Part I:
Effective immediately upon execution, I hereby acknowledge and agree that participation in any and all activities at the Fun Zone Depot (under the auspices of Buster2, LLC., 104 N Locust Street, Pittsburg, KS 66762), including but not limited to, programs, activities, equipment, games, classes, and parties all have inherent risks. I hereby agree to release, forever discharge, and agree to indemnify and hold harmless from liability the Fun Zone Depot, its owners, directors, officers, employees, agents, volunteers, participants, successors and assigns, and their respective heirs, personal representatives, affiliates, successors and assigns, and any and all persons, firms or corporations, or entities acting for them, liable or who might be claimed to be liable, whether or not herein named, none of whom admit any liability to the undersigned (hereinafter collectively referred to as “Releasees”), but all expressly denying liability, from any and all claims, demands, damages, death, accidents, actions, causes of action or suits of any kind or nature whatsoever, which I now have or may hereafter have, arising out of or in any way relating to my participation/attendance, any and all injuries and damages of any and every kind including negligence, use of equipment or facilities - to both person and property (whether that use is supervised or unsupervised), and also any and all injuries and damages that may develop in the future on behalf of myself, my children, parents, heirs, assigns, personal representative and estate, and also agree as follows:
In addition, in consideration of being allowed to enter the Fun Zone Depot facility and/or participate in any programs, activities, games, classes, parties, or any other event or use of equipment at the Fun Zone Depot, the undersigned, on his or her own behalf and/or on behalf of the participant(s) identified below, acknowledges, appreciate and agrees to the following:
1. I understand any and all activities at the Fun Zone Depot can be dangerous and hazardous. The activities at the Fun Zone Depot require certain degrees of skill, ability, physical condition and participant(s) must be in good health. I understand that these activities can result in serious injury, disability and/or death to the participant(s) and/or me. I assume any and all risks, damages or injuries I/we may incur while on the FZD premises. I certify that I and/or my child(ren) are in good health and that I and/or my child(ren) have no medical or physical limitations, which would preclude safe participation at the FZD or else I am willing to assume and bear the costs of - all risks that may be created, directly or indirectly, by any such condition. In addition, if I/we observe any hazard/danger during our participation, I/we will bring it to the attention of the nearest Fun Zone Depot employee and/or management immediately. I further acknowledge that for myself and participants named below, participation in activities at the Fun Zone Depot is strictly voluntary and I elect to participate despite the risks. In addition, if at any time I believe that event conditions are unsafe or that I am unable to participate due to physical or medical conditions, then I will immediately discontinue participation.
2. I will review the Fun Zone Depot policies and operational rules and understand that it is my responsibility to ask questions about these policies and rules if necessary. I understand that it is my responsibility to ensure that I/my children understand the rules. Although there are staff to observe children/adults on the Fun Zone Depot premises, it is my responsibility to supervise my children and my own activities. The Fun Zone Depot is not an insurer or guarantor of my child(ren)’s safety and by admitting my child(ren), Fun Zone Depot does not assume the parental responsibility to supervise and direct my child(ren)’s activities. I will bring any observation of the rules being broken to the attention of a Fun Zone Depot staff member.
3. I understand that as a parent/guardian, I may not leave the facility at any time without another adult taking full responsibility for or supervising my child(ren). I am fully aware that any child left in the facility without a parent/guardian or supervisor will be immediately turned over to the appropriate authorities. I am fully aware that all guests under the age of 16 must be accompanied by an adult at all times while visiting the Fun Zone Depot, without exception, and will not be admitted without adult accompaniment. Minor children should not be left unattended.
4. Should Releasees 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.