MAJESTKIDS CUSTOMER RELEASE OF LIABILITY, ASSUMPTION OF RISK, INDEMNITY AND HOLD HARMLESS
In consideration of being permitted by MAJESKIDS, LLC (MAJESTKIDS, NINJADVENTURE PARK) to participate in its activities and to use its equipment and facilities, I hereby agree to release, discharge, indemnify and hold harmless MAJESKIDS, its agents, owners, members, shareholders, directors, partners, employees, volunteers, manufacturers, participants, lessors, franchisors, parent, affiliates, its subsidiaries, related and affiliated entities, successors and assigns (collectively, the RELEASED PARTIES), on behalf of myself, my spouse, my children, any minor accompanying myself, my parents, my heirs, assigns, school personal, caregiver personal representative and estate as follows:
1. I acknowledge that my participation in MAJESTKIDS/NINJADVENTURE entails known and unknown risks that could result in physical or emotional injury, paralysis, deal, or damage to me, property, or to third parties. I understand that suck risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. MAJESTKIDS/NINJADVENTURE PARK activities involve many risks, including but not limited to the following: All play equipment and all things inside the facility entails certain risks that simply cannot be eliminated without jeopardizing the essential qualities of the activity. Our play equipment exposes its participants to the usual risk of cuts and bruises. Other more serious risk exists as well. Participants can fall off equipment, sprain, or break wrists and ankles, and can suffer more serious injuries as well. Traveling to and from one location raises the possibility of any manner of accidents. Interfering with someone’s bounce on the jumping pillow or inflatable equipment can cause serous injury. Bouncing on the jumping pillow can be dangerous and can cause serious injury and must be done at the participant’s own risk. Coming down the slides can cause serious injury. Also, injuries can be caused by coming into contact with other customers or persons at the facility. MEJSTKIDS has no control or is in no way liable for any injury resulting from other minors, parents, or guardians at the facility. In any event, if you or your child is injured, you or your child may require medical assistance, at your own expense.
2. I further acknowledge that MAJESKIDS/NINJAADVENTURE serves food on premises. I fully comprehend and accept all the risks associated with eating food from MAJESTKIDS. I acknowledge those risk include, without limitation, injury or death resulting from food sickness, allergic reactions, and choking. I assume all risks, known and unknown, foreseeable and unforeseeable, in any way connected with my participation in MAJESKIDS food service. I acknowledge MEJSTKIDS cannot accommodate food allergies. I retain sole responsibility for ensuring that the food and beverages I choose to consume are consistent with my food restrictions and preferences, and I waive all claims against MAJESTKIDS arising out of my consumption of any and all food and beverages I choose to consume are consistent with my food restrictions and preferences, and I waive all claims against MAJESTKIDS arising out of my consumption of any and all food and beverages to which I may have an allergy or aversion.
3. Waiver of Liability of Ordinary Negligence of MAJESTKIDS/NINJADVENTURE– I further acknowledge that MAJESTKIDS/NINJADVENTURE employees, including managers and volunteers, have difficult jobs to perform. They seek safety, but they are infallible. They might be unaware of a participant’s fitness or abilities. They may give incomplete warnings or instructions, and the equipment being used might become loose, out of adjustment, or malfunction. There is also a risk that MAJESTKIDS employees may be negligent in, among other things, monitoring and supervising use of tits equipment and facilities and in the maintenance and repair of its equipment and facilities. In consideration of permission for my child/children to participate in MAJESKIDS activities, today and on all future dates, I, on behalf of myself, my spouse, heirs, children, executors, administrators, personal or legal representatives, and assigns do hereby waive, release, covenant not to sue and discharge RELEASED PARTIES from liability from any and all claims, demands, and actions of every name and nature including those arising from the ordinary negligence of the Protected Parties.
4. I expressly understand the risks, I also expressly understand that all of the risks are done at my own risk, and I 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.
5. I hereby voluntarily fully waive release, forever discharge, indemnify and hold harmless RELEASED PARTIES from any and all claims, demands, or causes of action, responsibilities or liabilities, for any kind of damages, which in any way arise out of or are in any way connected with my participation in any or all activity at a MAJESKIDS facility or my use of MAJESKIDS equipment or facilities, or any act or omission of the RELEASED PARTIES including negligence by MAJESTKIDS representatives, managers, employees, volunteers and all negligence in the design, construction, manufacture, condition, maintenance, or repair of the equipment or facilities.
6. I further herby voluntarily release, forever discharge, indemnify and hold harmless RELEASED PARTIES from any and all claims, demands, or causes of action, responsibilities or liabilities, for any ,kind of injuries, including death, or any kind of damages, which in any way arise out of or are in any way connected with my minor child (ren)’s attendance at a MAJESTKIDS/NINJADVENTURE facility (or any child(rent) under my care while at the facility), their participation in any or all activity at a MAJESTKIDS facility or any use of MAJESTKIDS/NINJADVENTURE equipment or facilities, or any act of omission of the RELEASED PARTIES including negligence by MAJESTKINDS/NINJADVENTURE representatives, managers, employees, volunteers and all negligence in the design, construction, manufacture, condition, maintenance, or repair of the equipment or facilities.
7. I agree that if the participant is a minor, I further agree to fully defend, indemnify and hold harmless the RELEASED PARTIES from and against any and all claims, losses, damages, causes of action, suits, and liabilities of every kind, including all expenses of litigation, including but not limited to attorney’s fees and costs, arising out of any kind of injury to the minor, including death, property damage or any other damage, which are brought by, or on behalf of the minor, and which in any way arise out of or are connected with activity, use or participation by the minor at a MAJESTKIDS/NINJADVENTURE facility, including all injuries, death or damages caused by the negligent acts or missions of the RELEASED PARRTIES and/or third parties. Such indemnity shall apply whether the claims, damages, losses, causes of action, suits, or liability arise in whole or in part from the negligence or fault of the RELEASE PARTIES or negligence or fault of the design, construction, manufacture, condition, maintenance, or repair of the equipment or facilities. It is the express intention of the parties hereto, both myself and the RELEASED PARTIES, that the indemnity provided for in this paragraph is indemnity by me to indemnify, defend and hold harmless the RELEASED PARTIES for their own negligence, whether the negligence is the sole or concurring cause of injury, death, or damage.
8. I on behalf of that minor participant and all of the releases, waivers and promises herein are binding on that minor participant. I represent that I have full authority as Parent or Legal Guardian to bind the minor participant to this agreement.
9. I further hereby agree to indemnify, defend and hold harmless the RELEASED PARTIES from any and all liability, claims, suits, demands, causes of action, expenses of litigation, including but no limited to, attorney’s fees and costs, which arise out of or are connected to injury to other participants at a MAJESTKIDS/NINJADVENTURE facility, or damage to the property of other persons who are participants at a MAJESKIDS/NINJADVENTURE facility, caused by me or my minor child(ren)’s negligence, fault, acts or omissions. I agree that I will at my own cost and expense defend and indemnify the RELEASED PARTIES against any and all such claims. Should any of the RELEASED PARTIES be required to incur attorney’s fees and costs to enforce this agreement, I agree to reimburse them for all such fees and costs.
10. I certify that I have adequate insurance to cover any injury or damage that I or the minor(s) under my car may cause or suffer while at MAJESTKIDS, or alternatively, I agree to bear the cost of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition that I or the minor(s) under my care may have.
11. In the vent that I file a lawsuit against MAJESTKIDS/NINJADVENTURE, I agree to do so solely in the state of Texas, county of Fort Bend and I further agree that the substantive law of Texas shall apply in that action without regard to the conflict of the law rules of that sate.
12. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. By signing this agreement, I acknowledge that if or anyone under my care is hurt or property damaged during my participation in this activity, I may be fo9und by a court of law to have waived and released my or the minor participant’s right to maintain a lawsuit against MAJESTKIDS/NINJADVENTURE or any RELEASED opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
13. Acknowledgements to Promote Participant Safety: These affirmations aid MAJESKIDS/NINJADVENTURE in providing for health and safety of the participant.
a. Health Status. I affirm that my child/children/accompanying minor:
i. Possesses no health problems or physical disabilities that would make participation unwise or risk injury.
ii. Understands that MAJESTKIDS/NINJADVENTURE advises all participants to seek medical clearance prior to participation.
iii. Possesses sufficient skills, experience in the activity, coordination, and fitness to safely participant.
b. Medical Care. I authorize
i. The use of first aid by MEJESTKIDS/NINJADVENTURE if MEJESTKIDS/NINJAVENTURE staff deems it is needed.
ii. The use of CPR if MAJESKIDS/NINJADVENTURE staff deems it is needed.
iii. The use of AED (when available) should MAJESKIDS/NINJADVENTURE staff deem it is needed.
iv. MAJESTKIDS/NINJADVENTURE to secure emergency care and transport if deemed necessary.
v. I agree to assume all cost of emergency care and transportation.
c. Rules and safety. I agree
i. To explain MAJESTKIDS/NINJADVENTURE rules to the child/children and instruct the child to follow them.
ii. To report all injuries (even minor injuries) so that MAJESTKIDS/NINJADVENTURE may take necessary actions.
iii. That MAJESTKIDS/NINJADVENTURE has authority to halt my child’s participation if it endangers the child or others.
iv. That MAJESTKIDS/NINJADVENTURE requires that the parents/guardian take an active role in supervising their children during play.
v. To monitor and supervise my child/children during play AT ALL TIMES.
SMS Service
MajestKids | MajestKids | 5406 King Plains Creek Ln null Sugar Land TX US 77479-7046
General
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Messaging Terms Changes
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