LAVA ISLAND RELEASE AGREEMENT AND WAIVER OF LIABILITY [the “Agreement”]
THIS IS A LEGAL DOCUMENT. EACH AND EVERY PERSON, WHETHER A PARTICIPANT, OBSERVER, OR CHAPERONE MUST CAREFULLY READ AND SIGN THIS DOCUMENT PRIOR TO ENTERING OUR PROPERTY. IF YOU DO NOT UNDERSTAND IT, LET US KNOW AND WE WILL ANSWER YOUR QUESTIONS. IF YOU HAVE ANY MINOR CHILD OR OTHER PERSON WHO LACKS CAPACITY TO READ AND SIGN THIS DOCUMENT, THIS DOCUMENT MUST BE SIGNED BY THE PARENT OR LEGAL GUARDIAN PRIOR TO ENTERING OUR PROPERTY.
I represent and warrant that I am at least 18 years of age and, on behalf of myself, successors, heirs, and representatives, have the legal capacity to enter into this Agreement. I understand that I am required to execute this Agreement on behalf of my minor child(ren) and any person who lacks capacity to make legal decisions and for whom I am legal guardian. For any minor child, I represent and warrant that I have the authority to execute this Agreement on the child’s behalf as a parent or legal guardian and my decision to sign this waiver on behalf of any child is voluntary and informed. I have had the opportunity to ask questions and learn about the activities at Lava Island. I have had the opportunity to decline these recreational services if I disagree with the terms of this Agreement or do not want to assume the risks associated with the activities at Lava Island. I understand this Agreement may not be altered unless in writing and signed by all parties. Any reference to Lava Island includes, but is not limited to, Epic Parks, LLC, its successors, assigns, principals, affiliates, landowners, managers, directors, officers, members, employees, agents, representatives, insurers, attorneys, manufacturers, suppliers, inspectors, and any subcontractors.
In consideration for the services provided by Lava Island, I agree as follows:
Understanding and Assumption of Risks: I understand that there are risks inherent in amusement and recreational activities that include the use of trampolines, trampoline courts, air bags, foam pits, warrior courses, obstacle courses, play equipment, and all of the activities at Lava Island; engaging in any activities on the property as participant; viewing or observing activities; and as acting as chaperone to any person. I understand that I am assuming the risk of injury, serious bodily injury, or death arising out of these activities, even if I am merely observing or chaperoning and not actively participating in activities. I understand that these risks include, but are not limited to, variable uneven surfaces, amusement devices, recreational equipment, attractions, inflatables, rock walls, obstacle courses, falls, trips, slips, equipment failure, collisions or accidents with other persons and objects, running, jumping, bouncing, sliding, swinging, spinning, throwing, catching, hitting, lifting, climbing, grabbing, balancing and crawling, any other activity, condition of the equipment, and condition of the premises. I understand I am responsible for the control and supervision of my minor child(ren), any person for whom I am the legal guardian, and any person for whom I am the chaperone. If I am not accompanying my child or any person for whom I am the legal guardian, I understand that my child or any such person must be accompanied and supervised by an adult chaperone. I understand that Lava Island is not an insurer of the safety of every person and cannot guard against every possible hazard. I understand that some activities are not intended for persons with certain medical conditions for safety purposes and I am responsible for determining whether I or any person for whom I am the legal guardian or chaperone are fit to participate in or watch an activity.
Waiver and Release: I agree that Lava Island shall not be liable for any injury to or the death of any person resulting from the risks described above and any other activity on the property. I hereby release and waive all liability and any claim against Lava Island, its employees, agents, representatives, manufacturers, suppliers, inspectors, and any subcontractors, or any other person or entity for injury, loss, damage, or death of any participant, spectator, or chaperone resulting from any activity at Lava Island. I hereby release and waive liability for any injury, damages, or losses resulting from or arising out of the risks described above. This is a complete and general release of any and all possible claims against Lava Island for any kind of injury, damages, or losses, including death, on the basis of negligence, breach of warranty, breach of contract, and any other legal theories, except willful and wonton conduct or recklessness.
Safety Rules: I hereby acknowledge and understand that each and every activity at Lava Island has individual rules and regulations that I and any minor child or other person under my care or supervision are to strictly follow. I understand that not every activity is supervised. I hereby agree on behalf of myself, my minor child(ren), any minor I am chaperoning, and any other person under my care to follow all signage, rules, instructions, and regulations and understand that the failure to follow any of these rules or directions could result in injury, damages, or losses, including death. I understand that the failure to follow rules may also result in the loss of privileges at Lava Island and that I may be required to leave, along with any child or other person in my party, or that I may be asked to leave if any minor participant I am supervising or person in my party fails to follow the rules or the directions of Lava Island employees.
Indemnification: I agree to indemnify, hold harmless, and defend Lava Island from and against any and all causes of action, claims, demands, losses, damages, and/or legal action by myself, successors, heirs, and representatives arising out of or in any way relating to my use of or presence at the property or the services provided. I agree to indemnify, hold harmless, and defend Lava Island from and against any and all causes of action by my child(ren) and any other person on whose behalf I sign this Agreement. If my status as a parent, legal guardian, or chaperone of a minor child or person who lacks legal capacity is challenged or found invalid, I will indemnify, hold harmless, and defend Lava Island against any claim brought by or on behalf of the minor child or person who lacks legal capacity. I agree to reimburse Lava Island for any fees and costs incurred due to legal action related to myself, my child(ren), and any person for whom I am the legal guardian or chaperone. I agree to defend and indemnify Lava Island for claims of others arising out of my conduct at the property.
Venue and Choice of Law: This Agreement shall be interpreted in accordance with the laws of the State of Colorado. Any lawsuit against Lava Island shall be brought in the State of Colorado.
Medical Treatment: I authorize Lava Island to provide first aid to or to obtain medical care for me, my child(ren), and any person for whom I am the legal guardian. I understand that I am responsible for the costs of any medical care on site and rendered thereafter.
Media Release: I authorize Lava Island to photograph, film, record me, my child(ren), and any person for whom I am the legal guardian, without compensation, and use these images in any media format. Any images taken by Lava Island are the sole property of Lava Island.
Minor Child(ren) and Persons: I represent and warrant that I am the parent or legal guardian for the following persons and agree to the above terms, release, waiver, and provisions on their behalf:
This Agreement contains the entire agreement and supersedes any and all prior agreements, understandings, and discussions. If any provision of this Agreement is determined to be invalid or unenforceable, the unenforceable provision shall be severed and the remaining provisions shall not be affected. I have read this entire Agreement, understand it, and agree to be bound by it. I understand that my electronic signature is valid and legally binding.