THE BOUNCE PLACE PARTICIPANT AGREEMENT, ACKNOWLEDGMENT AND ASSUMPTION OF RISKS & RELEASE AND INDEMNITY AGREEMENT

For review, completion and signing by adult visitor

and/or parent or legal guardian of one or more minor visitors

THIS DOCUMENT CONTAINS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.

Please read this entire Participant Agreement, Acknowledgment and Assumption of Risks & Release and Indemnity Agreement (hereafter “Document”) carefully before signing. All visitors to The Bounce Place facility (hereafter “facility”) 18 years of age or older (hereafter sometimes “adult visitor”) must sign this Document. For visitors under 18 years of age (hereafter (singular or plural) sometimes “minor” or “child”), one of the visitor’s parents or legal guardians (hereafter sometimes collectively “parent”) must sign. If I am a parent, I am entering into this Document for myself (“parent” or “myself” includes acting on behalf of my non-signing spouse (if any)), and, if my child is a minor, on behalf of my minor child. “Visitor” refers to a person who visits the facility and/or premises.

In consideration for me and/or my child being permitted to visit the facility and participate in the Activities provided by The Bounce Place, LLC (Colorado and California), The Bounce Place at Boulder Inc, and The Bounce Place DPO Inc., and their owners, members, managers, officers, directors, employees, agents, representatives, volunteers, facility operators, and all other persons or entities affiliated with it or acting on its behalf (hereafter individually and collectively “The Bounce Place”), I (adult visitor and/or parent of a minor visitor) acknowledge and agree as follows:

ACTIVITIES, RISKS, AND ACKNOWLEDGMENT AND ASSUMPTION OF RISKS

Visiting the facility and/or premises, whether attending, observing, assisting with, actively participating in Activities and/or permitting my child to do so, includes risks. Activities include, but may not be limited to: access to inflatables, including all bouncy houses and jumpy castles (collectively, “inflatables”); jungle gym and playground access, including sliding, climbing, swinging, and crawling on, in, out and through a variety of play structures, foam pits, and climbing grips; assisting other visitors with any Activities; and any use of The Bounce Place’s facility, indoor or outdoor premises, or equipment (collectively referred to in this Document as “Activities”). Although The Bounce Place staff may be assisting with and observing various Activities, The Bounce Place staff are not directly supervising visitors. These Activities occur in an unsupervised environment. I acknowledge that the inherent and other risks, hazards, and dangers (collectively referred to in this Document as “risks”) of the Activities can cause injury, damage, death or other loss to the visitor or others. The parent of a minor visitor gives permission for his/her child to participate in all Activities and agrees to discuss the nature and risks of the Activities with their child.

I UNDERSTAND THAT THE RISKS INCLUDE, WITHOUT LIMITATION:

1. Personal health.  Visitor’s mental, physical or emotional condition (including use or abuse of alcohol or any prescription or non-prescription drugs), disclosed or undisclosed, known or unknown, combined with participation in the Activities, includes risks. The Bounce Place cannot anticipate or eliminate risks or complications posed by visitor’s mental, physical (including fitness level), or emotional condition;
2. Decision-making and conduct.  Risks associated with decision-making, judgments, and warnings are often based on a variety of perceptions and evaluations, which by their nature are imprecise and subject to error. Among other things, these include the risk that the visitor, a Bounce Place staff member, or another person may misjudge an individual’s capabilities, health, or fitness level or first aid treatment or injury; be otherwise inattentive or distracted; fail to successfully assist a visitor in an emergency situation; provide inaccurate information in a safety briefing or misjudge how best to react in certain circumstances;
3. Inflatables.  Risks associated with inflatables include landing wrong; landing on or being landed on by another visitor; colliding with other visitors; attempting stunts that are beyond the visitor’s capacity; landing on a hard surface; failure of the inflatable’s surface, attachments, or padding (including missing or misplaced padding); the over-inflation or deflation of the inflatable; overloading or crowding of the inflatable; slipping or falling partway to the ground; improperly positioned inflatable; loss of grips on a climbing hold; flipping, running, somersaults, or double bouncing (more than one person on an inflatable); rough play, wrestling, or kicks; bouncing off walls or the inflatable itself; entrapping a body part under any component of the inflatable; being struck in the face, head or elsewhere by an object; and overexertion in jumping;
4. Playground.  Risks related to indoor playground equipment include landing wrong; entanglement or entrapment; protrusions; steep drops; skin burns or injuries from slides and other attractions; colliding with other visitors or equipment; slipping, tripping or falling a large distance; and rope burns, pinches, jolts, splinters or swaying;
5. Equipment or structures.  Whether a visitor is engaged in inflatables, playground, or other Activities, the risk that equipment or gear (e.g., flooring, anchors, or padding) or structures (e.g. inflatables or playground elements) may be misused or may break, fail or malfunction;
6. Physical Activities. Risks from participating in physically exerting Activities, including the risk that a visitor may overestimate his/her abilities or fitness; be inattentive; lose control and trip or fall and/or collide with others; not control his/her speed; experience anxieties and fears associated with heights; and the risks of experiencing weakness or sustaining injury while, for example, engaging in repetitive arm and leg movements, bending, walking, riding, grabbing, twisting, pulling, lifting, running, jumping and climbing;
7. Interactions with people. Risks associated with interactions with, and reliance on, The Bounce Place staff, other visitors, or unknown third parties, including the careless or reckless behavior of other people; visitor’s or another visitor’s failure to follow rules and policies related to any Activities; collisions with children and other visitors; the possibility of inadvertent touching or unwanted sexual advances; and personal disclosure and/or interaction with others;
8. Free and Independent time.  Although The Bounce Place staff may be assisting with and observing various Activities, The Bounce Place staff are not supervising visitors. The attending parent is responsible for supervising his or her attending child at all times, and visitors, whether minor or adult (and whether or not accompanied by a parent), are responsible for their own conduct and behavior. In the case of a party or summer camp, all minor visitors must have a parent or appointed adult present who is responsible for supervising the visitor;
9. Facility and premises.  Risks in accessing and using The Bounce Place’s facility and premises include frequent vehicle activity and traffic and/or drivers that may be careless and/or inattentive; ruts; curbs; stairs; slippery surfaces or other hazards; poor indoor or outdoor lighting conditions; and risks specifically associated with ingesting food and drink provided by the visitor or by The Bounce Place including choking, allergic reactions, ingesting items that may be too hot and/or developing food-borne illnesses.
10. That when visiting the facility or premises, I am responsible for my and my child’s conduct and actions at all times;
11. To be familiar with and abide by all The Bounce Place rules, policies, and signage, including those posted in the facility and on the website and those that are verbally provided by The Bounce Place staff. The parent agrees to discuss with his/her participating child The Bounce Place rules, policies, and signage before the minor participates in any Activities;
12. To immediately notify The Bounce Place staff if I become aware of, or observe any hazard or potentially dangerous condition;
13. That I am and/or my child is in good health and proper physical condition to participate in Activities; and agree that I (whether or not in conjunction with my and/or my child’s physician) am responsible for determining whether the Activities are appropriate for me/my child before I/my child participate. I agree I/my child will not consume or be under the influence of any alcohol or chemical substance during the Activities, with the exception of prescribed medication that does not adversely affect participation;
14. To disclose to The Bounce Place any mental, physical or emotional conditions or limitations which may affect visitor’s ability to participate in any Activities, and represent that visitor is fully capable of participating without harming him/herself or others;
15. To inform The Bounce Place staff of any injury (whether minor or serious) before leaving the premises;
16. The Bounce Place representatives are available if I have further questions about the Activities or the associated risks;
17. The information provided above is not complete, other unknown or unanticipated Activities, risks, and outcomes may exist, and The Bounce Place cannot assure visitor’s safety or eliminate any of these risks; at all times, visitors share in the responsibility for their own well-being;
18. Visitor is voluntarily participating with knowledge of the risks. Therefore, visitor (and parent of a minor) assumes and accepts full responsibility for the inherent and other risks (known and unknown, identified or not) of the Activities and for any injury, damage, death or other loss suffered by visitor (and parent of a minor) resulting from those risks, including the risk of visitor’s own negligence or other misconduct.
19. To release and agree not to sue The Bounce Place, with respect to any and all claims, liabilities, suits or expenses (including attorneys’ fees and costs) (hereafter collectively “claim” or “claim/s”) for any injury, damage, death or other loss in any way connected with my/my child’s participation in the Activities, including use of the facility, premises or equipment. I agree to waive all claim/s I or my child may have against The Bounce Place, legally bind my/my child’s estate and any family member, heir, or other party bringing claim/s and agree that neither I, my child, nor anyone acting on my or my child's behalf, will make a claim against The Bounce Place as a result of any injury, damage, death or other loss suffered by me or my child;
20. To defend, hold harmless, and indemnify (“indemnify” meaning protect by reimbursement or payment) The Bounce Place with respect to any and all claim/s:
    1. brought by or on behalf of me, my child, spouse or other family member/s, or my/my child’s heir/s or estate for any injury, damage, death or other loss in any way connected with my/my child’s participation in the Activities, including any use of the facility, premises or equipment; and/or
    2. brought by another visitor or any other person for any injury, damage, death, or other loss to the extent caused by my/my child’s conduct in the course of participating in the Activities, including any use of the facility, premises or equipment, or brought by a medical care provider, insurer, or other third party as a result of medical or other care or services provided to the visitor before, during, or after the visitor’s visit to the facility and premises, including transportation and evacuation costs. 
21. This Document includes claim/s of or resulting from The Bounce Place’s negligence (but not its willful or wanton misconduct), and includes claim/s for personal injury or wrongful death (including claim/s related to emergency, medical, drug and/or health issues, response, assessment, or treatment), property damage, loss of consortium, breach of contract, or any other claim.
22. I understand that The Bounce Place staff reserve the right to dismiss the visitor from any Activities, or from the entire facility, if staff believe, in their sole discretion, the visitor presents a safety concern or medical risk, is disruptive, violates any rules or policies, or otherwise conducts him or herself in a manner detrimental to The Bounce Place or other visitors.
23. I authorize The Bounce Place staff or other medical personnel to obtain or provide first aid or medical care for me/my child, to transport me/my child to a medical facility, and/or to provide treatment they consider necessary for my/my child's health. I agree to the release (to or by The Bounce Place) of any records necessary for treatment, referral, billing, or insurance purposes. I agree to pay all costs associated with such care and/or transportation, including medical and/or airlift evacuation and associated expenses.
24. I authorize The Bounce Place and/or its agents and designees, to photograph, film, record and/or otherwise capture the name, image, voice, verbal or written statement, group journal or electronic entry, video, photograph and/or visual likeness of me, my child and/or my other family members (collectively “images”), without compensation, for use in any media throughout the world in perpetuity, including for sale, reproduction or display on the internet (including The Bounce Place’s website, Instagram page, or other social media or web interface), in publications and/or for any informational, promotional, educational, audiovisual, exhibition, editorial, or other use in any manner that The Bounce Place desires. These images are the sole property of The Bounce Place and I waive any inspection or approval rights.
25. The Bounce Place is not responsible for a visitor’s lost, stolen or damaged personal property. The Bounce Place provides unsecured cubicles for shoes, coats, and personal items. In addition, a visitor may, in The Bounce Place’s sole discretion, be held responsible for damage to The Bounce Place’s facility, premises, equipment or property.
26. I agree that Colorado substantive law (without regard to its “conflict of laws” rules) exclusively governs this Document, any dispute I/my child have with The Bounce Place, and all other aspects of my/my child’s relationship with The Bounce Place, contractual or otherwise. I also agree that any legal proceeding must be filed only in the state court located in the County of Arapahoe, Colorado, which will be the sole jurisdiction and venue for any legal proceeding relating to or arising out of the Activities, this Document, or otherwise. Before filing a lawsuit, I agree to first attempt to settle any dispute (not settled by discussion) through mediation before a mutually acceptable Colorado mediator.
27. If my status as a minor visitor’s parent is challenged or found invalid, I will release, agree not to sue, and defend and indemnify The Bounce Place to the fullest extent allowed by law and per the provisions of this Document, just as if I were the visitor’s legal parent.
28. The Bounce Place reserves the right to review forms of identification to verify identity and age.
29. This Document is intended to be interpreted and enforced to the fullest extent allowed by law. If a court or any other appropriate authority finds any portion of this Document to be invalid, all other portions of this Document will remain in full force and effect and binding upon the parties.
30. This Document is effective in regard to visitor’s participation in all Activities from the date signed until a subsequent The Bounce Place Participant Agreement, Acknowledgment and Assumption of Risks & Release and Indemnity Agreement is signed by adult visitor (and/or parent, if visitor is a minor) and shall remain in full force and effect for all Activities completed by the visitor up until that point.

These risks can result in visitors: falling partway or to the ground; being struck by, colliding with or impacting objects, people, or vehicles; being suspended or entrapped; reacting to increased exertion; becoming lost or disoriented; suffering gastro-intestinal complications or allergic reactions or experiencing other problems. These and other circumstances may cause dehydration; heart or lung complications; broken bones; paralysis or other permanent disability; mental or emotional trauma; concussions; illnesses (including contracting food-borne or contagious diseases); infections; cuts or wounds; or other injury, damage, death or loss.

I (adult visitor and/or parent of a minor visitor) acknowledge and agree:

Release and Indemnity Agreement

Please read carefully. This Document contains a surrender of certain legal rights. I (adult visitor and/or parent, for myself and for and on behalf of my participating minor child) agree as follows:

Other Provisions

I (adult visitor and/or parent of a minor visitor) acknowledge and agree:

ADULT VISITOR AND/OR PARENT OF A MINOR VISITOR AGREE: I HAVE CAREFULLY READ, UNDERSTAND, AND VOLUNTARILY SIGN THIS DOCUMENT AND ACKNOWLEDGE THAT IT SHALL BE EFFECTIVE AND LEGALLY BINDING UPON ME, MY SPOUSE, MY MINOR VISITOR CHILD AND OTHER CHILDREN, AND VISITOR’S/PARENT’S OTHER FAMILY MEMBERS, HEIRS, EXECUTORS, REPRESENTATIVES, SUBROGEES, ASSIGNS, AND ESTATE.

ADULT VISITOR MUST SIGN BELOW. IF VISITOR IS A MINOR (THOSE UNDER 18 YEARS OF AGE), ONE OF THE VISITOR’S PARENTS OR LEGAL GUARDIANS MUST SIGN BELOW. 

I understand that my signature is valid and legally binding whether I choose to electronically sign, or manually sign a printable version of this Document. 

You must be 18 years old or older to sign this Document.

You must be the Parent or Legal Guardian to complete and sign this Document for and on behalf of a minor visitor (those under age 18). 

The Parent or Legal Guardian signs below, both in his or her capacity as a visitor (if applicable) and as the Parent or Legal Guardian of any participating minor visitor identified below.