Waiver

Waiver2018-11-06T10:45:47+00:00

ALL PARTICIPANTS OF ANY EVENT OR ACTIVITY HOSTED BY, AFFILIATED WITH, OR INCLUDED IN THE REGISTRATION PROCESS FOR THE SERVICES PROVIDED BY THE INFLATABLE FESTIVAL, LLC ARE REQUIRED, AS A CONDITION FOR PARTICIPATION IN ANY SUCH EVENT OR ACTIVITY, TO ASSUME ALL RISKS OF PARTICIPATION BY AGREEING TO AND SIGNING, EITHER ELECTRONICALLY OR PHYSICALLY, THESE TERMS OF SERVICE, WAIVER OF LIABILITY, ASSUMPTION OF RISK, COMPLETE RELEASE OF LIABIITY, AND CONSENT TO PUBLICITY (“AGREEMENT”). THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS TO RECOVERY DAMAGES SHOULD YOU BE HARMED OR INJURED. PLEASE READ IT CAREFULLY. ACCEPTANCE OF THIS AGREEMENT INDICATES THAT YOU HAVE READ AND UNDERSTOOD ITS TERMS.

THIS RELEASE INCLUDES A COMPLETE WAIVER OF MY RIGHT, AND THE RIGHT OF MY NEXT OF KIN, HEIRS OR ASSIGNS TO SEEK DAMAGES FOR LOSSES SUSTAINED AS A RESULT OF MY PARTICIPATION IN THIS RECREATIONAL ACTIVITY, INCLUDING MY DEATH OR INCAPACITY, ILLNESSES, INJURIES, DAMAGES, EXPENSES OR OTHER LOSSES I MAY SUFFER, WHETHER TO MY PERSON OR MY PROPERTY, ARISING OUT OF, CONNECTED WITH, OR IN ANY WAY ASSOCIATED WITH MY PARTICIPATION IN THE ACTIVITIES DESCRIBED HEREIN.

I UNDERSTAND THAT A PRIMARY PURPOSE OF SIGNING THIS DOCUMENT IS TO INDEMNIFY, EXEMPT AND RELEASE THE INFLATABLE FESTIVAL, LLC AND ITS OWNERS, DIRECTORS, EMPLOYEES, AGENTS, AND OTHER ASSOCIATED PERSONNEL, HEREINAFTER REFERRED TO AS “RELEASED PARTIES”, AND TO HOLD THESE ENTITIES HARMLESS FROM ANY AND ALL LIABILITY FOR ANY ACTS OR OMISSIONS ON THEIR PART, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OF ANY TYPE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

  1. Events. The Released Parties have arranged for your participation in some or all of the events (“Events”) which may include any or all of the following: a Fun Run and fair as described as all-ages family event featuring a 5k inflatable obstacle course plus fun games, shows, and attractions in the festival area. incorporated herein by reference thereto. The Participant (herein referred to as “Participant” “I” or “me” or “my”) wishes to voluntarily participate in the Events for which Participant has paid, and by such participation and payment as provided for in this Agreement, hereby agrees to be bound by and subject to the terms and conditions of this Agreement.
  2. Reservations. Participant acknowledges that all reservations must be made the online ticketing platform or at the event. Participant agrees to pay a handling fee of $5.00 for packets submitted to the Released Parties on the day of the scheduled Event in which the Participant intends to participate. The Released Parties do not accept reservations for any Events through any of the following channels: email, social media, text messages. All scheduled Event dates are submit to change.
  3. Payment Types. Credit Card/Non-Cash Payments: the Released Parties accept Visa, MasterCard, American Express and Discover. You may make credit card payments over the phone or in person. Participants using credit or debit cards agree to all terms and conditions contained herein and agree to waive all chargeback rights. All accounts not paid in full or for which a completed packet has not been turned in to the Released Parties by the time of the Events are subject to cancellation.
  4. Refunds. All Events are held rain or shine. Should an Event be rescheduled due to unforeseen circumstances, no refunds will be permitted. Under no circumstances shall a refund or credit be provided to a Participant who does do not show up at all for an Event, if the Participant does not complete an Event or leaves early, or if an Event is stopped early for safety or other reasons by the Released Parties. Charges and fees for products, services, attractions or excursions in connect with the Events are non-refundable. Other non-refundable fees include, but are not limited to: returned check fees of $35 per occurrence, processing fees, and transfer fees.
  5. E. Changes/Transferability. Changes in Participant reservations are permitted whenever possible, at the sole discretion of the Released Parties, subject to a change fee to be communicated to Participant and charged at the time of such change. Transfer of reservations to a different person is permitted, at the sole discretion of the Released Parties, provided that the transferee agrees to the terms of this Agreement, provides a completed packet to the Released Parties, and pays a transfer fee to be communicated to Participant and charged at the time of such transfer. Contact The Inflatable Run as soon as possible to request a name change or transfer. If a name change or transfer cannot be accommodated, the refund policy outlined in Paragraph D, above, will apply.
  6. Last Minute Reservations. Reservations will be accepted up to the day of the scheduled Events as long as space is available. The Released Parties reserve the right to require certified funds from Participants for reservations made within three (3) days of the scheduled Events. Participant agrees to pay a handling fee of $5.00 for all reservations made or packets turned into the Released Parties on the day of an Event in which Participant intends to participate.
  7. Participant Service/Assistance. Please email info@theinflatablerun for all inquiries or Participant service. Failure to correspond with the Participant service department within 30 days of the Events date to which a concern or complaint relates will result in a waiver and release of the Released Parties from any and all claims and liability.
  8. Right to Remove Participant. Participant agrees to abide by all directives and instructions communicated to Participant by the Released Parties, whether written, electronic or verbal, which are meant to ensure the safety of Participant and others , including the rules provided to Participant in the registration packet, which are incorporated fully herein by reference thereto. This includes the no pet policy. Participant hereby acknowledges that the Released Parties reserve the right to remove a Participant from the Events for any reason. Removal may occur due to the Participants’ unruly or disruptive behavior, violation of any federal, state or local laws, or if, in the sole judgment of the Released Parties, the Participant constitutes a danger to himself/herself or others. Any such removed Participant will not receive a refund for the remaining portion of the Events.
  9. Cleaning and Damage Charges. Participant agrees to reimburse the Released Parties for any and all damages actually or proximately caused by Participant during or in connection with the Events. For purposes of this Paragraph, Participant authorizes the Released Parties to charge Participant’s debit or credit card account for any such charges.
  10. First Aid. Any trauma, medical condition or accident will be handled by local emergency personnel, whose response time the Released Parties cannot control. The Released Parties’ staff cannot give medical advice or anticipate complications from an injury (whether the injury is minor or major) or other medical condition. By entering into this Agreement, Participant agrees not to hold the Released Parties responsible for any injuries or other medical conditions which Participant sustains as a result of Participant’s participation in the Events. Participant hereby and forever releases, waives, discharges, holds harmless and agrees to indemnify The Released Parties from and against all claims, including third party claims, actions, injuries, or losses which may arise or occur during, in connection with, or related to the Events.
  11. Duty of Care/Assumption of Risk.

I UNDERSTAND THAT THERE ARE INHERENT AND POTENTIALLY HAZARDOUS RISKS INVOLVED WITH THE EVENTS, including but not limited to the use of colored powder in the air and on various surfaces during the Events, wild animals in or near the Event locations, insects, acts of fellow participants or third parties, slips, falls, contact with other participants or third parties, negligent or wanton acts of other participants or third parties, any defects or conditions of the premises, the effects of the weather including high heat, cold temperatures, high winds, darkness, and storms and/or humidity. ON MY BEHALF (OR ON BEHALF OF MY MINOR CHILD) I HEREBY ASSUME ALL RISKS, KNOWN OR UNKNOWN, WHETHER FORESEEABLE OR NOT, WHILE PARTICIPATING IN ALL ACTIVITIES ARISING FROM OR IN CONNECTION WITH THE EVENTS.

Participant warrants that he or she (or his or her minor child) is physically fit to participate in the Events described herein and incorporated by reference hereto, and agrees that Participant shall be solely responsible for making this assessment. Participant further acknowledges that it is Participant’s responsibility to have his or her medical condition and level of fitness assessed by a doctor prior to participating in the Events.

  1. Consent to Treatment. I hereby authorize any medical treatment reasonably necessary for any injury or medical condition which I may sustain or suffer while participating in, in connection with, or related to the Events. Participant warrants that he or she has adequate medical insurance or, in the absence of such insurance, agrees to pay all costs of rescue and/or medical services which may be incurred by Participant during, in connection with, or related to the Events.
  2. Consent to Publicity. I grant permission to the Released Parties to use any photographs, motion pictures, recordings or any other record of my participation in the activities described herein for any purpose, including, but not limited to, promoting, advertising, marketing purposes, and otherwise publishing my participation in or near the Events. Any and all photographs, motion pictures, recordings or other records of my participation are the sole property of the Released Parties and may be used without compensation. I hereby waive and release any claim or rights I may otherwise have arising out of such use, publication, or distribution.
  3. No Warranties. I have had ample opportunity to carefully read this contract in its entirety, fully understand its contents, and agree to the terms and conditions of this contract on behalf of myself, my heirs, and my personal representatives. This document constitutes the final and entire agreement between the Released Parties and the undersigned. There are NO WARRANTIES expressed or implied, which extend beyond the description of the activities or Events described in this Agreement. THIS IS A COMPLETE RELEASE OF LIABILITY AND A LEGALLY BINDING CONTRACT.
  4. Binding Arbitration. I agree that any dispute concerning, relating, or referring to this Agreement, the aforementioned website or any other literature concerning the Events, including interpretation and enforcement of this Agreement, shall be resolved exclusively by binding arbitration in the State of California, County of San Diego, according to the then existing commercial rules of the American Arbitration Association. Such proceedings will be governed by the substantive laws of the State of California.
  5. Waiver of Right to Jury Trial. In connection with any action or legal proceeding arising out of this Agreement, the parties hereby specifically and knowingly waive any rights that either party might have to demand a jury trial.
  6. Exclusive Governing Law & Exclusive Jurisdiction. If the right to seek arbitration is for any reason waived by both parties or otherwise found invalid, this Agreement and any actions and proceedings brought hereunder shall be governed by the laws of the State of California, without regard to conflicts of law principles. Any action or legal proceeding to enforce any provision of, or based on any rights arising out of, this Agreement shall be brought exclusively in the courts of California, County of San Diego, and the parties hereto hereby consent to the exclusive jurisdiction of such courts and of the appropriate appellate courts in any such action or legal proceeding and waive any objection to venue or jurisdiction in such courts.
  7. Severability. The invalidity or unenforceability of any part of this Agreement, or the invalidity of its application to a specific situation or circumstance, shall not affect the validity of the remainder of this Agreement, or its application to other situations or circumstances.
  8. Waiver. Any failure by either party at any time, or from time to time, to enforce or to require the strict keeping and performance of any of the terms and conditions of this Agreement shall not constitute a future waiver of any such terms or conditions and shall not affect or impair such terms and conditions in any way or the right of such party at any time to avail itself of such remedies as it has for the future breach or breaches of such terms and conditions.
  9. Exclusivity. Except as otherwise expressly provided to the contrary, the rights and obligations herein granted and this Agreement are for the exclusive benefit of the parties hereto.
  10. Headings. All headings are for convenience only and shall not affect the meaning of any provision of this Agreement, except the recitals contained at the beginning of this instrument shall be incorporated into the body of this Agreement and considered material terms of this Agreement.
  11. Responsibility. Participant hereby agrees to accept and be legally bound by this Agreement and all of the warranties, terms and conditions contained herein with no exceptions. Participant understands that THE INFLATABLE FESTIVAL LLC and its affiliates host the Events and do not own, control, or operate any entity or individual which provides goods and services during the Events, and are not responsible for the acts, errors, or omissions of such entities or individuals. The Released Parties are not responsible for printing errors or forged signatures.
  12. Interpretation. Participant agrees that this Agreement shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
  13. Assignment. The Released Parties may freely assign their rights and obligations provided for in this Agreement and their rights and benefits shall inure to the benefit of their successors and assigns. The Participant’s rights and obligations provided for herein may not be assigned except by written consent of the Released Parties.
  14. Rules of Participation. Participant agrees to adhere

ACKNOWLEDGEMENTS

*BY CHECKING THE BOX, I CERTIFY THAT IT IS MY INTENTION BY THIS INSTRUMENT TO GIVE UP MY RIGHT TO SUE THE RELEASED PARTIES REFERRED TO HEREIN, WHETHER SPECIFICALLY NAMED OR NOT, AND IT IS ALSO MY INTENTION TO EXEMPT AND RELEASE ALL RELEASED PARTIES AND TO HOLD THESE ENTITIES HARMLESS FROM ANY AND ALL LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE, WRONGFUL DEATH OR OTHER LOSSES CAUSED BY NEGLIGENCE OR GROSS NEGLIGENCE AND I ASSUME ALL RISK IN CONNECTION WITH THE EVENTS DESCRIBED HEREIN AND INCORPORATED HEREIN BY REFERENCE THERETO.

*BY CHECKING THE BOX, I CERTIFY THAT IT IS MY FURTHER INTENTION TO INDEMNIFY THE RELEASED PARTIES AS SET FORTH IN THIS AGREEMENT.

*BY CHECKING THE BOX, I CERTIFY THAT I DO NOT HAVE A DISABILITY WHICH WOULD PREVENT ME (OR MY CHILD, IF PARTICIPANT IS A MINOR) FROM PARTICIPATING IN THE EVENTS DESCRIBED HEREIN.

*BY CHECKING THE BOX, I CERTIFY THAT I DO NOT HAVE (OR MY CHILD DOES NOT HAVE, IF PARTICIPANT IS A MINOR) ANY OTHER CONDITION WHICH MIGHT AFFECT MY (OR MY CHILD’S) ABILITY TO PARTICIPATE IN THE EVENTS DESCRIBED HEREIN.

BY CHECKING THE BOX, I CERTIFY THAT I HAVE AGREED TO EXERCISE REASONABLE CARE DURING THE EVENTS AND HAVE ASSUMED THE RISK OF ANY INJURIES, INCLUDING DEATH, PROPERTY DAMAGE OR OTHER LOSSES AS SET OUT IN THIS AGREEMENT.

By checking the “I AGREE BOX,” or initialing and signing this instrument, I indicate that I have, on the date entered, read and understood this Agreement and that it affects my legal rights and agree to be bound by its terms. By AGREEING I signify my intention to relieve and indemnify the Released Parties from any liability for personal injury, property damage, wrongful death, or any other claims or losses which I might suffer during my participation in the scheduled Events. Furthermore, I acknowledge that I have read, understood and hereby agree to the terms and conditions of the Events set forth above and confirm I am executing this instrument on behalf of myself, my executors, administrators, heirs, next of kin, successors, and other agents. By checking the box, I agree to these terms.

PARENT/GUARDIAN CONSENT FOR MINORS UNDER 18 YEARS OLD:

This is to certify, as parent/guardian with legal responsibility for this participant, my minor child  is fully capable of participating in the Events.  I understand that participation in the activities described herein may be physically strenuous and potentially hazardous. After carefully reading this Agreement and considering these risks, I nevertheless wish my minor child to participate in the activities described herein, and I assume all risks and hazards incidental to my child’s participation. I hereby waive, release, absolve, indemnify, and agree to hold harmless the Released Parties for any injury to my child and from any and all claims, causes of actions, obligations, lawsuits, charges, complaints, controversies, covenants, agreements, promises, damages, costs, expenses, responsibilities, of whatsoever kind, nature or description, whether, direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, from all claims or liabilities of any kind arising out of or connected with my child’s participation. I consent to the foregoing and grant permission for my child to participate. I further grant permission for my child’s photographic image, video, and other recording to be used as set forth herein.

I hereby consent and agree to my child’s waiver, assumption of risk, and complete release of liability as provided above, and for myself, my child, all heirs, assigns, and next of kin. I release and agree to indemnify and hold harmless the Released Parties in connection with my child’s involvement or participation in the activities described herein, EVEN FOR INJURIES, DEATH, OR DAMAGES ARISING FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW. By checking the box, I agree to these terms.

 

Waiver
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