In consideration of participating in inflatable activities, soft play activities, and for other good and valuable consideration, I hereby agree to release and discharge from liability arising from negligence DeLo Party Services and its owners, directors, officers, employees, agents, volunteers, participants, and all other persons or entities acting for them (hereinafter collectively referred to as "Releasees"), on behalf of myself, my children, my guests, my guests' children, parents, heirs, assigns, personal representative, and estate, and also agree as follows:
1. I acknowledge that inflatable activities and soft play activities involve known and unanticipated risks that could result in physical or emotional injury, paralysis or permanent disability, death, and property damage. Risks include, but are not limited to, broken bones, bruises, and other bodily injuries caused by falls or contact with walls, floors, or other participants; medical conditions resulting from physical activity; and damaged clothing or other property. I understand such risks simply cannot be eliminated, despite the use of safety equipment, without jeopardizing the essential qualities of the activity.
2. I expressly accept and assume all the risks inherent in this activity or that might have been caused by the negligence of the Releasees. My participation in this activity is purely voluntary, and I elect to participate despite the risks. In addition, if at any time I believe that event conditions are unsafe or that I am unable to participate due to physical or medical conditions, then I will immediately discontinue participation.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless the Releasees from any claims, demands, or causes of action that are in any way connected with my participation, my children's participation, my guests', my guests' children's participation in this activity, or my use, my children's use, my guests' use, my guests' children's use of their equipment or facilities, arising from negligence. This release does not apply to claims arising from intentional conduct. Should the Releasees or anyone acting on their behalf be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
4. I represent that I have adequate insurance to cover any injury or damage I may suffer or cause while participating in this activity, or else I agree to bear the costs of such injury or damage myself. I further represent that I have no medical or physical condition which could interfere with my safety in this activity, or else I am willing to assume - and bear the costs of all risks that may be created, directly or indirectly, by any such condition. The Releasees are not held responsible for any injury that arises while any guest participates in this activity. The Releasees are not held responsible for any medical costs to cover injury or damage for any guest who participates in this activity.
5. In the event that I file a lawsuit, I agree to do so solely in the state where the Releasees' facility is located and further agree that the substantive law of that state shall apply.
6. 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.
By signing this Agreement, I agree that if I am hurt or my property is damaged during my participation in this activity, then I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being released based on any negligence claim.
I have had sufficient time to read this entire Agreement and, should I choose to do so, consult with legal counsel before signing. I have read and understood this document, and I agree to be bound by its terms.
