RELEASE AND INDEMNIFICATION AGREEMENT

Participant Agreement, Release and Assumption of Risk (The Agreement) – FlyOver Fun Park

PLEASE READ THIS DOCUMENT CAREFULLY.  BY SIGNING, YOU ARE GIVING UP LEGAL RIGHTS

This Release and Indemnification Agreement (Agreement) is entered into by the Adult Participant, and if any minor(s) is/are named below, the Adult Participant on behalf of and as parent or legal guardian for such Child Participant(s) identified below in favor of FlyOver Fun Park LLC.

I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IF FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

I have voluntarily elected to use and, if applicable, to allow the minor child(ren) identified above and all minor children under my supervision and referred to individually and collectively herein as "Child", to use the FlyOver Fun Park and equipment located at 1700 S Governors Ave, Dover, DE 19904, (the "FlyOver Fun Park"). In consideration for being allowed to use said facilities and equipment, and any other services provided by FlyOver Fun Park. or its employees or agents at said location, or any other location within the State of Delaware, I represent, acknowledge, and agree as follows:

1. GENERAL RELEASE
   I acknowledge and agree that this Agreement covers and is intended to release and provide other benefits, legal protections, and consideration to FlyOver Fun Park and their respective and collective agents, owners, officers, managers, shareholders, affiliates, volunteers, participants, employees, and all other persons or entities acting in any capacity on their respective or collective behalf (collectively, "FlyOver Fun Park")

    

2. RELEASE OF POTENTIAL INJURIES
   I acknowledge and agree that the use of trampolines and the other equipment at the FlyOver Fun Park and that participating in trampoline and other activities is inherently and obviously dangerous. These risks include serious physical or emotional injury, paralysis, death, damage to myself, the Child, and/or third parties, and damage to personal property of any or all such persons. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity, which I further agree is for recreational purposes and completely voluntary. I acknowledge and agree that while the trampoline and other activities at the FlyOver Fun Park are generally monitored by FlyOver Fun Park employees, it is not feasible for such employees to monitor the activities and actions of all customers at all times or all customers simultaneously. Furthermore, FlyOver Fun Park employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's health or abilities. They may give incomplete warnings or instructions, and the equipment being used might malfunction.

    

3. SPECIFIC RELEASE FOR "GLOW" ACTIVITIES

   I AGREE

   I acknowledge that the FlyOver Fun Park may at any time engage in a promotion referred to as "Glow" and other similar programs and activities that involve the use of reduced and altered or theatrical lighting and special effects, which can increase the inherent and obvious dangers of the activity and can lead to physical or emotional injury, paralysis, death, or damage to myself, the Child, and/or third parties, and damage to personal property of any or all such persons. I understand that special rules apply to "Glow" activities, and the other programs and activities that involve the use of reduced and altered or theatrical lighting and special effects, and that I and the Child may choose not to participate in such activities. I acknowledge and agree that I and the Child may participate voluntarily in the "Glow" and other similar programs and activities solely and exclusively at our own risk, and that by participating, we waive the right to seek damages for any injuries that occur.

    

4. VOLUNTARY ASSUMPTION OF RISK
   I represent that I and the Child are in good health and in proper physical condition to participate in trampoline or other activities at the FlyOver Fun Park. I acknowledge and agree that I and the Child are participating voluntarily at our own risk.  I acknowledge and agree that the actions or activities of other customers or the actions or inactions of FlyOver Fun Park employees could cause me or the Child significant bodily injury (as described in this Agreement), and that FlyOver Fun Park is not responsible for the actions or activities of customers using the FlyOver Fun Park or the negligence of its employees in supervising the FlyOver Fun Park or its usage, including actions, activities, or omissions that result in such harm. Some of the risks include, but are not limited to, the following:
   1. Participant acknowledges there are inherent risks in and injuries that may occur from participating in the Activities, including, but not limited to, equipment malfunction; defective design or manufacture of equipment; improper or negligent installation of equipment; negligent maintenance of equipment; cuts; bruises; muscle strain; twisted or sprained ankles, knees, shoulders, or wrists; burns; dirt or other materials in eye; concussions; broken bones; physical or emotional injuries; landing wrong; over-exertion; failure of the attraction surface or attachments; being hit by a ball; collisions with other participants; erratic co-participant behavior; collisions with standards and supports; using improper form or technique; slipping, falling, or tripping; equipment failure.
   2. Participants may die or become paralyzed, partially, or fully, through their use of the FlyOver Fun Park and participation in FlyOver Fun Park activities.
   3. Participants may suffer cuts, scrapes, bumps, bruises, concussions, the transmission of disease strains and allergic reactions through use of the FlyOver Fun Park equipment or contact with other participants or surfaces they have contacted. Participants may sprain, pull, break, or otherwise seriously externally or internally injure their head, face (including nose and teeth/jaw), neck, torso, spine, arms, wrists, hands, legs, ankles, feet, or other body parts as a result of falling off the trampoline(s) or other equipment, landing improperly on the trampolines or other equipment, or making contact with other participants. As noted in paragraph a) above, such injuries can lead to paralysis, disfigurement, or death. Participation may result in heat stroke, heart attacks, dehydration, and other exertion-related medical events.
   4. Participants may fall on each other, resulting in broken bones and other serious injuries. Double bouncing, more than one person per trampoline, flipping, running, and bouncing off of the walls and wall-mounted trampolines, and other participant body movements (whether planned or unplanned) can create a rebound effect and lead to unpredictable body movements and anticipated or unanticipated bodily contact, any or all of which can lead to serious injury.
   5. Traveling to and from trampolines can result in similar physical injury (even if the participant is not himself or herself bouncing at the time).
   6. Observing, standing, sitting, or taking photographs at or near any trampoline or activity can result in similar physical injury (even if the observer is not himself or herself participating at the time).
   7. Participation during reduced or altered lighting "Glow" events can affect depth perception and visibility and may cause me and/or my Child to fall, slip, misstep, collide with other jumpers, or collide with equipment which can result in a greater risk of serious physical or emotional injury, paralysis, or death.

       

5. AGREEMENT TO PAY MY OWN MEDICAL EXPENSES
   I acknowledge, accept, and assume the risk of all medical conditions, limitations, or disabilities (whether temporary or permanent) that I or the Child possess, whether known or unknown, which might contribute to or exacerbate any injury I or the Child might sustain as a result of using the FlyOver Fun Park or any of its equipment. I acknowledge and agree that if medical assistance (of any form, including emergency care, hospitalization, out-patient care, and/or physical therapy) is required or performed as a result of any injury I or the Child sustains while using the FlyOver Fun Park such assistance shall be at my own expense.

    

6. RELEASE OF LIABILITY
   The Releasing Parties hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue FlyOver Fun Park and their successors, predecessors-in-interest, and insurers (collectively, the "Releasees") from any and all claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, attorneys' fees, damages, judgments and liabilities, of whatever kind or nature, in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, related to or arising, directly or indirectly, from my or the Child's access to and/or use of the FlyOver Fun Park premises and/or its equipment (whether trampolines or otherwise), the Child's and/or my entry into the FlyOver Fun Park Facility, the condition, maintenance, inspection, supervision, control or security of the FlyOver Fun Park the failure to warn of dangerous conditions in connection with the FlyOver Fun Park and/or the acts or omissions of FlyOver Fun Park or any of the Releasees, including, without limitation, any claim for negligence, failure to warn or other omission, property damage, personal injury, emotional injury, illness, bodily harm, paralysis or death. I understand that this Release and waiver applies not only to use of the trampolines, but also all other equipment, and all activities and games at the FlyOver Fun Park.  I understand that this Release and waiver applies to and includes all activities that I or my Child engage in at the premises, whether inside or outside the FlyOver Fun Park. In the event that any claim released herein is brought by, or asserted on behalf of, the Releasing Parties, I shall immediately defend, indemnify and hold harmless the Releasees, and any of them, from any loss or liability, including reasonable attorneys' fees, associated therewith or arising therefrom.

   I understand and fully acknowledge and agree that all the risks identified herein, and any other risks associated with use of the FlyOver Fun Park and its equipment are beyond the control of the Releasees.  I agree and acknowledge that should FlyOver Fun Park or any other Releasee or anyone acting on their behalf, be required to incur attorneys' fees and/or costs to enforce this Agreement, I agree to immediately defend, indemnify, and hold FlyOver Fun Park and any other Releasee or them harmless for and against all such attorneys' fees and/or costs.

7. ARBITRATION OF DISPUTES; TIME LIMIT TO BRING CLAIM

   I AGREE

   I understand that by agreeing to arbitrate any dispute as set forth in this section, I am waiving my right, and the right(s) of the minor child(ren) above, to maintain a lawsuit against FlyOver Fun Park and the other Releasees for any and all claims covered by this Agreement.  By agreeing to arbitrate, I understand that I will NOT have the right to have my claim determined by a jury, and the minor child(ren) above will NOT have the right to have claim(s) determined by a jury. Reciprocally, FlyOver Fun Park and the other Releasees waive their right to maintain a lawsuit against me and the minor child(ren) above for any and all claims covered by this Agreement, and they will not have the right to have their claim(s) determined by a jury. ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO MY OR THE CHILD'S ACCESS TO AND/OR USE OF THE FLYOVER FUN PARKPREMISES AND/OR ITS EQUIPMENT, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE BROUGHT WITHIN ONE YEAR OF ITS ACCRUAL (i.e., the date of the alleged injury) AND BE DETERMINED BY ARBITRATION IN THE COUNTY OF THE FLYOVER FUN PARKDELAWARE, BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS  RULE 16.1 EXPEDITED ARBITRATION RULES AND PROCEDURES. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of Delaware, without regard to choice of law principles. Notwithstanding the provision with respect to the applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Sec. 1-16). I understand and acknowledge that the JAMS Arbitration Rules to which I agree are available online for my review at jamsadr.com and include JAMS Comprehensive Arbitration Rules & Procedures; Rule 16.1 Expedited Procedures; and, Policy On Consumer Minimum Standards Of Procedural Fairness.

    

8. PHOTO/VIDEO/SOCIAL MEDIA WAIVER
   In connection with my and the Child's use of the FlyOver Fun Park, I consent to the recording of the Child's and my physical likeness and/or voice through mechanical, photographic, technical, digital, electronic or other means ("Recordings"). I hereby consent to and authorize FlyOver Fun Park and its agents, representatives, employees, successors and assigns to use, in perpetuity, such Recordings, as well as the Child's name and my name, for any purpose, including advertising, promoting, exploiting and/or publicizing any FlyOver Fun Park. I further agree that the foregoing includes the consent to use the Child's and/or my physical likeness in any form. In addition, I waive any and all claims I may have in connection with the Recordings.

TERM OF AGREEMENT
I understand that this Agreement extends forever into the future and will have full force and legal effect each and every time I or my child(ren)/ward(s) visit FlyOver Fun Park, whether at the current location or any other location or facility.

SAFETY IS YOUR RESPONSIBILITY: I AND EACH CHILD AGREE TO FOLLOW THE CODE OF PATRON RESPONSIBILITY:

a) You acknowledge that there are inherent risks in the participation in or on any trampoline court, and that such risks include not only the use of trampolines, but other activities and equipment.  Patrons of a trampoline court who use trampolines, and those who engage in any other activities or use any other equipment, by participation, accept the risks inherent in such participation of which the ordinary prudent person is or should be aware.  Patrons have a duty to exercise good judgment and act in a responsible manner while using the trampoline court and other equipment, and while engaging in such activities. Patrons have a duty to obey all oral or written warnings, or both, prior to or during participation, or both.

b) You have a duty to not participate in any activity on any trampoline court or engage in any other activity or use any other equipment, when under the influence of drugs or alcohol.

c) You have a duty to properly use all safety equipment provided, whether for the trampolines at the trampoline court, or otherwise.

d) You have a duty to not participate in any activity on any trampoline court, or engage in other activities or use other equipment, if you have pre-existing medical conditions, circulatory conditions, heart or lung conditions, recent surgeries, back or neck conditions, knee or ankle conditions, high blood pressure, known pregnancy, any history of spine, musculoskeletal or head injuries, or if you may be pregnant.

e) You have a duty to remove inappropriate attire including hard, sharp or dangerous objects such as buckles, pens, purses, badges and so forth.

f) You have a duty to avoid bodily contact with other patrons.

g) You have a duty to conform with or meet height, weight or age restrictions imposed by the manufacturer or owner to use or participate in any trampoline park activity, whether involving the use of trampolines, or otherwise.

h) You have a duty to avoid crowding or overloading individual sections of the trampoline court, or other equipment.

i) You have a duty to use the trampoline court, and other equipment, within your own limitations, training and acquired skills.

j) You have a duty to avoid landing on the head or neck.  Serious injuries, paralysis or death can occur when landing on the trampoline court bed, or elsewhere, whether involving the trampoline, other equipment, or otherwise.

k) You also agree to follow and obey all posted and stated warnings and patron education signs.

l) You agree to explain all safety rules to each Child you accompany, and to ensure that each Child obeys the safety rules of FlyOver Fun Park.

I would like to receive email promotions, discounts, and other advertisements from FlyOver Fun Park at the email address provided below info@flyover.com. I may unsubscribe at any time.

I have had sufficient opportunity to read this document. I have read and understood and agree to be bound by its terms. I understand that employees working at the FlyOver Fun Park including the manager, do not have the authority to waive any provision of this Agreement. This Agreement constitutes and contains the entire Agreement between FlyOver Fun Park and me relating to the Child's and my use of FlyOver Fun Park. There are no other agreements, oral, written, or implied, with respect to such matters. I further agree that this Release shall be construed in accordance with the laws of the State of Delaware.  If any term or provision of this Release shall be held illegal, unenforceable, or in conflict with any law governing this Release the validity of the remaining portions shall not be affected thereby.

By signing below, I represent and warrant that I am the parent, legal guardian, or power-of-attorney of the above listed Child(ren) and have the authority to execute this Agreement on his/her or their behalf and to act on his/her or their behalf. I have read each and every paragraph in this document and I and they agree to be bound by the terms stated therein, including the Release of liability contained therein. I further agree to indemnify and hold harmless the Releasees from any and all claims which are brought by or on behalf of this or these minor Child or Children, or any of them, which are in any way connected with, arise out of, or result from their use of FlyOver Fun Park.  I am 18 years of age or older. I am entering this Agreement on behalf of myself, my spouse or domestic partner, the Child, and our respective and/or collective issue, parents, siblings, heirs, assigns, personal representatives, estate(s), and anyone else who can claim by or through such person or persons (collectively, the "Releasing Parties").

IN SUMMARY, BY MY SIGNATURE BELOW, I ACKNOWLEDGE THAT IF I OR ANY OF MY CHILDREN ARE INJURED IN ANY WAY, THIS WAIVER PREVENTS AND PROHIBITS ANY RECOVERY OF MONEY FROM ANY FLYOVER FUN PARKS.