PERSONAL RESPONSIBILITY: In order to gain access to any of the facilities at COME GET COZY premises, including, but not limited to, the interior and exterior of the COME GET COZY building, snack bars, restrooms, party rooms, reduced/altered/theatrical/laser lighting, and special effects lighting (the “PREMISES”), and/or to participate in or use COME GET COZY equipment, services, or activities, including but not limited to, trampolines, obstacle courses, slides, wipeout arms, foam pits, airbags, climbing walls, basketball courts, battle beams, dodgeball courts, ziplines, and arcade games (collectively, “ACTIVITIES”), I/we certify that I and all individuals named herein:
1. have no physical or mental limitations or conditions, including pregnancy, that would prohibit or impair participation in the ACTIVITIES;
2. am/are not intoxicated or taking any prescription or non-prescription drugs that would prohibit or impair participation in the ACTIVITIES;
3. am/are not participating in the ACTIVITIES against the advice of any medical professional;
4. will exercise my/our sole judgment to determine my/our levels of fitness, skill, and health to participate in ACTIVITIES;
5. will only participate in ACTIVITIES for which I/we have sufficient skill to avoid injury;
6. understand and will abide by all rules established for all ACTIVITIES, including, without limitation, all verbal instructions, Safety Rules, and posted signage at the PREMISES, and I/we have had the opportunity to ask questions;
7. acknowledge and understand that, outside of the verbal instructions, Safety Rules, and posted signage at the PREMISES, COME GET COZY does NOT provide guidance or instruction for how to use or participate in the ACTIVITIES; and
8. acknowledge and understand that I or an adult under my direction shall be responsible for closely watching and supervising all individuals named herein at all times while on the PREMISES or participating in the ACTIVITIES, and for making sure all individuals named herein are using the PREMISES and participating in the ACTIVITIES in a safe manner, and are following all rules at all times.
9. accept sole responsibility for my/our own conduct and actions, as well as the conduct and actions of all individuals named herein, while on the PREMISES or participating in the ACTIVITIES, and I/we will not rely on the supervision and/or monitoring provided by COME GET COZY.
RELEASE OF LIABILITY: Despite all known and unknown risks, including but not limited to, serious bodily injury, permanent disability, paralysis, and death, that may be sustained while on the PREMISES, I, on behalf of myself, and all individuals named herein, including minor children, and their respective wards, heirs, assigns, personal representatives, and estates, if any (collectively, the “RELEASORS”) hereby expressly, unconditionally, and voluntarily agree to release, relinquish, waive, hold harmless, forever discharge, and covenant not to sue COME GET COZY and its agents, owners, parent company, subsidiaries, affiliated facilities, franchisors, officers, directors, principals, volunteers, employees, independent contractors, insurers, facility operators, land and/or PREMISES owners, and any and all other persons and entities acting in any capacity on COME GET COZY behalf, including suppliers, designers, installers, vendors, or manufacturers of any trampoline equipment, foam pit material, or other material or equipment at the PREMISES (collectively, the “RELEASEES”), from any and all liability for any causes of action, suits, sums of money, controversies, damages, judgments, claims, or demands, whatsoever, in law or in equity, including, but not limited to, any and all claims which allege negligent acts and/or omissions committed by the RELEASEES while the RELEASORS are on or about the PREMISES, participating in, or as a result of participating in, any of the ACTIVITIES on or about the PREMISES, and/or using any items purchased on or about the PREMISES, regardless of how any claim or accident may occur and whether the action arises out of any damage, loss, personal injury, emotional injury, or death to the RELEASORS. This release of liability is effective and valid regardless of whether the damage, loss, personal injury, emotional injury, or death is a result of any negligent act or omission by the RELEASEES. This release of liability further includes any claims for first-aid or medical treatment provided (negligently or otherwise) or failed to be provided by the RELEASEES.