PARTICIPATION AGREEMENT
(Legal Guardian or Individual over the age of 18)
INHERENTLY RISKY RECREATIONAL ACTIVITY - MAY RESULT IN DEATH OR PARALYSIS - JUMP AT OWN RISK
THIS PARTICIPATION AGREEMENT ("Agreement") is made and is effective as of the last date executed (hereinafter the "Effective Date") by and between Supreme Sports Studio Pvt Ltd (hereinafter "Supreme Sports Studio") and the adult or guardian identified (hereinafter "Adult"), who is executing this Participation Agreement personally, and on behalf of themselves and any minor children specified below (the Adult and any minor children are collectively referred to hereinafter as the "Participants"). Supreme Sports Studio and Participants are collectively referred to hereinafter as the "Parties."
WHEREAS, Supreme Sports Studio owns and/or operates a recreational trampoline park located at Serilingampally, Hyderabad, Telangana (hereinafter the "Trampoline Park"); and
WHEREAS, Supreme Sports Studio makes the Trampoline Park available to customers solely for recreational use and enjoyment, not as a service to the general public; and
WHEREAS, Participants desire to participate in ALL the recreational activities available at the Trampoline Park; and
WHEREAS, Participants know, understand and acknowledge that participation in ANY of the recreational activities available at the Trampoline Park is purely voluntary, not essential or necessary, and intended solely for recreational enjoyment; and
WHEREAS, Participants know, understand and acknowledge that the use of trampoline equipment (including the trampoline equipment at Supreme Sports Studio, obstacle courses and the facilities constitutes an inherently risky recreational activity that is likely to result in serious injury (such as paralysis and death), damage to property, and injury to third parties; and
WHEREAS, Supreme Sports Studio will not make the Trampoline Park available to Participants unless Participants are willing to take personal responsibility for any and all known and unknown injuries to Participants, damage to property, and injuries to third parties that may result from Participants' voluntary participation in ALL the recreational activities available at the Trampoline Park and any of the other causes identified hereinafter.
AGREEMENT NOW, THEREFORE, in consideration of the premises and the mutual covenants, conditions, representations, and agreements contained herein, as well as the cost of admission to the Trampoline Park, the Parties hereby agree as follows:
1. Waiver and Release of Liability
Whether using equipment and/or the facilities or not, all Participants, on behalf of themselves, and their parents, spouses, children/wards, heirs, assigns, representatives, estates, successors, attorneys, insurers, and all other persons, firms, partnerships or corporations connected therewith (collectively referred to hereinafter as the "Releasing Parties"), forever, finally, fully, permanently and unconditionally waive, release, acquit and discharge Supreme Sports Studio and its present and former employees, owners, members, principals, directors, subsidiaries, affiliates, representatives, predecessors, successors, shareholders, partners, parents, officers, agents, assigns, servants, attorneys, insurers, suppliers, manufacturers, clients, customers, participants, and all other persons, firms, partnerships or corporations connected therewith (collectively referred to hereinafter as the "Released Parties"), to the fullest extent permitted by law, from any and all charges, claims, debts, disputes, demands, suits, causes of action, rights of action, dues, sums of money, accounts, liabilities, losses, expenses and damages, absolute or contingent, known or unknown, whether or not asserted, threatened, alleged or litigated, now existing or arising in the future, at law or equity, whether caused by the negligence of Released Parties or otherwise, that arise out of or relate in any way to Participants' use of the trampoline equipment and any of the other facilities at the Trampoline Park, and any claims for costs, expenses and attorneys' and expert fees associated therewith.
2. Assumption of Risk
Releasing Parties know, understand and acknowledge that the use of trampoline equipment (including the trampoline equipment at Trampoline Park), obstacle courses, as well as the facilities constitute an inherently risky recreational activity that may result in serious injury (such as paralysis and death), injury to third parties, and damage to property. Releasing Parties know, understand and acknowledge that these risks include, but are not limited to, falling off equipment, double bouncing, collision with fixed objects and/or people, and failed attempted jumps and stunts. Releasing Parties hereby assume the risk both known and unknown of personal injury or death, injury to third parties, and damage to property that arise out of or relate in any way to Participants' past, present or future use of the trampoline equipment, obstacle course, and the Trampoline Park premises.
3. Indemnification
To the extent allowed by law, the Releasing Parties hereby indemnify and covenant to hold harmless and defend Released Parties from any and all charges, passive and active negligence, claims, debts, disputes, demands, suits, causes of action, rights of action, dues, sums of money, accounts, liabilities, losses, expenses and damages, absolute or contingent, known or unknown, whether or not asserted, threatened, alleged or litigated, now existing or arising in the future, at law or equity, whether caused by the negligence of Released Parties or otherwise, that arise out of or relate in any way to Participants' use of the trampoline equipment and any of the other facilities at the Trampoline Park, or based on or arising out of any breach of this Agreement, its covenants, representations, or warranties by the Releasing Parties, and any claims for costs, expenses and attorneys'/expert fees associated therewith.
4. Fitness to Participate
Participants represent that they:
(i) Are in good health, and in proper physical condition to participate in ALL activities on the Trampoline Park premises;
(ii) Are NOT under the influence of alcohol, illicit or prescription drugs that would in any way impair their ability to safely participate in any activity on the Trampoline Parks premises;
(iii) Do NOT have ANY preexisting conditions which would make Participants unfit to participate in ANY activity at the Trampoline Park. It is the sole responsibility of all Participants to determine the sufficiency of health, fitness, and ability to participate in ANY activity on the Trampoline Park premises.
5. Covenant Not to Sue
Releasing Parties hereby covenant not to sue Released Parties on account of any and all charges, claims, debts, disputes, demands, suits, causes of action, rights of action, dues, sums of money, accounts, liabilities, losses, expenses and damages, absolute or contingent, known or unknown, whether or not asserted, threatened, alleged or litigated, now existing or arising in the future, at law or equity, whether caused by the negligence of Released Parties or otherwise, that arise out of or relate in any way to Participants' use of the trampoline equipment and any of the other facilities at the Trampoline Park, and any claims for costs, expenses, and attorneys' fees associated therewith.
6. Representations, Warranties, and Further Assurances
Adult represents and warrants that she/he was given ample opportunity to read and review this Participation Agreement. Adult further represents and warrants that she/he is the parent or legal guardian of the minor Participants and that she/he has and will maintain adequate medical or other insurance to cover and pay for any possible injury that may occur to
7. Integration
This Participation Agreement constitutes the entire and only agreement and understanding between the Parties with respect to the subject matter hereof and may not be altered, enlarged, or abridged except by an agreement in writing executed by all of the Parties hereto.
8. Binding Nature of this Participation Agreement
The provisions of this Participation Agreement shall inure to the benefit of, and be binding upon, the Parties hereto and their respective successors and assigns.
9. Severability
All the provisions of this Participation Agreement shall be considered as separate terms and conditions. In the event that any provision hereof is determined to be invalid, prohibited, or unenforceable by a court or other body of competent jurisdiction, this Participation Agreement shall be construed as if such invalid, prohibited, or unenforceable provision had been more narrowly drawn so as not to be invalid, prohibited, or unenforceable. Notwithstanding the foregoing two sentences, in the event that any of the provisions of this Participation Agreement should be determined to be invalid, prohibited or unenforceable, the validity, legality, and enforceability of the remaining provisions contained in this Participation Agreement shall not in any way be affected or impaired thereby.
10. Choice of Law and Jurisdiction
This Participation Agreement shall be governed by and construed in accordance with the laws of the State of Telangana without regard to any conflict of law rules of another state. Releasing Parties explicitly know, understand and acknowledge that the laws of the State of Telangana may be more likely to recognize the validity and enforceability of the terms of this Participation Agreement and particularly the parental waiver and indemnification provisions than the laws of the other states (including the state where the Trampoline Park is located, and/or the Releasing Parties reside). In executing this Participation Agreement, Releasing Parties' expressly intend and desire for the substantive laws of the State of Telangana to govern the validity and enforceability of this Participation Agreement.
11. Mediation and Arbitration
Any and all disputes, claims, or controversies arising out of or relating in any way to this Agreement, including but not limited to Participants' use of the trampoline equipment, the obstacle course or any of the other facilities, or premises at the Trampoline Park shall be submitted to a formal mediation using a mediator, or a comparative impartial third party, either appointed by the Indian Arbitration Association or any other mediator to which the Parties agree in writing. Mediation must commence within any applicable statute of limitations and shall be deemed to commence when a Party notifies the agreed-upon mediator, in writing, of its request for mediation, the subject of the dispute, and the relief requested. Mediation shall be deemed to be in the nature of settlement negotiations and any dispute not otherwise satisfactorily resolved shall be subject to mandatory, final and binding arbitration. Either Party may initiate arbitration with respect to the matters submitted to mediation by notifying the other Party, in writing and within ten days after the mediation is concluded, of its demand for arbitration. Unless otherwise agreed by the Parties, the mediator shall be disqualified from serving as arbitrator in the case. Any mediation and arbitration shall be conducted in the State of Telangana. Similar to a judge or jury, an arbitrator may grant any remedy or relief that the arbitrator deems just and equitable and within the scope of the agreement of the parties, however, the scope and rules of arbitration differ, and review is limited. The arbitration shall be the sole and exclusive forum for the resolution of the dispute, claim or controversy, and the award shall be in writing, state the reasons for the award, and be final and binding. Judgment thereon may then be entered in any court of competent jurisdiction. By Signing this Agreement, the Participants, to the fullest extent permitted by law, agree to this Section 11 and agree to settle disputes only by mediation and/or arbitration. Participants thereby waive their right to seek relief in a court of law and have any and all claims decided by a jury or a judge, or to maintain other available court action or administrative proceedings to settle Participants' disputes.
12. Attorney Fees for Breach of this Participation Agreement
In the event either Party hereto defaults in any of the covenants or agreements contained herein, including without limitation the eleventh clause, the non-prevailing Party shall pay all costs and expenses, including reasonable attorneys' fees and expert fees, incurred by the prevailing Party as a result of this default.
13. Acknowledgment of the Rules
All participants MUST READ, UNDERSTAND and FOLLOW all Trampoline Park rules. By signing this Agreement, you are representing and warranting that you have READ, UNDERSTAND and WILL FOLLOW ALL RULES.
14. Video, Photo, and Image Release
The Agreement gives Supreme Sports Studio the exclusive rights and permissions to use all media captured on the Trampoline Park premises. Including but not limited to security footage, photos, and video. Which can be used for any and all purposes including but not limited to publication in both printed and electronic media, internet, websites, advertisement, and other promotional uses.
15. Subsequent Visits
This Agreement shall apply to ALL of the Participants' future visits to Supreme Sports Studio IN WITNESS WHEREOF, the Adult has signed this Participation Agreement as of the date set forth above.
I verify that I have or will watch the Safety Video
By ticking the box (Online Users), you are electronically certifying this waiver document either for yourself or as a legal Guardian to the person using the Trampoline Park just as if you would physically sign it if it was on paper.
