Waiver of Fairy Castle Entertainment, LLC
Fairy Castle Entertainment's acknowledgment of risks form
WAIVER AND RELEASE OF FAIRY CASTLE ENTERTAINMENT
In consideration for permission to utilize all equipment, facilities, and games available at FAIRY CASTLE and with the
FAIRY CASTLE ENTERTAINMENT gives such permission in reliance upon the representations that I have made herein, I agree that by this Agreement it is my intention to completely relieve FAIRY CASTLE ENTERTAINMENT of any duty to the Participant and myself. I voluntarily assume the entire risk of any damages or injuries to FAIRY CASTLE ENTERTAINMENT the Participants or others which might occur during or as a result of the Participant’s use of equipment, facilities, and games available at FAIRY CASTLE or Participant’s mere presence at FAIRY CASTLE. By this agreement, the Participant and I also intend to fully complete, and forever release, discharge, and absolve FAIRY CASTLE ENTERTAINMENT.
From any and all liability for any active or passive negligence whatsoever by FAIRY CASTLE ENTERTAINMENT
and Participant and I waive and relinquish any claim or cause of action against FAIRY CASTLE ENTERTAINMENT
for any loss, claim, damage (including attorney’s fees), personal injury, disability, death medical and any other type of expenses or property damage or loss caused by any active or passive negligence of FAIRY CASTLE ENTERTAINMENT or others. The Participants and I promise not to sue or exercise any legal right to seek damages or relief of any nature from FAIRY CASTLE ENTERTAINMENT.
Arising out of Participant’s use of equipment, facilities, and games available at FAIRY CASTLE or Participant’s mere presence
at FAIRY CASTLE.
Acknowledgment and Assumption
I understand and acknowledge that there are risks and dangers inherent in and associated with the activities, equipment, facilities, and games available at FAIRY CASTLE ENTERTAINMENT. These risks include but are not limited to, falls, collisions with other users of the facilities, jumping, landing, loss of balance, loss of control, etc., resulting in a variety of injuries by or to any persons and damages, including but not limited to, fractures, sprains, bruises, lacerations, abrasions, concussions, loss of consciousness, head injuries, paralysis, death, medical expenses, medical care, rehabilitation, etc. Notwithstanding all such acknowledged risks and dangers, whether or not enumerated herein, I voluntarily choose to allow the below-named minor (*Participant*) to participate in all activities and to make use of all the equipment, games, and facilities at FAIRY CASTLE solely at risk to the Participant and myself and without risk to FAIRY CASTLE ENTERTAINMENT. I am aware and appreciate the usual risks associated with the activities, equipment, facilities & games available at FAIRY CASTLE and that the possibility of injury to participants and others necessarily increases when other persons of varying ages, skills, and experience are present at the same time and using the same facility, equipment, and games, which is expected to occur. I also understand and acknowledge that there are many risks with the Participant’s use of the equipment, facilities & games in addition to the risks described herein and voluntarily choose to allow the Participant to engage in any and all activities available at
FAIRY CASTLE despite all such inherent risks.
INDEMNITY AND HOLD HARMLESS AGREEMENT
In further consideration for permission to utilize all equipment, facilities, and games available at FAIRY CASTLE and with the understanding that FAIRY CASTLE ENTERTAINMENT gives such permission in reliance upon the representations that I have made herein, I agree as follows:
1. As to the Participant’s participation in any activity or games at FAIRY CASTLE, or the Participant’s use of any equipment, device or facility at FAIRY CASTLE, and as to any and all liability for the injuries or damages which the Participant may suffer or incur due to any cause whatsoever,
including the active or passive negligence of FAIRY CASTLE ENTERTAINMENT while in the interior or exterior of the premises of FAIRY CASTLE, including the parking lot area, I hereby agree:
A. To waive any and all claims that I or the Participant may have against FAIRY CASTLE ENTERTAINMENT
B. To release FAIRY CASTLE ENTERTAINMENT from any and all liability for the injuries or damages that the Participant may suffer or incur, or that the Participant may suffer or incur, or that the Participant’s next of kin or survivors may suffer as a result of the Participant’s participation in any activity or game while at FAIRY CASTLE or Participant’s use of any equipment or facility
at FAIRY CASTLE.
C. To hold harmless and indemnify FAIRY CASTLE ENTERTAINMENT from any and all liability for the injuries and damages to any third party resulting from the Participant’s actions, behavior, participation in any activity or game, or use of any equipment or facility while at FAIRY CASTLE.
2. This waiver and release of liability and indemnification agreement (collectively referred to as “Acknowledgement, Waiver and Release” or “Agreement”) shall be effective and binding upon me, upon myself, and upon the Participant and his/her heirs, next of kin, family, survivors, relatives, guardians, conservators, executors, administrators, trustees and assigns in the event
of the Participant’s injury, disability, or death.
3. I have read, understand, and agree to be bound by all of the terms, rules, and conditions for participation in activities at
FAIRY CASTLE. I have explained these rules to the Participant and will ensure the Participant’s strict adherence to them.
Fairy Castle Entertainment's acknowledgment of risks form.
REPRESENTATION OF GOOD HEALTH
I certify that the Participant does not have nor does the Participant suffer from any medical condition that might affect the Participant’s ability to safely use the equipment, facilities, and games available at FAIRY CASTLE. It is further certified that the Participants is not currently under treatment for, does not suffer from, is unaware of, takes no drugs or medications (prescription or otherwise) for any reason, including any medical condition(s), including, but not limited to: spinal problems, bone, and joint problems, heart conditions, mental illness, pregnancy, dizziness, epilepsy/seizures, etc. In the event that medical attention is needed for the Participant or me,
I grant permission for basic first-aid and assistance to be administered by FAIRY CASTLE staff. In the event that advanced first-aid is required, FAIRY CASTLE staff will call 911 and authorize medical care administered by a trained medical professional.
I agree to release FAIRY CASTLE ENTERTAINMENT from all claims, damages, injuries, and expenses arising out of such assistance, including any claims arising from contact needed to administer assistance.
I HAVE READ, UNDERSTOOD, AND VOLUNTARILY SIGNED THIS AGREEMENT,
and further agree that no oral representation, statements, or inducements apart from written Agreement have been made by
FAIRY CASTLE ENTERTAINMENT or anyone else with regard to the subject matter of this Agreement.
I certify that the Participant is under 18 years of age. I hereby execute the foregoing Acknowledgement, Waiver, and Release for and on behalf of the minor Participant named herein, the Participant’s executors, administrators, heirs, next of kin, family, survivors, relatives, guardian, conservators, trustees, successors, and assigns.
I represent that I am 18 years of age or older and have the legal capacity and authority to act for and on behalf of the Participant named herein, and I agree to indemnify and hold harmless FAIRY CASTLE ENTERTAINMENT for any claims or liabilities assessed against FAIRY CASTLE ENTERTAINMENT as a result of any insufficiency of my legal capacity or authority to act for and on behalf of the
Participant in the execution of this Acknowledgement, Waiver, and Release.
Adult Name (Print First & Last)
Child's First Name and Last Name