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Liability Waiver and Photo Release

PARTICIPANT AGREEMENT, INDEMNIFICATON, RELEASE AND WAIVER OF LIABILITY AND ASSUMPTION OF RISK

PLEASE READ THIS DOCUMENT CAREFULLY. BY SIGNING THIS DOCUMENT YOU ARE GIVING UP YOUR AND YOUR MINOR CHILD’S LEGAL RIGHTS.

I understand and agree that Arizona Party Gnomes, LLC, and/or any of its owners, officers, directors, managers, employees, representatives, agents, parents, subsidiaries, and other affiliates (collectively, “APG”) may not be held liable in connection with participating in any activities owned or operated by APG, such as, but not limited to, foam parties, sport activities, high energy games, or any other activities (hereinafter, the “Activities”).

RELEASE OF LIABILITY: In consideration of permitting me and/or the child for whom I am a parent or legal guardian (my “Child”) to participate in any Activities operated by APG, I, on behalf of myself, and my Child and any other persons acting or purporting to act on my or my Child’s behalf, do hereby expressly and voluntarily release, remise, discharge, defend and agree to fully indemnify APG from any and all liability that may arise, as more specifically described as follows: I hereby release, remise, acquit, discharge, covenant not to sue, agree to defend, indemnify, and hold harmless APG, from any and all liability, claims, demands, actions or causes of action, damages, suits, debts, sums of money, accounts, reckonings, bonds, bills, trespasses, damages, judgments, executions, claims and demands whatsoever in law or in equity, for, upon or by reason of any matter, cause or thing whatsoever, including but not limited to any physical or mental injuries or death suffered by me or my Child, incidental to, arising out of, or connected with my or my Child’s participation in the Activities, including such injuries or death caused by or as a result of APG negligence. I acknowledge that I am solely responsible for all medical and other costs arising out of bodily injury or any loss sustained through participation in the Activities. 

ASSUMPTION OF RISK: I acknowledge that I and/or my Child am/is freely and voluntarily participating in the Activities, which inherently entail both known and unknown risks, and that: (a) such participation may lead to physical injury, mental injury, and/or death, including but not limited to, heart attacks musculoskeletal injury, cardio-respiratory injury, muscle strains, muscle pulls or tears, broken bones, cuts, bruises, scrapes, concussion, head injuries, spinal injuries, heat exhaustion or heatstroke, fainting, knee/back/foot injuries, eye injuries, illness, soreness, rash, and other diseases, injuries, and/or detriments to my or my Child’s physical condition; and (b) that such injuries or death may result from, including but not limited to, the Activities and/or other equipment, poor lighting, lack of supervision or training, lack of instruction, and/or other safety equipment, slipping or falling on or off equipment, collision with fixed objects or other persons, jumping, running, laying down, multiple participants simultaneously participating in the Activities, the physical condition, fitness, and/or abilities of participants, weather and environmental conditions, actions, omissions, recklessness, negligence on the part of APG or it’s Employees, myself, and/or, my Child, and any other lack of safety measures. I hereby expressly assume the risk of any such physical or mental injuries, death, medical expenses, or other loss that I or my Child might sustain as the result of participating in any Activities. I further state that I have explained the aforementioned risks to my Child. I certify that I have adequate health insurance to cover any injury I or my Child may suffer as a result of participation in the Activities or that I agree to be personally and solely responsible for all medical costs and expenses arising from any such injury.

PHOTO RELEASE: On behalf of myself and my Child, I hereby grant APG, an irrevocable, royalty free, compensation free, perpetual and worldwide right to photograph and video and/or audio record me and my Child in connection with the Activities and to use such photographs and/or recordings and any derivatives thereof for any purpose whatsoever in any and all media now known or hereafter devised, including but not limited to advertising and promotion. I agree that all photographs and recordings are the exclusive property of APG and waive any right to approve to or object APG use of any such photograph or recording.

ARBITRATION: I agree that any dispute or claim arising out of or related to this Agreement or the Activities, including any dispute arising as a result of any injury incurred as a result of my or my Child’s participation in the Activities, shall be resolved by arbitration before a single arbitrator selected in accordance with the commercial rules for arbitration of the American Arbitration Association in effect at the time such arbitration is initiated, and subject further to the provisions of the Arizona Uniform Arbitration Act. THE PARTIES HEREBY EXPRESSLY WAIVE THEIR RIGHT TO A JURY TRIAL IN ANY SUCH DISPUTE. The question of whether this Agreement is arbitable shall be a question solely for the arbitrator. The hearing shall be conducted in either the City of Phoenix, Arizona, unless both parties consent to a different location. THE DECISION OF THE ARBITRATOR SHALL BE FINAL AND BINDING UPON ALL PARTIES. The prevailing party to any such arbitration shall be entitled to an award of its reasonable attorneys’ fees and costs incurred as a result of its participation in the arbitration.

INDEMNIFICATION: I, on behalf of myself and my minor Child, agree to indemnify and hold harmless APG from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred, and/or suffered by APG, including but not limited to, reasonable attorneys’ fees, costs, damages, and/or judgments incurred as a result of my or my Child causing any injury, damage, or harm to APG or any and all other person.

ATTORNEYS’ FEES: I agree to indemnify and compensate APG for any attorneys’ fees and costs incurred in enforcing this Agreement and/or as a result of any action or proceeding resulting from my or my Child’s participation in the Activities.

I HAVE READ THIS AGREEMENT AND FULLY UNDERSTAND ITS TERMS. I acknowledge that, by signing it, I have voluntarily given up and waived my and the minor participant’s rights, including but not limited to any right to file a lawsuit against APG, and I have assumed substantial risk. I intend this agreement to be a complete and unconditional release of APG, to the fullest extent of the law. I have had reasonable and sufficient time to read and understand this entire document and consult with legal counsel or have voluntarily waived my right to do so. I knowingly and voluntarily agree to be bound by all terms and conditions set forth herein. As the parent or legal guardian of the minor listed below, I agree that all terms of this Agreement are binding on the Child participant listed above and that I have full authority as parent or legal guardian to bind the Child participant to this Agreement.

READ ENTIRE DOCUMENT BEFORE SIGNING PARTICIPANT INFORMATION (may list family members on one form)