This Waiver, 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 NY99 Edutainment LLC, a Texas limited liability company d/b/a Cheer Land Play & Party (“CheerLand”). Collectively and severally, Adult Participant and Child Participant, their heirs, successors, and assigns are hereinafter referred to as the Participant. In consideration of CheerLand permitting Participant to enter the Premises and participate in the Activities, including the Activities that may occur in, about, or near 3925 S Lake Forest Dr Suite 115, Mckinney, TX or any other premises owned or operated by CheerLand wherever located (the “Premises”), Participant agrees as follows:
CheerLand feels that it is important that the participants understand the three types of injuries that can occur. First is the common minor injury. This type includes, but is not limited to, muscle strains and sprains, bruises, abrasions, and contusions. The second type of injury is the serious injury which could include but not limited to, broken bones, ligament and joint injuries, concussions, and eye injury. These are rare but do occasionally occur. The third type of injury is the catastrophic injury. Some examples of catastrophic injury are brain injury, paralysis, heart attack, and death. Even though the likelihood of such an injury is very remote, we feel that the participants should be aware of all possibilities
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; error of judgment by employees; paralysis, disability, or death; personal injury to third persons; or property damage. Due to the nature of the Activities, there are more hazards and risks than the foregoing, and there are also unknown and unforeseeable hazards. Other inherent risks in the activities include erratic co-participant behavior, unexpected equipment failure, and error of judgment by staff members.
CheerLand feels that it is important that the participants understand the three types of injuries that can occur. First is the common minor injury. This type includes, but is not limited to, muscle strains and sprains, bruises, abrasions, and contusions. The second type of injury is the serious injury which could include but not limited to, broken bones, ligament and joint injuries, concussions, and eye injury. These are rare but do occasionally occur. The third type of injury is the catastrophic injury. Some examples of catastrophic injury are brain injury, paralysis, heart attack, and death. Even though the likelihood of such an injury is very remote, we feel that the participants should be aware of all possibilities
Exposure to Bacteria, Fungi, Viruses, and Unknown Contagious Diseases. By entering the Premises or when engaging in the Activities, there is a risk of exposure to bacteria, fungi, viruses, unknown contagious diseases and COVID-19, which notwithstanding governmental recommendations and the practices of CheerLand, cannot be eliminated. CONSEQUENTLY, TO THE FULLEST EXTENT PERMITTED BY LAW, PARTICIPANT KNOWINGLY AND FULLY ASSUMES THE RISK OF, RELEASES, AND SHALL INDEMNIFY CheerLand FROM ALL CLAIMS (AS DEFINED IN SECTION 5 BELOW) OR BODILY INJURY RESULTING FROM PARTICIPANT’S EXPOSURE TO ANY BACTERIA, FUNGUS, VIRUS, UNKNOWN CONTAGIOUS DISEASES OR COVID-19 AND IN ANY WAY CONNECTED TO PARTICIPANT’S ENTRY INTO THE PREMISES OR ENGAGEMENT IN THE ACTIVITIES. FURTHER, ADULT PARTICIPANT ON BEHALF OF HIM/HERSELF AND THAT OF THE CHILD PARTICIPANT(S) CONSENTS TO HAVING THEIR TEMPERATURE TAKEN BY CheerLand AND ACKNOWLEDGES THEY MAY BE DENIED ACCESS TO OR FORCED TO VACATE THE PREMISES IF THEY EVIDENCE SYMPTOMS OF EXPOSURE TO BACTERIA, FUNGUS, VIRUSES, UNKNOWN CONTAGIOUS DISEASES OR COVID-19 AS IDENTIFIED BY THE CENTER FOR DISEASE CONTROL AND PREVENTION.
On behalf of myself and as the parent or legal guardian of the Child Participant(s), I warrant I have read this Agreement in its entirety, acknowledge that the Activities contain inherent risks which vary with the activity, understand the demands of the Activities relative to Participant’s physical condition and skill level, appreciate the types of injuries that may occur as a result of the Activities and their potential impact on our safety, well-being, and lifestyle, and assert that participation is voluntary and that all Participants knowingly assume all risks inherent with the Activities. Participant acknowledges it is impossible to eliminate all risk of injury and understands the demands of the Activities relative to the Participant's physical condition and skill level. PARTICIPANT ACKNOWLEDGES THAT THE PROTECTED PARTIES WILL NOT PAY FOR ANY COST OR EXPENSES INCURRED BY PARTICIPANT IF PARTICIPANT IS INJURED.
On behalf of myself and as the parent or legal guardian of the Child Participant(s), I agree to exercise ordinary and reasonable care and to not consume alcohol to the extent the Participant's judgment is impaired. Participant understands the potential risks associated with the consumption of alcohol and acknowledges Participant does not have and is not aware of any medical condition that would result in any injury to Participant due to Participant’s consumption of alcohol. Participant assumes the risks associated with alcohol consumption and takes full responsibility for Participant’s own actions, safety, and welfare. UNDER NO CIRCUMSTANCES WILL PARTICIPANT BE ALLOWED TO PARTICIPATE IN ANY ACTIVITIES IF PARTICIPANT HAS CONSUMED ALCOHOL.
To the fullest extent permitted by law, participant (and on behalf of his/her heirs, executors and representatives) releases and agrees not to sue CheerLand, NY99 Edutainment LLC, Carey Cox Company (“the landlord”), landlord’s mortgagees and management company of the premises, and any of their affiliates or subsidiaries, respective officers, directors, shareholders, members, managers, partners, agents, employees, contractors, representatives, heirs, assigns, volunteers, independent contractors, equipment providers, and insurers of all of them (collectively, the “protected parties”) from and against all liabilities, losses, damages, claims, demands, actions, suits, causes of action, costs, fees, and expenses (including reasonable attorney's fees and court or other costs) relating to, resulting from, or arising out of or alleged to have arisen out of (in whole or in part) any bodily injury to or death of participant or damage to or loss of participant's property (a) during or relating to participant's participation, whether actively or passively, in any slides and related activities, warrior course, battle beam, soft play, ropes course, mini climbing wall, trampoline, jumping, exercising, use of any equipment or attractions, instruction, training, classes, observation, use of the locker room area, use of any portion of the premises, including, but not limited to, the associated sidewalks and parking lots, and any competition, event, or program sponsored by or affiliated with the protected parties (collectively, “activities”), (b) occurring in or about the premises (including the premises) where any of the activities are taking place, conducted, or performed by participant or anyone else, or in transportation to and from any of the activities, (c) resulting from damage to, loss of, or theft of personal property of participant and due to the negligence, gross negligence, or willful misconduct of the protected parties. The release contained in this paragraph will apply: Even if any such injury or damage is caused in whole or in part by the negligence or strict liability of the protected parties or participant.
Adult participant, on behalf of himself and his heirs, executors and representatives agrees to indemnify, defend, release, and hold harmless the protected parties from and against all claims, causes of action, suits, losses, liabilities, damages, fines, penalties, liens, judgments, settlements, proceedings, costs, fees, and expenses (including reasonable attorney's fees and court or other costs) of any nature whatsoever for or relating to death, bodily injury or property damage resulting from, relating to, or caused by (whether in whole or in part) any of the following matters (which necessarily include all claims that do or may belong to the child participant(s)): (a) participant's acts, omissions or presence on or about any part of the premises or other premises where activities are taking place, conducted, or performed by participant or anyone else, (b) participant's active or passive participation in, or observance of, any of the activities; (c) any claims arising out of the negligent, grossly negligent, or willful acts or omissions of participant or any guest or invitee of the protected parties, or (d) participant's use of any fixtures, equipment or personal property in, on or about premises or other premises where activities are taking place, conducted, or performed by participant or anyone else. The indemnity contained in this paragraph will apply even if any such injury or damage is caused in whole or in part by the negligence or strict liability of the protected parties or participant, but will not apply to the extent any such injury or damage is caused by the willful misconduct of the protected parties.
Any dispute or claim in any way involving the Child Participant(s), Adult Participant(s), or any one or more of the Protected Parties, arising out of or relating to this Agreement, breach thereof, the Premises, Activities, property damage (real or personal), personal injury (including death), or the scope, arbitrability, or validity of this arbitration agreement (Dispute) shall be brought by the parties in their individual capacity and not as a plaintiff or class member in any purported class or representative capacity, and settled by binding arbitration before a single arbitrator administered by the American Arbitration Association (AAA) per its Commercial Industry Arbitration Rules in effect at the time the demand for arbitration is filed. Judgment on the arbitration award may be entered in any federal or state court having jurisdiction thereof. The arbitrator shall have no authority to award punitive or exemplary damages. If the Dispute cannot be heard by the AAA for any reason, the Dispute shall be heard by an arbitrator mutually selected by the parties. If the parties cannot agree upon an arbitrator, then either party may petition an appropriate court to appoint an arbitrator. Arbitration shall be subject to 9 U.S.C. § 1 et seq. and Chapter 171 of the Texas Civil Practice and Remedies Code. If either party files suit in violation of this paragraph (except to toll the statute of limitations), such party shall reimburse the other for their costs and expenses, including attorneys’ fees, incurred in seeking abatement of such suit and enforcement of this paragraph.
Adult participant on behalf of him/herself and the child participant and CheerLand knowingly and voluntarily, with full awareness of the legal consequences, agrees to waive their right to bench trial or jury trial of any dispute.
For good and valuable consideration, the receipt of which is hereby acknowledged, Adult Participant on behalf of him/herself and the Child Participant irrevocably grants CheerLand, NY99 Edutainment LLC, Carey Cox Company (“the landlord”), and all franchisees, affiliates, and corporate stores of Edutainment Management Services, LLC (collectively, Company) and Company's assigns, licensees and successors the right to use all or a portion of my image (including real and personal property owned by me) and name in all forms and media including composite or modified representations for all purposes, including an advertising, trade or any commercial purpose throughout the world and in perpetuity. Adult participant on behalf of him/herself and the child participant waives the right to inspect or approve versions of images used for publication or the written copy that may be used in connection with the images. Adult participant on behalf of him/herself and the child participant release company and company's assigns, licensees and successors from any claims that may arise regarding the use of my statements or images including any claims of defamation, invasion of privacy, or infringement to CheerLand that i have such person's actual and implied authority to execute this agreement on their behalf, including, but not limited to, the arbitration clause, waiver and release, and indemnity
If Adult Participant signs this Agreement on behalf of his/her spouse, child, family member, friend, minor child, or other person, Adult Participant warrants and represents to CheerLand that he/she has the legal authority and such person’s actual and implied authority to execute this Agreement on their behalf, including, but not limited to, the arbitration clause, release, indemnity agreement, and license
Participant represents to the Protected Parties that this Agreement is a complete and final release and indemnity agreement, that Participant is voluntarily entering into this Agreement, and no representations, promises, or statements made by any of the Protected Parties has influenced Participant in signing this Agreement. Participant agrees that there are no oral agreements, representations, promises, or warranties that are not expressly set forth herein, this Agreement may only be modified in writing, and that Participant is not relying on any statements or representations of the Protected Parties that are not expressly contained herein. Participant expressly agrees that this Agreement is intended to be as broad and inclusive as is permitted by the laws of the state in which the Premises is located and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. Participants acknowledge that he is signing this Agreement freely and voluntarily, and intends by Participant’s signature, to completely and unconditionally release the Protected Parties from all liability due to ordinary negligence and the inherent risks of the Activities to the greatest extent permitted by the laws of Texas.
Capitalized terms shall have the meaning set forth herein. This Agreement constitutes the entire agreement between the Protected Parties and the Participant, supersedes any and all previous oral or written promises or agreements and may only be modified in writing. The Participant further expressly agrees that this Agreement is intended to be as broad and inclusive as is permitted by the laws of Texas and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. Venue for any action brought hereunder or as a result of Participant’s use of the Premises or participation in the Activities shall lie in Collin County and only the substantive laws of Texas shall apply. By signing below, Participant authorizes CheerLand to communicate with Participant via email with updates, news, advertisements, and offers. Wherever any words are used herein in the masculine or feminine gender, they shall be construed as though they were also used in another gender in all cases where they would so apply.
Acknowledgments by Participants. Participant acknowledges on behalf of him/herself and the Child Participant(s) that Participant would not be granted access to the Premises or the ability to participate in the Activities but for these acknowledgments, Participant represents to the Protected Parties as follows:
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