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Engaging in activities at a Pump It Up location entails a series of acknowledgments and agreements encapsulated in their Waiver, Release, Hold Harmless, and Indemnification Agreement. This document, a necessity for all participants before registration, is comprehensive and touches upon several key components necessary for understanding the rights, responsibilities, and risks involved. It opens with affirmations regarding the legal competence and relationship of the signing adult to the minor participant, followed by an explicit recognition of the risks involved in participation. These range from physical injuries to potential exposure to illnesses, including COVID-19. Participants are required to acknowledge their assumption of these risks, affirm their health insurance status, and agree to comply with safety protocols. A significant aspect of this agreement is the waiver of rights against the facility in the event of injury or damage, save for instances of gross negligence or willful misconduct by Pump It Up. Additionally, participants must agree to indemnify the facility against claims, agree to arbitration for disputes, and consent to the use of their likeness for promotional purposes. Moreover, the document includes a clause on the possibility of exposure to chemicals known to the state of California to cause cancer. Highlighting the legal intricacies, the waiver balances between ensuring participant awareness of inherent risks while protecting the establishment from potential liabilities, all within the framework of fostering a safe and enjoyable environment.

Document Example

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PUMP IT UP WAIVER, RELEASE, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT

THIS SECTION MUST BE READ THROUGH AND COMPLETED BY PARENTOR GUARDIAN OF PARTICIPANTBEFORE REGISTRATION.

As consideration for being allowed to enter the play area and/or participate in any party and/or program and/or event at Pump It Up, the undersigned, on his or her own behalf, and on the behalf of the minor participant, if any, identified below (the “Participant”), acknowledges, appreciates, understands, and agrees to the following:

1.I am at least 18 years old and am legally competent to understand and complete this Agreement. I hereby execute this Agreement without coercion. I represent that I am the parent or legal guardian of the Participant, if any, identified below. The Participant and I are of physical ability to participate and be present in this location.

2.I recognize, acknowledge, agree, and understand that there are known and unknown risks associated with presence in a Pump It Up location, participation in any Pump It Up activities (including without limitation parties, Pop-In Playtime, and Open Play), and the use of the play area, inflatable equipment, and any and all other Pump It Up equipment. These risks include but are not limited to: contusions, fractures, scrapes, cuts, bumps, paralysis, or death, as well as exposure to bacteria, fungus, viruses, unknown contagious diseases, and/or COVID-19.

3.I, for myself and the Participant, willingly assume any risks associated with our presence and participation and accept that there are also risks that may arise due to other participants, which I also willingly assume.

4.I certify that I have adequate insurance to cover any injury, sickness, illness, or damage that I or the Participant may cause or suffer while present in a Pump It Up location or while participating in any activities at Pump It Up, or if not, that I shall bear all costs and expenses associated with or arising out of any injury, sickness, illness, or damages to myself, the Participant, or others. I further certify that I am willing to assume the risk of any medical or physical condition the Participant or I may have.

5.I agree that the Participant and I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions from Pump It Up staff as conditions for our presence and participation in any activities of any nature at Pump It Up. I further consent to Pump It Up staff taking my or the Participant’s temperature, and I acknowledge that the Participant and I may

be denied access to or forced to vacate Pump It Up if either of us evidence any symptoms of sickness or illness, including, without limitation, symptoms of exposure to bacteria, fungus, viruses, unknown contagious diseases, or COVID-19.

6.I, for myself, the Participant, and our respective heirs, assigns, representatives, family members, estates, and next of kin, hereby waive, release, hold harmless, and indemnify the owner(s) of this Pump It Up facility, Pump It Up Holdings, LLC, and their respective predecessors, successors, parents, subsidiaries, affiliates, officers, members, directors, and employees (collectively, the

“Released Parties”) from and against any and all actual or alleged injuries, liabilities, or damages related to our presence or participation, except for those arising from the gross negligence or willful misconduct of the Released Parties.

7.I additionally agree to indemnify, hold harmless, and defend the Released Parties for, from, and against any defense costs or expenses arising from or related to any and all actual or alleged claims, injuries, liabilities, or damages related to our presence or participation, except for those arising from the gross negligence or willful misconduct of the Released Parties.

8.I understand that entry, by myself and the named Participant, into a Pump It Up location constitutes consent for Pump It Up to use any film, video, or likeness of me and the Participant for any purpose whatsoever, without payment to us.

9.The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.

10.Any controversy, dispute, or claim arising out of or related to this Agreement, which the parties are unable to resolve by mutual agreement, shall be settled exclusively by submission by

either party of the controversy, claim, or dispute to binding arbitration. The arbitration shall take place, at Pump It Up’s sole option, either in Phoenix, Arizona or within 25 miles of this Pump It Up location. The arbitration shall be before a single arbitrator in accordance with the rules of the American Arbitration Association then in effect. If, for whatever reason, the parties elect to not arbitrate a matter, each waive their right to a jury trial.

11.By signing this document, I acknowledge that I am voluntarily giving up important legal rights and that if anyone is hurt or property is damaged during our presence or participation in any activities, I may be found by a court or arbitrator to have waived my right to maintain a lawsuit or pursue damages on my own behalf and on behalf of the Participant against the Released Parties for any claim from which I may have released them in this Agreement.

Participant Name (please print):

Parent / Guardian Name (please print):

Parent / Guardian Signature:

Date:

Emergency Contact Number:

 

Email*:

*Email Guarantee: Pump It Up will only use your email address to send you exclusive offers, coupons, current events, and news.

We will never sell or otherwise share your email address.

WARNING: Some of the bounce houses in this location can expose you to chemicals which are known to the State of California to cause cancer. For more information, go to www.P65Warnings.ca.gov.

Updated May 2020 / Rev. 17

Form Attributes

Fact Number Description
1 Participants and their guardians must acknowledge the physical ability to participate in activities at Pump It Up.
2 Risks associated with participation include, but are not limited to, physical injuries and exposure to illness.
3 Participants and their guardians willingly assume all risks, known and unknown, associated with their participation.
4 Guardians must certify having adequate insurance to cover potential injuries or agree to bear the costs of such injuries.
5 Compliance with all rules, safety signs, and staff instructions is mandatory for participation.
6 Participants and their guardians waive the right to hold Pump It Up responsible for injuries, except those due to gross negligence or willful misconduct of Pump It Up.
7 Guardians agree to indemnify and hold harmless Pump It Up from defense costs or expenses arising from claims related to their participation.
8 Entry into Pump It Up gives consent for the company to use any film, video, or likeness of participants for any purpose without compensation.
9 The agreement includes an arbitration clause for dispute resolution and waives the right to a jury trial.

How to Fill Out Pump It Up Waiver

Filling out the Pump It Up Waiver form is an essential step to ensure that all participants are informed about the potential risks associated with indoor play areas and activities. This comprehensive document covers important legalities, including waivers, releases, and indemnifications, to protect both the participants and the facility. Following the correct steps to complete this form is crucial for a seamless experience at Pump It Up, and ensures that all legal requirements are met before participation in any activity. Here is a detailed guide on how to accurately fill out the waiver form.

  1. Ensure you meet the age requirement of being at least 18 years old and verify that you are the parent or legal guardian of the participant.
  2. Read the agreement carefully, acknowledging the physical ability of both you and the participant to engage in the activities provided by Pump It Up.
  3. Understand the risks associated with the participation in activities at Pump It Up, acknowledging that these risks can range from minor injuries to more serious incidents including exposure to illnesses.
  4. Confirm that you have adequate insurance coverage for any potential injuries or sickness that might occur during the activities, or acknowledge your responsibility to cover any costs without insurance.
  5. Agree to comply with all the terms, rules, and instructions provided by Pump It Up staff, and consent to possible health screenings for illness symptoms as required.
  6. Waive, release, and hold harmless all parties associated with Pump It Up from any claims or liabilities, except those arising from their gross negligence or willful misconduct.
  7. Agree to indemnify the released parties from any claims or damages related to your participation, again, except those arising from their gross negligence or willful misconduct.
  8. Acknowledge your consent for Pump It Up to use any photographs or videos taken during your presence in the facility for promotional purposes without compensation.
  9. Understand that should any part of this agreement be found invalid, the remaining parts will still be enforceable.
  10. Agree that any disputes related to this agreement will be resolved through arbitration, waiving your right to a jury trial unless arbitration is not selected.
  11. Print the participant’s name clearly in the designated area.
  12. Print your name (as the parent or guardian) clearly in the designated area.
  13. Sign your name in the space provided to indicate your agreement and understanding.
  14. Fill in the date of signing to document when you completed the form.
  15. Provide an emergency contact number where you can be reached.
  16. Include your email address in the provided space, understanding that it will be used by Pump It Up for sending offers, events, and news without sharing it with outside parties.

Completing the Pump It Up Waiver form accurately is vital for ensuring that all legal protections are in place for both the participant and the facility. It is a straightforward process that requires careful reading and acknowledgment of the terms. By following these steps, you will have taken the necessary precautions to participate in a fun and safe environment at Pump It Up.

Common Questions

Who needs to sign the Pump It Up Waiver form?

The Pump It Up Waiver form must be completed and signed by a parent or legal guardian if the participant is a minor. Adults who want to enter the play area or participate in activities themselves must also sign the waiver. It is a requirement for anyone wanting to participate in any parties, programs, or events at Pump It Up.

What are the risks mentioned in the waiver?

The waiver mentions various risks including physical injuries like contusions, fractures, scrapes, cuts, and even serious injuries such as paralysis or death. It also acknowledges the risk of exposure to bacteria, fungus, viruses, unknown contagious diseases, and COVID-19 as potential risks of being in a Pump It Up location and participating in activities.

Does signing the waiver affect my legal rights?

Yes, by signing the waiver, you are voluntarily giving up important legal rights. This includes waiving your right to hold Pump It Up responsible for any injuries, liabilities, or damages that occur as a result of your participation, except in cases of gross negligence or willful misconduct by Pump It Up. Additionally, you are agreeing to resolve any disputes through binding arbitration instead of in court.

What are my responsibilities as per the waiver?

As per the waiver, you are responsible for ensuring that you and the participant have adequate insurance to cover any injuries, illnesses, or damages that might occur. You also agree to comply with all Pump It Up rules and safety instructions, including the possibility of health screenings for illness symptoms. Furthermore, you consent to Pump It Up using images or videos of you or the participant for promotional purposes without compensation.

What happens if a part of the waiver is found to be invalid?

If any provision of the waiver is found to be invalid or unenforceable, it will not affect the validity and enforceability of the remaining parts of the waiver. All other sections remain in effect to ensure the agreement is upheld.

Can I still sue Pump It Up if something happens?

By signing the waiver, you generally waive your right to sue Pump It Up for any injuries, damages, or liabilities that happen due to your participation, with limited exceptions like gross negligence or willful misconduct on their part. Disputes are typically required to be settled through binding arbitration as outlined in the waiver, further limiting the likelihood of a lawsuit.

Common mistakes

Filling out a waiver form like the one from Pump It Up requires attention to detail and a thorough understanding of the agreement you're entering into. Here are seven common mistakes people make when completing the Pump It Up Waiver form:

  1. Skipping the fine print regarding the risks involved, such as injuries or exposure to illnesses, leading to a lack of awareness about what they're consenting to.

  2. Overlooking the requirement that the signer must be at least 18 years old and legally competent, which could invalidate the agreement if not met.

  3. Not verifying that they have adequate insurance to cover any injuries or damages, potentially leading to financial issues if an incident occurs.

  4. Failing to fully understand the terms of compliance with safety rules and Pump It Up staff instructions, which are critical for ensuring safety.

  5. Missing the section on temperature checks and health screenings, which could lead to surprises about access denial for health reasons.

  6. Ignoring the clauses on waiving rights to sue for injuries, liabilities, or damages, except in cases of gross negligence or willful misconduct by the facility.

  7. Omitting contact information, which is crucial for emergency situations and for receiving updates or exclusive offers from Pump It Up.

Furthermore, here are additional insights to keep in mind:

  • Ensuring all fields are properly filled out, especially the section about the participant's name and guardian's details, contributes to the waiver's validity.

  • Reading and understanding the waiver's segment about the arbitration agreement and waiver of jury trial rights, which significantly affects how disputes are resolved.

  • Taking note of the warranty regarding the use of personal information, especially email addresses, to set expectations about privacy and communication from Pump It Up.

By avoiding these mistakes, guardians can ensure a smooth experience at Pump It Up, keeping safety and legal considerations properly addressed.

Documents used along the form

When planning an event at Pump It Up or any similar venue that includes activities with inherent risks, it's essential to properly prepare not just with the Pump It Up Waiver form but also with other vital forms and documents. These additional forms play a critical role in ensuring a safe, organized, and fun event for all participants. Here's a look at some of the key documents often used alongside the Pump It Up Waiver form:

  • Participant Registration Form: Collects basic information about the participants, including names, ages, and any special needs or allergies, ensuring each participant is registered for the event.
  • Emergency Contact Information: Lists contact information for the parents or guardians of the participants, crucial in case of an emergency.
  • Photo Release Form: Grants permission to the venue to take and use photographs or video footage of the event and its participants for promotional purposes or memories.
  • Rules and Guidelines Acknowledgement: Outlines the venue's rules and safety guidelines and requires a signature to acknowledge that the participants and their guardians understand and agree to follow these rules.
  • Health Declaration Form: A document stating that the participant does not currently have, nor recently had, any communicable diseases, ensuring the safety and health of all attendees.
  • Equipment Rental Agreement: If applicable, outlines the terms and conditions for renting any additional equipment not provided by the venue but necessary for the event.
  • Food and Beverage Agreement: Details the policies regarding outside food and beverages or provides options for catering services offered by the venue or approved vendors.
  • Event Itinerary/Schedule: A detailed plan of the event's activities, helping to manage time efficiently and ensuring that all planned activities are carried out.

While the Pump It Up Waiver, Release, Hold Harmless, and Indemnification Agreement is fundamental in acknowledging and accepting the risks involved, these additional forms and documents contribute to a well-structured and safe environment for everyone involved. They help in organizing the event, managing risks, complying with health guidelines, and ensuring an enjoyable experience for all participants.

Similar forms

The Pump It Up Waiver form shares several fundamental characteristics with a Medical Consent Form. Both documents are designed to provide explicit permission, but in differing contexts— the waiver for participation in physical activities at a facility, and the medical form for receiving treatment or procedures. Central to each is the clear acknowledgment of inherent risks, whether they be related to physical activities leading to potential injuries like cuts, fractures, or exposure to illnesses in the case of the waiver, or the potential adverse effects and complications that can arise from medical treatments. Additionally, these forms typically require the signatory to affirm their understanding of these risks and agree to not hold the respective parties responsible for any resulting harms, unless such harm is explicitly due to negligence or willful misconduct on the part of the facility or medical professionals.

Another document akin to the Pump It Up Waiver is a Gym Membership Agreement, particularly the liability waiver section often embedded within. Both agreements necessitate the participant's acknowledgment of the inherent risks associated with physical activity—ranging from minor injuries to severe health issues or even death. By signing, individuals agree to assume full responsibility for any injuries or damages incurred, absolving the facility's management from liability. This parallels closely with the waiver at Pumpit Up, where participation in any activities equally demands an understanding and acceptance of similar risks, alongside a release for the facility from liabilities arising from injuries or damages.

A Liability Waiver for Outdoor Activities or Adventure Sports also reflects similarities with the Pump It Up Waiver. These documents are critical in scenarios where the activities involve a heightened level of risk (e.g., rock climbing, white-water rafting). They require participants to recognize specific dangers, including severe physical injury or death, and environmental risks (like exposure to harsh weather conditions or wild animals). Just as with the Pump It Up Waiver, participants are often asked to relinquish their right to hold the organizers or facility responsible for any injury or damage experienced, clearly marking an understanding that participation is at their personal risk.

Parental Consent Forms for Minors participating in school field trips or after-school programs share a conceptual foundation with the Pump It Up Waiver. Both are preventative legal measures that ensure guardians are informed about the activities their children will engage in, including the potential risks involved. They require a parent or guardian's signature to verify acknowledgment of these risks and agreement to not hold the organizing body liable for any incidents that may occur during participation. This underscores a parental willingness to allow their children to partake in certain activities under the specified terms.

The General Release of Liability Agreement, often encountered in various transactional or service contexts, also parallels the Pump It Up Waiver. Such agreements are broadly employed to safeguard service providers or sellers from lawsuits following an incident where a service receiver or buyer might experience harm or loss. By acknowledging the risks and agreeing to the release of liability, signatories waive their rights to sue the releasing party for any subsequent injuries, losses, or damages, akin to the waiver's provision for participants to release Pump It Up from similar liabilities.

An Equipment Rental Agreement Waiver bears resemblance as well, especially when the rental involves sports or recreational equipment. Renters must acknowledge the risks associated with the use of the equipment, which might include potential injuries from improper use or equipment malfunction. Similar to the Pump It Up Waiver, such agreements often include a clause where renters agree to release and hold harmless the rental company from any claims, liabilities, or damages that could arise from the use of the equipment, recognizing the intrinsic hazards involved.

Lastly, the Volunteer Agreement and Release Form used by non-profits and organizations for volunteer activities compares to the Pump It Up Waiver. Volunteers are often required to acknowledge the risks involved in the volunteer activities, which could range from physical injury to sickness. The form usually includes a release or indemnification clause, whereby the volunteer agrees to hold the organization harmless against any claims or liabilities arising from their volunteer participation. This mirrors the Pump It Up model, wherein participants accept the risks and legal responsibilities associated with their engagement in the activities provided.

Dos and Don'ts

When filling out the Pump It Up Waiver form, it's crucial to ensure the safety of all participants and adhere to the facility's requirements. Here are 10 essential dos and don'ts to guide you through the process:

Do:

  • Ensure that the person filling out the form is at least 18 years old and is the parent or legal guardian of the participant.
  • Read the agreement carefully to understand all the risks involved in participating in activities at Pump It Up, including the potential for injury and exposure to illness.
  • Consider your and the participant's physical condition, acknowledging any medical or physical conditions that could be affected by the activities.
  • Comply with all Pump It Up’s rules, safety signs, and staff instructions to ensure a safe environment for everyone.
  • Provide accurate emergency contact information and an email address for receiving exclusive offers and valuable information from Pump It Up.

Don't:

  • Sign the waiver without fully understanding the implications, including the waiver of legal rights in the event of injury or property damage.
  • Ignore the health guidelines and requirements, such as consenting to have yours and the participant’s temperature taken, to minimize the risk of spreading illness.
  • Forget to check for any updates to the waiver form or additional safety guidelines, especially concerning COVID-19 and other health advisories.
  • Overlook the arbitration agreement that outlines the process for resolving disputes, including the waiver of the right to a trial by jury.
  • Dismiss the importance of adequate insurance to cover any potential injuries or damages during participation in activities at Pump It Up.

Following these guidelines not only helps in filling out the waiver form correctly but also ensures a safer and more enjoyable experience at Pump It Up for both you and the participant.

Misconceptions

When parents and guardians face the documentation required for their children to participate in activities at places like Pump It Up, they can be overwhelmed or misunderstand the purpose and content of these forms. Specifically, the Pump It Up Waiver form is often subject to misconceptions, which can result in hesitancy or misinformation about what agreeing to such a document means. Below are six common misconceptions about the Pump It Up Waiver form, explained clearly to dispel any confusion.

  • Signing implies complete liability waiver for all circumstances: A prevalent misconception is that by signing the waiver, parents or guardians waive all rights to hold the facility accountable under any circumstances. However, the waiver specifically does not absolve the facility of liability arising from gross negligence or willful misconduct. This means if harm comes to a participant due to the facility's reckless disregard for safety, the waiver does not prevent the injured party from seeking legal recourse.

  • The waiver covers all types of injuries or illnesses: Some believe that the waiver form encompasses any and all injuries or illnesses that might occur, including those unrelated to the facility's conditions or activities. In reality, the waiver is designed to cover incidents directly related to the participation in activities or presence at Pump It Up. This includes known and understood risks but does not extend to unrelated health issues that might occur concurrently.

  • Participants have no responsibility for personal safety: Another misunderstanding is the belief that once the waiver is signed, participants are absolved of all responsibility for personal safety. The document actually outlines the need for participants to follow safety signs, rules, and verbal instructions, suggesting a shared responsibility for safety between the facility and participants.

  • Email addresses will be shared or sold: Concerns often arise regarding the sharing or selling of email addresses provided on the waiver form. Contrary to these fears, the form explicitly states that Pump It Up will only use email addresses for sending exclusive offers, coupons, and news, ensuring privacy and respect for personal information.

  • Agreement to an unlimited use of images for any purpose: While the waiver does grant Pump It Up the right to use images or video of participants for promotional purposes, some may misunderstand this as an all-encompassing relinquishment of privacy. It's important to recognize that this use is typically limited to marketing and promotional content, not for any purpose outside the realm of Pump It Up's business activities.

  • Waiver is valid indefinitely for future visits: Lastly, a common error is the assumption that once signed, the waiver is valid for all future visits. While not explicitly stated in every waiver form, it's generally understood that waivers are event or visit-specific. This misconception could lead to a lack of awareness about the necessity to review and sign a new waiver for subsequent visits or different activities.

Understanding the purpose and content of the Pump It Up Waiver form is crucial for parents and guardians to make informed decisions about their child's participation in activities. Dispelling these misconceptions can lead to a safer, more transparent environment where legal rights and responsibilities are clearly recognized.

Key takeaways

Understanding the Pump It Up Waiver form is crucial for ensuring a fun and safe experience. Here are key takeaways to remember when filling out and using this form:

  • Eligibility and Acknowledgment of Risks: The waiver demands that the adult filling it out must be at least 18 years old and acting as the parent or legal guardian of the participating minor. It's important to recognize and accept the risks involved in participating in activities at Pump It Up, which range from minor injuries to severe health risks, including exposure to diseases like COVID-19.
  • Insurance and Financial Responsibility: Before participating, you must confirm having adequate insurance to cover any potential injuries or illnesses that could occur, or be prepared to cover such costs yourself. This implies a personal acceptance of financial responsibility for any accidents or health issues that arise from participation in Pump It Up activities.
  • Compliance with Pump It Up Policies: Consent to comply with all Pump It Up's safety signs, rules, and verbal instructions is a condition of participation. Pump It Up reserves the right to deny access or require departure from the premises if there are any signs of sickness or illness, to protect the wellbeing of all participants.
  • Waiver of Legal Rights: Signing the waiver means you're not only acknowledging the risks but also waiving certain legal rights. This includes releasing Pump It Up from any liability for personal injuries or damages and waiving the right to a lawsuit or damages following an injury. It's a serious commitment that limits your legal actions against Pump It Up should something go wrong.

In conclusion, filling out the Pump It Up Waiver form requires thoughtful consideration as it involves accepting significant risks and waiving specific legal rights in the event of injury or damage. It's paramount for guardians to understand the content fully before signing to ensure the safety and wellbeing of all participants.

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