GOPLAYLAND Assumption of Risk, Release, and Waiver of Liability Agreement
By participating in activities and using the equipment and facilities of GOPLAYLAND (herein referred to as "GOPLAYLAND" or "GP"), I, the undersigned, on behalf of myself, my child or ward (hereinafter referred to as "Participant"), and the releasing parties involved, agree to the following terms:
- Assumption of Inherent Risks and Dangers:
- Acknowledgement of Playground and Gym Risks: I understand that playground and gym activities for both adults and children carry inherent risks that cannot be completely eliminated.
- Potential for Injuries: Activities such as running, jumping, and diving involve risks like cuts, bruises, sprains, fractures, and more severe injuries, including death.
- Risks During Transportation: Traveling to and from GP locations poses transportation-related risks.
- Rebound Effects: Double bouncing on equipment can cause rebound effects leading to serious injuries.
- Assumption of Personal Responsibility: I acknowledge that engaging in activities at GP and using its facilities involves potential dangers, and I assume all risks involved.
- Risks in Foam Pits and Ball Swimming Pools: Using Foam Pits and Ball Swimming Pools also carries inherent risks.
- Acts of Other Participants: The actions of other participants may result in injury or death to me or my child/ward.
- Medical Costs: If I or my child/ward is injured, I will be responsible for any incurred medical costs.
- Acknowledgment of GP's Negligence:
- GP's Negligence: I acknowledge that any injuries I sustain may be due to the actions, omissions, or negligence of GP, including emergency response operations.
- Voluntary Participation and Assumption of Risk:
- Voluntary Participation: I acknowledge that my participation in GP's activities is voluntary.
- Acceptance of Inherent Risks: I knowingly accept and assume all inherent risks of injury, disability, death, and property damage from participating in GP activities.
- Parent/Guardian Responsibilities:
- Responsibility for Minor Child/Ward: I am responsible for my child/ward's conduct and ensuring their compliance with rules and directions.
- Supervision for Special Needs: If my child/ward has special needs, I will supervise their participation in suitable activities.
- Indemnification:
- Release of Liability: I release and indemnify GOPLAYLAND and its associates from claims arising from injuries, loss, or death to me or my child/ward due to using GP's facilities, equipment, and participating in activities.
- Hold Harmless Agreement: I hold GOPLAYLAND harmless against claims from other participants, rescuers, or third parties arising from my or my child/ward's actions.
- Waiver of Claims:
- Release of Claims: I waive all claims against GOPLAYLAND and its associates for injury, death, property damage, or loss resulting from using facilities, equipment, or participating in activities.
- Health and Medical Care:
- Good Health Assurance: I am in good health and authorize emergency medical care if needed, taking responsibility for associated costs.
- Medical Expenses: I agree to submit medical expenses to my healthcare plan and waive any plan-related subrogation rights.
- Photographs and Records:
- Photography Rights: I grant GOPLAYLAND the right to use photographs and recordings of me or my child/ward for promotional purposes.
- Mediation or Arbitration:
- Dispute Resolution: In case of disputes, I will attempt mediation in good faith before pursuing arbitration in the state of NEW JERSEY& the state of NEW YORK.
- Arbitration Procedure: Any arbitration will follow the Commercial Arbitration Rules of the American Arbitration Association and be conducted by a qualified arbitrator.
- Applicability of Arbitration: Any disputes arising from this agreement or use of GP facilities will be resolved through arbitration in the state of NEW JERSEY& the state of NEW YORK.
- Severability:
- Broad Agreement: This agreement is intended to be broad and inclusive within the limits of the laws of NEW JERSEY& the state of NEW YORK. If any part is invalid, the rest will remain in effect.
- Choice of Law:
- Governing Law: This agreement is governed by the laws of the State of NEW JERSEY& the state of NEW YORK.
- Acknowledgment of Understanding:
- Voluntary Agreement: I understand and acknowledge that I am freely and voluntarily signing this agreement, releasing GOPLAYLAND from liability.
- Misrepresentation and Fraudulent Execution:
- Indemnification for Misrepresentation: I agree to indemnify GOPLAYLAND for claims arising from misrepresentations or fraudulent execution of this agreement.
- Application of Agreement:
- Agreement Application: This agreement applies each time I or my child/ward attend GP facilities, use equipment, or participate in activities.
- References to "My Child and Ward":
- Inclusive References: All references to "my child or ward" apply to every child or ward listed.
- Complete Agreement:
- Entire Agreement: This agreement is the complete understanding between the releasing parties and the released parties, superseding prior agreements.
