Participant Agreement, Release and Assumption of Risk (The Agreement) - Flip City Gym
I have voluntarily elected to use and, if applicable, to allow the minor child(ren) identified above and referred to individually and collectively herein as "Child", to use the Flip City facilities and equipment located at 614 S. Airpark Rd. Cottonwood, AZ, 86326 (the "Flip City Facility"). In consideration for being allowed to use said facilities and equipment, and any other services provided by Flip City Gymnastics, LLC or its employees or agents at said location, or any other location within the state of Arizona I represent, acknowledge and agree as follows:
__________I acknowledge and agree that this Agreement covers and is intended to release and provide other benefits and consideration to Flip City Gymnastics, LLC and their respective and collective agents, owners, officers, managers, shareholders, affiliates, volunteers, participants, employees, and all other persons or entities acting in any capacity on their respective or collective behalf (collectively, "FC") I am 18 years of age or older. I am entering this agreement on behalf of myself, my spouse or domestic partner, the Child, 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 (collectively, the "Releasing Parties").
__________I acknowledge and agree that the use of trampolines and the other equipment at the Flip City Facility is inherently and obviously dangerous. These risks include physical or emotional injury, paralysis, death, or damage to myself, the Child, and/or third parties, and the personal property of any or all such persons. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity, which I further agree is for recreational purposes and completely voluntary I acknowledge and agree that while the trampoline and other activities that take place at Flip City are monitored generally by Flip City Facility employees, it is not feasible for such employees to monitor the activities and actions of all customers at all times or all customers simultaneously. Furthermore, Flip City employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's health or abilities. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
__________I acknowledge and agree that I and the Child are participating voluntarily at our own risk, that the actions or activities of other customers, or the actions or inactions of Flip City employees, could cause me or the Child significant bodily injury (as described herein), and that FC is not responsible for the actions or activities of customers using the Flip City Facility or the negligence of its employees in supervising the Flip City Facility or its usage, including actions, activities, or omissions that result in such harm. Some of the risks include the following: (Note: This list of risks is illustrative only.)
a) Participants may suffer cuts, scrapes, bumps, bruises, the transmission of disease strains, and allergic reactions through use of the Flip City Facility equipment or contact with other participants or surfaces they have contacted. Participants may sprain, pull, break or otherwise seriously externally or internally injure their head, face (including nose and teeth/jaw), neck, torso, spine, arms, wrists, hands, legs, ankles, feet or other body parts as a result of falling off the trampoline(s) or other equipment, landing improperly on the trampolines or other equipment, or making contact with other participants. Such injuries can lead to paralysis, disfigurement or death. Participation may result in heat stroke, heart attacks, dehydration and other exertion-related medical events.
b) Participants often fall on each other resulting in broken bones and other serious injuries. Double bouncing, more than one person per trampoline, flipping, running and bouncing off of the spring floor, 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.
__________I acknowledge, accept, and assume the risk of any and all medical conditions, limitations, or disabilities (whether temporary or permanent) that I or the Child possess, whether known or unknown, which might contribute to or exacerbate any injury I or the Child might sustain as a result of using the Flip City Facility or any of its equipment. I acknowledge and agree that if medical assistance (of any form, including emergency care, hospitalization, out-patient care, and/or physical therapy) is required or performed as a result of any injury I or the Child sustains while using the Flip City Facility such assistance shall be at my own expense.
RELEASE OF LIABILITY The Releasing Parties hereby irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue FC, other persons using the Flip City Facility, and their successors, predecessors-in-interest, and insurers (collectively, the "Releasees") from any and all claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, attorneys' fees, damages, judgments and liabilities, of whatever kind or nature, in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, related to or arising, directly or indirectly, from my or the Child's use of the Flip City Facility and its equipment, the Child's and/or my entry into the Flip City Facility, the condition, maintenance, inspection, supervision, control or security of the Flip City Facility, the failure to warn of dangerous conditions in connection with the Flip City Facility, and/or the acts or omissions of FC or any of the Releasees, including without limitation any claim for negligence, failure to warn or other omission, property damage, personal injury, emotional injury, illness, bodily harm or death. In the event that any claim released herein is brought by, or asserted on behalf of, me or the Child, I shall indemnify, defend and hold harmless the Releasees, and any of them, from any loss or liability, including reasonable attorneys' fees, associated therewith or arising there from.
__________I agree and acknowledge that should FC or any other Releasee or anyone acting on their behalf be required to incur attorneys' fees and/or costs to enforce this agreement, I agree to indemnify and hold it or them harmless for and against all such attorneys' fees and/or costs.
__________ARBITRATION OF DISPUTES; TIME LIMIT TO BRING CLAIM: ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO MY OR THE CHILD'S USE OF THE FLIP CITY FACILITY 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 AND BE DETERMINED BY ARBITRATION IN YAVAPAI COUNTY, BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES (IF THE AMOUNT IN CONTROVERSY EXCEEDS $250,000) OR ITS STREAMLINED ARBITRATION RULES AND PROCEDURES (IF THE AMOUNT IN CONTROVERSY IS LESS THAN OR EQUAL TO $250,000). JUDGMENT ON THE 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 APPROPRIATE JURISDICTION. This Agreement shall be governed by, construed and interpreted in accordance with the laws of the state of Arizona, without regard to choice of law principles. I understand that by agreeing to arbitrate any dispute I am waiv