Unconditional Waiver of Liability
In consideration of the services of “Bouncing Around Utah” their agents, owners, officers, managers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "Bouncing"), I hereby agree to release, indemnify, and discharge “Bouncing Around Utah” on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that my participation in Bouncing activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: slipping and falling; confined spaces; flying debris; collision with fixed objects; strains, sprains, broken bones and musculoskeletal injuries including head, neck, eyes, and back injuries; emotional injury; cuts, abrasions, bruises, cardiac related illness; organ damage; hearing loss; or even more severe life threatening hazards; the negligence of participants; equipment failure; my own physical condition, and the physical exertion associated with this activity. Furthermore, Bouncing employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate despite the risks.
3. I expressly agree that I am solely responsible for my behavior and well-being and furthermore Bouncing it is not responsible for any deviation on my apart from the policies, rules, directions, and guidelines made available to them.
4. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Bouncing from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of Bouncing equipment or facilities, including any such claims which allege negligent acts or omissions of “Bouncing Around Utah” regardless of whether the acts were committed by myself, another participant, or Bouncing.
5. Bouncing is not responsible for participants standing or moving into the line of danger, I will be responsible for watching where I stand or where I walk while participating in these activities.
6. In the event that any of my protective gear seems to be malfunctioning or defective it is my duty to report the gear to Bouncing and request new gear before continuing any activities.
7. I understand and agree that no behavior of Bouncing, such as calling an ambulance or providing first aid, does not constitute assumption of responsibility for any harm or injury suffered.
8. Should Bouncing or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
9. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have. I further represent, warrant and acknowledge, that any liability or damage that I claim pursuant to this agreement or the activities engaged in at Bouncing, will be limited to the actual costs I paid for the services of Bouncing on the day of the alleged injury.
10. In the event I file a lawsuit against Bouncing, I agree to do so solely in the state of Utah, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
11. By Accepting delivery of any and all products/equipment from Bouncing I agree to accept coverage of all claims and liability on my own liability/homeowners insurance policies etc… I understand that my renting of the equipment releases me from any and all claims against bouncy and any damages/injuries or claims would be covered by my own homeowners or liability insurance.
12. Furthermore Delivery of the unit only insures the delivery and installation of the equipment. Use of the equipment is not covered by bouncy and any use of the equipment by client would be covered by clients own liability/homeowners insurance, and not by Bouncy.
13. All Bouncing Around Utah Rentals reamain the sole and exclusive property of Bouncing Around Utah at all time. Any damage done to the equipment shall be paid for at a rate of cost of materials plus $75.00 per hour to make said reapairs. By signature below homeowner agress to either pay any expense incurred immediately or provide information for homeowners insurance. In the event that homeowner chooses to use homeowner insurance policy payment homeowner further agrees to co-operate and work with said homeowners insurance provider to recover damages and agrees to pay out of pocket and and all expenses not covered by insurance company.
14. Bouncing Around Inflatables should never be jumped in with shoes. (socks or bare feet only) No sharp objects or toys are allowed inside the unit. Homeowner is responsible for any and all damage done to units and agrees to pay (As Per Paragraph 13. for all damages.
Electronic Signature and Acknowledgement
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against “Bouncing” based on any claim from which I have released them herein. You certify by your signature that you have your own liability policy and agree to file all claims against said policy as no liability from bouncy is assumed by bouncy. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
Enter the date and your full name to acknowledge your electronic signature of this document.
Your Electronic Signature*