PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of Fly Side Games, LLC, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "FSG"), I hereby agree to release, indemnify, and discharge FSG, 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 zorb, spaceballs and bubble ball 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: collision with fixed objects or people; slips and falls; colliding with others which could cause burns, sprains, fractures, scrapes, bruises and cuts, dislocations and pinched fingers; furthermore musculoskeletal injuries are at risk including head, neck, and back injuries; exposure to temperature and weather extremes which could cause hyperthermia (heat related illnesses), heat exhaustion, heat stroke, sunburn, dehydration, and cardiac related events; equipment failure; transmissible pathogen or disease; the negligence of other participants, or other persons who may be present; my own physical condition and the physical exertion associated with this activity.
Furthermore, FSG personnel 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 of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
3. Indemnity, release and hold harmless agreement in favor of FSG. I hereby voluntarily release, forever discharge and agree to indemnify and hold harmless FSG from any and all claims, demands, or causes of action based upon or arising out of injuries, including death, to persons, or damages to or destruction of property, sustained or alleged to have been sustained in connection with, arising out of, or in any way related to my participation in this activity or my use of FSG’s equipment or facilities, including any such claims, demands or causes of action which are based or founded, in whole or in part, upon the alleged negligent acts or omissions of FSG.
4. Should FSG 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.
5. 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.
6. In the event that I file a lawsuit against FSG, I agree to do so solely in the state of Texas, 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.
By checking the Terms & Conditions box, you 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 FSG on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at FSG. 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.