CAUTION. BY SIGNING THIS DOCUMENT, YOU HEREBY WAIVE CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO SUE
In exchange for Springs Adventure Park, LLC permitting the Participant(s) (including Minor Participants) to use the equipment and facilities of Springs Adventure Park, LLC (referred to as “participate” or “participation”), I hereby agree to the terms and conditions herein, including to release, indemnify and discharge Springs Adventure Park, LLC, as well as its agents, members, owners, shareholders, directors, employees, volunteers, manufacturers, other participants, affiliates, subsidiaries and all other related entities, successors and assigns, (cumulatively referred to as “Released Persons”) on behalf of myself, the Participant or Minor Participant, my spouse, my domestic partner, my children, my family members, heirs, assigns, personal representatives, trustees, and anyone acting on my behalf or on behalf of my estate as follows:
1) I acknowledge and agree that my participation entails inherent known and unknown risks that may result in serious physical injury, emotional injury, death, or damages to me, my property or to third persons and third persons’ property. I fully understand that there are known and unknown risks that cannot be reasonably eliminated from the activities. I voluntarily agree to participate and assume such risks, to include but not limited to using trampolines and other facilities on the grounds operated by Springs Adventure Park, LLC.
2) Some of the risks resulting from my voluntary participation include, but are in no way limited to, scrapes, cuts, bruises, serious injury to one’s person, sprains, breaks, muscle injuries, harm caused by medical conditions (identified in paragraph 5 hereunder), acts and omissions of other persons and other participants, and other serious injuries that have been suffered by previous participants as well as injuries that have not yet been sustained by previous participants. I fully understand and voluntarily accept and assume these risks as well as any risks that are unknown to me upon the signing of this Agreement including risks that may result in medical assistance, medical expenses, and medical emergencies.
3) I certify and promise that I have adequate insurance to cover any injury or damage that may be caused by my participation and suffered upon my person, my property or other persons. I agree to pay the entire costs associated with injury to or damage to myself, my property or other persons and their respective property.
4)I fully acknowledge and understand that the employees of the Released Persons may be negligent and reckless in supervising and maintaining equipment and facilities owned and operated by the Released Persons. I fully understand and accept the risk associated with employees’ negligence and recklessness that may or may not occur in the monitoring, supervising, and maintenance of the equipment and facilities owned and operated by the Released Persons.
5)I represent that I am in good health, in proper physical condition, and I do not have any medical or other conditions that would impair my ability to participate. I fully understand that the Released Persons lack knowledge of my medical and physical condition which may or may not result in an injury to myself or other persons and voluntarily assume the risk associated with my own medical and physical conditions. If at any time I believe conditions to be unsafe or that I am no longer in proper physical condition to participate, I will immediately discontinue further participation.
6) I voluntarily accept all obligations relating to all attorney fees incurred by the Released Persons in defending or enforcing the terms of this Agreement that are in any way related to my participation.
7) I will not initiate any claim, lawsuit, court action, or other legal proceeding or demand against the Released Persons, nor join or assist in the prosecution of any claim for money or other damages which anyone may have, on account of injuries (including death), losses, or damages sustained by me, other parties, or my (or others’) property in connection with my participation, and I waive any right I may have to do so. This means that I cannot sue to hold Released Persons responsible for any injury, loss, or damage sustained by me, other parties, or my (or others’) property in connection with my participation, even if it is due to the negligence, injudicious act, omission, or other fault of Released Persons. I waive my insurers’ right to make a claim against Released Persons based on payments by insurers to me or on my behalf for any reason. This means my insurers have no rights of subrogation against Released Persons. If I, or a representative on my behalf, file a claim or any legal action against the Released Persons, I agree that the substantive law and procedural law of the State of Colorado shall apply in that action. I agree that if any portion of this Agreement is found to be unenforceable or void for any reason, the remaining portions shall remain in full force and effect.
8) I agree to allow all Released Persons to photograph and otherwise record my participation for all purposes including advertising in any manner and in all media, without restriction, to include but not limited to world wide web sites relating to the Company and my participation, and I voluntarily waive any right to inspect or approve the photograph or the use thereof without compensation. I agree that all photographs and recordings are the exclusive property of the Released Persons and that I waive all right to inspect and approve the use of the photographs and recordings.
9) I agree that if the Participant is a minor (“Minor Participant”), as determined by Colorado state law, this Release of Liability and Assumption of Risk Agreement is made on behalf of that minor Participant and the releases, waivers and promises contained herein are binding on the minor Participant and that I have full authority as a parent or legal guardian to bind the minor Participant to this Agreement without limitation. In the event of a Minor Participant, all references in this Agreement to “I,” “me,” “my” or other first-person tenses shall refer to the Minor Participant.
10) I voluntarily release, discharge and agree to defend, indemnify and hold harmless the Released Persons from any and all claims, demands, causes of action, lawsuits or any other legal proceeding however caused which are in any way connected to or related to my participation in the use of the facilities and grounds owned and operated by the Released Persons, including all claims that allege negligent or reckless acts and omissions of the Released Persons and all claims which allege negligent or reckless acts or omissions of other persons.
11) Nothing in this Agreement shall constitute an admission of liability by any party. This Agreement and actions taken hereunder may not be interpreted or construed as an admission by any party of any liability or wrongdoing whatsoever or the validity or liability of any legal theory or cause of action.
12) This Agreement shall be binding on me, my personal representatives, spouse, assigns, heirs, next of kin, or anyone who claims through me in a direct or indirect capacity. This document constitutes the entire agreement between Springs Adventure Park, LLC and me and supersedes any previous or contemporaneous discussions or agreements between us in respect of these matters.
13) I agree that if a dispute or claim of any kind shall be pursued against a Released Person, the same shall be pursued in the State of Colorado, County of El Paso.
14) I agree that an inherent risk of exposure to COVID-19 exists in any public place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and death. According to the Centers for Disease and Prevention, senior citizens and guests with underlying medical conditions are especially vulnerable. By visiting Springs Adventure Park, you voluntarily assume all risks related to exposure to COVID-19.
By signing this Agreement, I acknowledge that if anyone is injured or property damaged during my participation or use of the facilities owned or operated by the Released Parties, that I have voluntarily waived my rights, to file or otherwise maintain a lawsuit against any Released Persons. I have had sufficient opportunity to read this entire Agreement. I have read this entire Agreement. I understand this entire Agreement and voluntarily agree to be bound by its terms without limitation.