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You must agree to and follow all policies and procedures set forth by Flight’s Cool T&T Academy, Inc. and Jindy, Inc. DBA World Cup Stratosphere, its representatives and employees.
All persons who wish to use this facility or participate in or observe any activities or programs must understand and acknowledge that by proceeding to register online and type my name in the indicated fields, I am agreeing to sign this waiver electronically and that under applicable law such electronic registration and electronically signed document will be valid and enforceable in the same manner as a hand-signed document that exists in physical form. I understand that transactions and/or signatures in records may not be denied legal effect solely because they are conducted, executed, or prepared in electronic form, and that if a law requires a record or signature to be in writing, an electronic record or signature satisfies that requirement.
I grant to Flight’s Cool T&T Academy, Inc. and Jindy, Inc. DBA World Cup Stratosphere, its representatives and employees the
right to take photographs of me, and or my minor(s) and my property in connection with
the above-identified subject. I authorize Flight’s Cool T&T Academy, Inc., its
assigns and transferees to copyright, use and publish the same in print
I agree that Flight’s Cool T&T Academy, Inc. and Jindy, Inc. DBA World Cup Stratosphere, may use such photographs of me
or my minor(s) with or without my name and for any lawful purpose, including for
example such purposes as publicity, illustration, advertising, and Web
If you do not wish to have photos of you or your minor included in Flight’s Cool T&T Academy, Inc. and Jindy, Inc. DBA World Cup Stratosphere marketing you must submit in writing.The undersigned hereby irrevocably releases, waives, indemnifies, discharges and covenants not to sue Flight’s Cool T&T Academy, Inc. and Jindy, Inc. DBA World Cup Stratosphere (the “Company”), the owner and operator of the facility, activities and programs, and all of their respective officers, directors, managers, members, shareholders, owners, affiliates, subsidiaries, parent, agents, servants, representatives and employees, and all heirs, successors and assigns of any of the foregoing (collectively with the Company, the “Releasees”), from all liability to the undersigned.In consideration of being permitted to use the facility and/or participate in, observe or accept any activities, programs or services that may be sponsored, provided or otherwise made available to the undersigned from time to time by the Company or Releasees, including without limitation the use and/or rental of any equipment, tools, items, motorized or other conveyances, and similar and related activities and/or conveyances, and any travel incident thereto, the undersigned, in full recognition and appreciation of the risks, dangers and hazards inherent in the activities, programs and services, does hereby assume all responsibility for, and risk of bodily injury, death or property damage, surrounding, inherent in, or incidental to my participation or involvement therein without exception, including without limitation due to the negligence of the Company or otherwise, and further, do for myself, my estate, heirs, successors, assigns, estates, administrators, executors and personal representatives, whoever and whatever the case may be, hereby irrevocably and unconditionally consents and agrees to indemnify, defend, hold harmless, waive, release and forever discharge the Releasees from and against any and all liabilities, losses, damages, claims, demands, actions, causes of action, judgments, expenses and costs sustained, incurred or on account of any and all damage to property or personal injury or death which may result from any of the above and/or my participation therein, whether caused by the negligence of the Releasees or otherwise, and hereby covenants and agrees to not institute or cause to be instituted any legal proceeding, claim, complaint, administrative action or lawsuit against the Releasees premised upon any legal theory or claim whatsoever, in connection with the above described activities. In the event it becomes necessary for any party to enforce the provisions of this Assumption of Risk, Waiver and Release of Liability, the prevailing party shall be entitled to recover from the other party all costs and expenses associated with such action, including reasonable attorneys’ fees. The undersigned agrees to abide by all rules or instructions provided by the Releasees.I ACKNOWLEDGE THE RISKS OF PARTICIPATING IN THE ACTIVITIES, PROGRAMS AND SERVICES AND I AM VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES, PROGRAMS AND SERVICES WITH KNOWLEDGE OF THE RISKS, AND AGREE TO ASSUME ANY AND ALL RISKS OF DAMAGES, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN.The undersigned hereby assumes full responsibility for, and risk of bodily injury, death or property damage due to the negligence of the Releasees or otherwise while in, about or upon the premises of the Releasees or while participating in the above described activities. In the event it becomes necessary for any party to enforce the provisions of this Assumption of Risk, Waiver and Release of Liability, the prevailing party shall be entitled to recover from the other party all costs and expenses associated with such action, including reasonable attorneys’ fees.I HAVE READ, UNDERSTAND, AND AGREE TO THIS WAIVER AND RELEASE. I UNDERSTAND I GIVE UP SUBSTANTIAL RIGHTS BY SIGNING IT AND SIGN IT VOLUNTARILY AND KNOWINGLY AND BEING FULLY INFORMED OF MY RIGHTS.IF YOU ARE UNDER 18 YEARS OF AGE, YOU AND YOUR PARENT OR GUARDIAN MUST SIGN AND INITIAL THIS FORM WHERE INDICATED.Persons under the age of 18 (“minor”) are required to have an authorized parent or legal guardian (hereinafter “Parent”) read and sign this Release and Waiver. To the fullest extent allowed by law, the Parent individually and on behalf of the minor has read, understood, and expressly agrees to all of the terms of this Release and Waiver. The Parent agrees and acknowledges Parent’s and minor’s express assumption of risk, release of liability, indemnity and covenants not to sue Releasees, including for negligence.The Parent releases all of their rights or claims against Releasees including wrongful death damages and agrees to indemnify Releasees for any other parent’s claims even if Releasees are negligent. The Parent is solely responsible to explain and enforce all rules and to undertake all duties and responsibilities to educate control and protect the minor(s) from all of the risks involved in tumbling and trampoline. The Parent agrees to pay all medical bills and expenses incurred by the minor(s) and waives all rights of subrogation against Releasees. The Parent agrees to make all decisions concerning the minor’s participation and involvement in any activities, programs and services.
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