RELEASE AND WAIVER OF LIABILITY, INDEMNITY
AND ASSUMPTION OF RISK AGREEMENT (“AGREEMENT”)
IN CONSIDERATION of being permitted to rent and allow the guests of the undersigned to use and enjoy the playzone equipment (the “Equipment”) provided by the Mighty Munchkins Playzone, LLC, a California limited liability company (“MMP”) for the undersigned’s event, the undersigned hereby acknowledges, agrees and represents that he or she has or immediately upon entering the Equipment area will, inspect such premises and facilities and that the undersigned finds and accepts same as being safe and reasonably suited for the purposes of play activities, observation, use or participation.
IN FURTHER CONSIDERATION OF BEING PERMITTED TO ENTER MMP FOR ANY PURPOSE INCLUDING, BUT NOT LIMITED TO OBSERVATION, USE OF EQUIPMENT, OR PARTICIPATION IN ANY WAY, THE UNDERSIGNED HEREBY AGREES TO THE FOLLOWING:
THE UNDERSIGNED HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE MMP and any of its directors, officers, employees, agents, consultants, successors, heirs, assigns and insurers (“Releasees”), from or for any and all liability to the undersigned for any loss or damage, and any claim or demands therefor on account of injury to the person or property or resulting in death of the undersigned or its guests (invited or uninvited), whether caused by MMP’s negligence or otherwise, while the undersigned is in, upon, or using any equipment or in any other way participating with the Equipment.
THE UNDERSIGNED HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS Releasees from any loss, liability, damage or cost they may incur due to the presence of the undersigned in, upon or about MMP’s premises or in any way observing, or using any of MMP’s facilities or equipment or in any other way participating with the Equipment whether caused by the negligence of the Releasees or otherwise.
THE UNDERSIGNED HEREBY ASSUMES FULL RESPONSIBILITY FOR AND ACCEPTS THE RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE due to the negligence of Releasees or otherwise while in, about or upon MMP’s premises and/or while using the premises or any facilities or equipment or in any other way participating with the Equipment. The undersigned acknowledges that participation with the Equipment involves an element of risk and danger of injury or harm. The undersigned is fully aware of the risks and knowingly and voluntarily accepts the risk and assumes responsibility for all liability and risk associated with the undersigned’s participation.
THE UNDERSIGNED further expressly agrees that this Agreement is intended to be as broad and inclusive as is permitted by California law and that if any portion of this Agreement is held invalid, that the balance shall continue in full legal force and effect. This Agreement is binding on the undersigned’s heirs, executors, administrators, assigns, and all of the undersigned’s family members, and applies to all loses related to the undersigned’s participation in this Event.
THE UNDERSIGNED HAS CAREFULLY READ, FULLY UNDERSTANDS AND VOLUNTARILY SIGNS THIS AGREEMENT, and further agrees that Releasees have not made any oral representations, statements or inducements apart from this Agreement.