BUBBLEPOP AGREEMENT TO USE FACILITIES AND SERVICES AND WAIVER OF LIABILITY
I acknowledge and agree that this Agreement covers and is intended to release and provide other benefits, legal protections, and consideration to BubblePOP (which includes BubblePOP; OC BubblePOP; ConceptV, Inc; and/or their directors, officers, employees, volunteers, representatives, affiliates, agents, and and all other persons or entities acting in any capacity on their respective or collective behalf) ("BubblePOP").
Acknowledging participation in the activities at BubblePOP facility, the undersigned, on his or her own behalf, and on behalf of any executors, heirs, successors and assigns, hereby acknowledges and agrees as follows:
1. I am fully aware of the risks and hazards connected with the activities which may take place in this facility. Such risks and hazards include but are not limited to: falls on or from the equipment, tripping, collisions with the equipment or with other participants, falls from slipping on floor. I am aware that such activities include the risk of injury and even death, and I hereby elect to voluntarily participate in said activities, knowing that the activities may be hazardous to my property and me. I understand that BubblePOP does not require me to participate in these activities. I voluntarily assume full responsibility for any risks of loss, property damage, or personal injury, including death, that may be sustained by me, or any loss or damage to property owned by me, as a result of being engaged in such activities, whether caused by the negligence of BubblePOP or otherwise, to the fullest extent allowed by law.
2. I waive, release, and discharge BubblePOP from any and all liability, including but not limited to, liability arising from the negligence or fault of BubblePOP for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me, including my traveling to and from this activity.
3. I acknowledge, accept, and assume the risk of any and all medical conditions, limitations, or disabilities (whether temporary or permanent) that I or minor participant possess, whether known or unknown, which might contribute to or exacerbate any injury I or minor participant might sustain as a result of using the BubblePOP Facility or any of its equipment. I acknowledge and agree that if medical assistance (of any form, including emergency care, hospitalization, out-patient care, and/or physical therapy) is required or performed as a result of any injury I or minor participant sustains while using the BubblePOP Facility, such assistance shall be at my own expense.
4. I understand that adult supervision of each minor participant listed below by that minor's parent or authorized caregiver is required at all times. BubblePOP shall not be liable for any injury resulting from absence of adult supervision, including but not limited to, any child leaving the BubblePOP premises without a parent or caregiver.
5. In consideration of being allowed to participate in any or all of the services and activities, I acknowledge, appreciate, and agree that: (1) Participation includes possible exposure to an illness from infectious diseases including but not limited to MRSA, influenzas, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and, (2) Participant for myself, and/or on behalf of my spouse, and minor child(ren)/ ward(S) KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and (3) agree to comply with the stated and customary terms and conditions for participation with respect to protection against infectious diseases and if I observe any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest management employee immediately; and (4) that I, as parent/guardian, with legal responsibility for any minor participant, have read and explained the provisions in this waiver/release to my child/ward including the risks of presence and participation, and his/her personal responsibilities for adhering to the rules and regulations for protection against infectious diseases; and (5) I, for myself and/or on behalf of my spouse, and minor child(ren)/ward(s) as well as on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS BUBBLEPOP (“RELEASEES”), WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
6. I agree to indemnify and hold harmless BubblePOP from, without limitation, any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney's fees and costs, incurred due to claims brought by any third-party as a result of or arising out of the my or the Participant involvement in the activities and to reimburse BubblePOP for any such costs, expenses and fees as they are incurred.
7. I give consent to the use, reproductions, and/or publication of photographs taken within BubblePOP by BubblePOP and/or BubblePOP’s agents. I understand that BubblePOP reserves the right to use digital files and/or reproductions of any images taken of myself or the Participant(s) for the purpose of (and not limited to) printed display, illustration, advertising, competition, promotions, publications or other purposes, including the internet (BubblePOP's website, Facebook, Instagram, etc.). I hereby waive any right to inspect or approve the photographs and/or digital files or any eventual use for which BubblePOP may use these materials. With regard to the foregoing, I will have no claims against BubblePOP, or publishers of these images in the present or future.
This document is intended to be as broad and inclusive as is permitted by the laws of the State of California and if any provision (or a part of any provision) contained herein is deemed to be invalid, the balance of the provisions shall continue in full legal force and effect, notwithstanding such invalidity.
Parent or Legal Guardian Certification and Consent – I hereby certify that I am the parent or legal guardian of any minor Participant whose name(s) appears below, and I understand this document is binding not only on myself, but also on the Participant. I have read and I understand all of the provisions of this document and the risks of the activities. I understand that the activities could cause injury and even death. I acknowledge that I have read and understand the terms of this document and I am freely and voluntarily signing this document.
I HAVE READ THE ABOVE WAIVER AND BY SIGNING IT, I AGREE IT IS MY INTENTION TO EXEMPT AND RELIEVE BUBBLEPOP FROM ALL LIABILITY ARISING FROM UTILIZING THE FACILITIES.