEASES INCLUDING COVID-19 ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT
In consideration of being allowed to participate in any or all of the services and activities, including, but not limited to, those set forth
in the Participation and Arbitration Agreement and any related events
and activities, the undersigned acknowledges, appreciates, and agrees
that: (1) Participation includes possible exposure to and illness from
infectious diseases including but not limited to MRSA, influenza, and
COVID-19. While particular rules and personal discipline may reduce
this risk, the risk of serious illness and death does exist; and, (2)
Participant for myself, and/or on behalf of my spouse, and minor
child(ren)/ward(s) KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,
(3) agree to comply with the stated and customary terms and conditions for participation with respect to protection against infectious diseases and if I observe any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest management employee immediately; and (4) that I, as parent/guardian, with legal responsibility for any minor participant, have read and explained the
provisions in this waiver/release to my child/ward including the risks
of presence and participation and his/her personal responsibilities for
adhering to the rules and regulations for protection against infectious
diseases; and, (5) I, for myself and/or on behalf of my spouse, and
minor child(ren)/ward(s) as well as on behalf of my heirs, assigns,
personal representatives and next of kin, HEREBY RELEASE AND HOLD
HARMLESS Blakemoreplaytime LLC DBA Myseum its officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors,
advertisers, owners, parent companies, affiliated entities and lessors
of premises (“RELEASEES”), WITH RESPECT TO ANY AND ALL ILLNESS,
DISABILITY, DEATH, or loss or damage to person or property, WHETHER
ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IF FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
COMMON Blakemoreplaytime , LLC DBA Myseum,
PARTICIPANT AND ARBITRATION AGREEMENT, INDEMNIFICATION, GENERAL RELEASE AND
ASSUMPTION
* * * * PLEASE READ THIS DOCUMENT CAREFULLY * * * *
BY SIGNING IT, YOU ARE GIVING UP YOUR AND/OR YOUR SPOUSE'S AND MINOR'S LEGAL RIGHTS INCLUDING THE RIGHT TO BRING A LAWSUIT IN COURT AND/OR HAVE THE CLAIM
DECIDED BY A JURY
BY SIGNING THIS AGREEMENT, I AM GIVING UP MY RIGHTS AND THE RIGHTS OF MY SPOUSE AND/OR CHILD(REN) TO SUE [COMMON INTEREST
INVESTMENT GROUP, LLC] FOR ANY INJURY, INCLUDING PARALYSIS OR DEATH, CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR FAULT OF [Blakemoreplaytime, LLC,DBA Myseum ] INCLUDING ANY OF ITS OWNERS, AFFILIATES, AGENTS, EMPLOYEES AND EQUIPMENT SUPPLIERS.
For the right to participate in any of the services or activities at
Blakemore playtime LLC’s DBA Myseum premises (the “PREMISES”), including, but not limited to,
Bounce House access, Bounce House games, after hour events , scheduled events and play, play pit
activities, reduced/altered/theatrical/laser and special effects lighting,
snack bar access and any other amusement activities (collectively
“ACTIVITIES”), provided by Blakemore Playtime , LLC DBA Myseum and its agents, owners, parent
company, subsidiaries, affiliated facilities, franchisors, officers,
directors, principals, volunteers, participants, clients, customers,
invitees, employees, independent contractors, insurers, facility
operators, land and/or PREMISES owners, and any and all other persons
and entities acting in any capacity on its behalf (collectively
“Blakemore Playtime LLC DBA Myseum ”), I, on behalf of myself, and my spouse, legal partner,
children, wards, heirs, assigns, personal representatives and estate,
if any (“My People”), hereby: acknowledge, agree or represent (as the
case may be): (a) that immediately upon entering or participating I
will inspect and carefully consider the PREMISES; (b) that entry into
the PREMISES for observation or use of any facilities or equipment or
participation in ACTIVITIES constitutes an acknowledgement that the
PREMISES and all facilities and equipment thereon have been inspected
and carefully considered by me and that My People and I find and accept
same as being safe and reasonably suited for the purpose of such
observation, use or participation by My People and me; (c) that My
People and I are in good health and in physical condition to
participate in the ACTIVITIES that Blakemore Playtime LLC DBA Myseum provides; (d) that during the
ACTIVITIES neither I nor My People will be under the influence of
alcohol or any illicit or prescription drugs that would in any way
impair my/our ability to safely participate in ACTIVITIES; (e) that we
have not been advised against any activities by a health professional;
and (f) that we are under no obligation to participate in any
ACTIVITIES against our will; (g) that we will only participate in
ACTIVITIES for which we have sufficient skill to avoid injury; (h) that
it is my sole responsibility to determine whether we are sufficiently
fit and healthy enough to participate in ACTIVITIES; (i) that we are
familiar with and will abide by the rules established for the
ACTIVITIES, which include without limitation the rules posted at the
PREMISES or the related website; (j). we accept sole responsibility for
our own conduct and actions, as well as the conduct and actions of each
other while participating in the ACTIVITIES, and the condition and
adequacy of the equipment.
(1) ASSUMPTION OF RISK AND RELEASE OF LIABILITY: I acknowledge that I and/or my spouse have full authority as parent or legal guardian to bind the minor participant to this release and agreement (“AGREEMENT”). On behalf of myself and My People, I (a) further acknowledge that we are voluntarily participating in the ACTIVITIES, which I agree are dangerous and entail both known and unknown inherent risks, including the risk of injury, permanent disability, or even death, deriving from, but not limited to, equipment malfunctions; building malfunctions; lack of supervision and/or trained trampoline monitors; lack of proper equipment or padding, netting, or
other safety measures; slipping; falling; landing; or colliding with
fixed objects or other people, as well as the negligence and/or
omissions committed by me, my spouse and/or my child(ren)/ward(s),
Blakemore Playtime LLC DBA Myseum , and/or any other person and/or Blakemore Playtime , LLC DBA Myseum while on the PREMISES;
(b) voluntarily assume all such risks; (c) understand and acknowledge
that Blakemore Playtime, LLC DBA Myseum does not manufacture the trampolines or other equipment at
the PREMISES, but purchases and/or leases the trampolines and equipment
and therefore Blakemore Playtime, LLC DBA Myseum may not be held liable for defective products or
equipment. Despite all known and unknown risks including but not
limited to serious bodily injury, permanent disability, paralysis and
loss of life that may be sustained while on the PREMISES, on behalf of
myself and My People I hereby expressly, unconditionally and
voluntarily remise, release, waive, relinquish, acquit, satisfy and
forever discharge and agree and covenant not to sue Blakemore playtime LLC, DBA Myseum including
its suppliers, designers, installers, manufacturers of any trampoline
equipment, foam pit material, or such other material and equipment at
the PREMISES (all hereinafter referred to as “EQUIPMENT SUPPLIERS”) and
agree to hold said parties harmless of and from any and all manner of
actions or omission(s), causes of action, suits, sums of money,
controversies, damages, judgments, executions, claims and demands
whatsoever, in law or in equity, including, but not limited to, any and
all claims which allege negligent acts and/or omissions committed by
Blakemore Playtime, LLC DBA Myseum, or any EQUIPMENT SUPPLIERS while in or about the PREMISES and/or while participating in or as a result of participating in any of the ACTIVITIES in or about the PREMISES and/or while using any items
purchased in or about the PREMISES, whether the action arises out of
any damage, loss, personal injury, emotional injury, or death to me or
My People. This release of liability is effective and valid regardless
of whether the damage, loss or death is a result of any act or omission
on the part of Blakemore Playtime, LLC DBA Myseum and/or any EQUIPMENT SUPPLIERS.
(2) INDEMNIFICATION: I understand that the known and
unknown risks may be caused in whole or in part by the actions or
inactions of myself or My People, or by the actions or inactions of
others participating in activities, or the acts, inaction or any type
of negligence of Blakemore Playtime, LLC DBA Myseum , or any EQUIPMENT SUPPLIERS, and in
consideration of being allowed, along with My People to enter onto and
into the PREMISES for observation or use of any facilities or equipment
or participation in ACTIVITIES, I hereby assume all risk of damage,
loss, personal injury, or death to myself and My People while in or
about the PREMISES and/or while participating in or as a result of
participating in any of the ACTIVITIES in or about the PREMISES and/or
while using any items purchased in or about the PREMISES, including any
such loss due to the sole or partial negligence of Blakemore Playtime, LLC DBA Myseum and all
EQUIPMENT SUPPLIERS and agree to indemnify and hold harmless Blakemore Playtime LLC DBA Myseum and all EQUIPMENT SUPPLIERS from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by Blakemore Playtime LLC DBA Myseum and all EQUIPMENT SUPPLIERS as a result of any claims asserted by me or My People against Blakemore Playtime, LLC DBA Myseum and all EQUIPMENT SUPPLIERS, including, but not limited to, any
and all attorneys’ fees, costs, damages and/or judgments Blakemore Playtime, LLC DBA Myseum and all EQUIPMENT SUPPLIERS incurs in the event of such loss whether caused by the negligence of Entity or any EQUIPMENT SUPPLIERS and that on behalf
of myself, my spouse or my minor child(ren)/ward(s) I further agree to indemnify and hold harmless Blakemore Playtime, LLC DBA Myseum for any injury, damage and/or harm that I or My People cause to Blakemore Playtime LLC DBA Myseum or the PREMISES and/or to any and all other persons and entities acting in any capacity on behalf of Blakemore Playtimr, LLC.
(3) LIABILITY FOR PROPERTY: I, on behalf of myself and My People, agree that Blakemore Playtime, LLC DBA Myseum is not liable to us or our guests, for any personal property that is damaged, lost, or stolen while on or about the PREMISES
including, but not limited to, a vehicle or its content or any property
in a locker or otherwise, whether or not Blakemore Playtime LLC DBA Myseum was negligent.
(4) ATTORNEYS’ FEES:
To the extent permitted by law, I promise to indemnify and pay
Blakemore Playtime, LLC DBA Myseum for any attorneys’ fees and/or costs incurred to enforce
the Mediation, Non-Binding Arbitration portion of this
AGREEMENT, including all costs associated with any collection efforts.
(5) PHOTO RELEASE: By entering the PREMISES, on behalf
of myself and My People I hereby grant to Blakemore Playtime, LLC DBA Myseum the irrevocable right
and permission to photograph and/or record us on the PREMISES and to
use the photograph and/or recording for all purposes, including,
without limitation, advertising and promotional purposes and other
commercial purposes, in any manner and all media now or hereafter
known, in perpetuity throughout the world, without restriction as to
alteration. I on behalf of myself and My People, waive any right to
inspect or approve the use of the photograph and/or recording, and
acknowledge and agree that the rights granted by this release are
without compensation of any kind.
(6) PRIVACY: Please read our privacy policy STL Myseum for information about how Blakemore Playtime, LLC DBA Myseum collects, uses, and
discloses information about you.
(7) TERMS 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 People visit the PREMISES,
whether at the current location or any other Blakemore Playtime, LLC DBA Myseum location or
facility, including, or any of its subsidiary or affiliates’ locations
or facilities. I agree that this AGREEMENT is intended to be as broad
and inclusive as is permitted by the laws of this state and that if any
portion thereof is held invalid, it is agreed that the balance shall,
notwithstanding, continue in full legal force and effect.
(8) MEDIATION, NON-BINDING ARBITRATION AND VENUE: If a
dispute arises out of or relates to this AGREEMENT and/or Blakemore Playtime, LLC DBA Myseum and/or
EQUIPMENT SUPPLIERS and/or any ACTIVITIES and/or an incident that
occurs while on the PREMISES, and/or while using any items purchased in
or about the PREMISES, as well as the installation, design,
construction, and condition of the PREMISES by Blakemore Playtime, LLC DBA Myseum and/or EQUIPMENT
SUPPLIERS, involving a single claimant, or claimants who are related or
asserting claims arising from a single incident and if the dispute
cannot be settled through direct negotiations, and unless the parties
agree on a different mediation or non-binding arbitration process, the
parties agree first to try in good faith to settle the dispute by
mediation administered by the American Arbitration Association (the
“AAA”) under its Commercial Mediation Procedures available at http://www.adr.org before resorting
to non-binding arbitration. Thereafter, any unresolved claims shall be
submitted to non-binding arbitration administered by the AAA in
accordance with its Non-Binding Consumer Arbitration Rules, except that
Rule R-2 (e) is amended to allow an answer to be filed within thirty
(30) calendar days. The arbitration shall be governed by the laws of
the State in which the Blakemore Playtime. LLC , DBA Myseum is located. In-person hearings will take
place pursuant to the Non-Binding Consumer Arbitration Rules in the
county/parish and state in which Blakemore Playtime, LLC DBA Myseum is located. Except as may be
required by law, neither a party nor an arbitrator may disclose the
existence, content, or results of any non-binding arbitration hereunder
without the prior written consent of both parties. The parties agree to
mediation and non-binding arbitration of any and all claims, disputes
and grievances, not otherwise excepted herein, arising out of or
relating to this AGREEMENT, the participation in any on-site ACTIVITIES
and/or while on the PREMISES, and/or while using any items purchased in
or about the PREMISES, as well as the installation, design,
construction, and condition of the PREMISES by Blakemore Playtime , LLC DBA Myseum and/or EQUIPMENT
SUPPLIERS. A copy of the Rules mentioned herein may be obtained from
the AAA by visiting AAA’s website at http://www.adr.org. The scope of this AGREEMENT is intended to be as broad as possible under applicable law, and shall include all types of negligence, tort, contract, statutory
and administrative actions. The parties further agree to submit to non-binding arbitration the issues of substantive and procedural arbitrability, including defenses to arbitration and all disputes
regarding the enforceability, interpretation, breadth, scope and
meaning of this AGREEMENT. The parties reserve their rights to resolve
disputes involving less than $10,000.00 in an applicable small claims
or district court in the county/parish and state in which the Blakemore Playtime, LLC DBA Myseum is located that are within the scope of the small claims’ or district
court’s jurisdiction. In the event non-binding arbitration does not
totally resolve all claims, it is agreed that the sole and exclusive venue for any lawsuit filed against Blakemore Playtime, LLC DBA Myseum shall be in the county/parish and state in which the PREMISES are is located. It is further agreed that the substantive law of the State in which the Blakemore Playtime, LLC DBA Myseum is located shall apply without regard to any conflict of law rules. Unless all parties agree otherwise, the non-binding arbitration decision or award may not be entered in any federal or state court having jurisdiction.
By signing this document, whether in written or electronic format, I understand that I may be found by a court of law to have forever waived, for me and My People, the right to maintain any action in court or to be decided by a jury against Blakemore Playtime , LLC DBA Myseum on the basis of any claim from which I have released Blakemore Plays , LLC DBA Myseum and any released party herein and that I have assumed all risk of damage, loss, personal injury, or death to myself and/or My People and agreed to indemnify and hold harmless Blakemore Playtime, LLC DBA Myseum and all EQUIPMENT SUPPLIERS from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by Blakemore Playtime, LLC DBA Myseum and all EQUIPMENT SUPPLIERS as a result of the participation in ACTIVITIES in or about the PREMISES by myself or My People, and/or claims asserted by myself or My People against Blakemore Playtime, LLC DBA Myseum and all EQUIPMENT SUPPLIERS related to such participation in ACTIVITIES. I have had a reasonable and sufficient opportunity to read and understand this entire document and consult with legal counsel or have voluntarily waived my right to do so. I knowingly and voluntarily agree to be bound by all terms and conditions set forth herein.
Consent to Receive Automated Text Messages
PLEASE ONLY VISIT THE PREMISES IF THE FOLLOWING APPLY:
(1) You are willing to practice social distancing and maintaining at least six feet between individuals in all areas of the PREMISES;
(2) You are healthy enough to participate, and do not have symptoms of COVID 19 such as feeling sick, coughing, sneezing, shortness of breath, fever or are not feeling well;
(3) You do not live with or visited a person or family member that has been diagnosed with or suspected of having COVID-19;
(4) you consent to having you (or your minor child’s) temperature checked upon entering the PREMISES.
You MUST have reached the age of majority in your state of residence to sign your own
waiver
You MUST be the Parent or Legal Guardian to sign for a minor (under age of majority)
We reserve the right to review your license and/or other forms of ID to verify identity and age.