Flight Fit N Fun (Cliffwood) LLC dba Air Trampoline Sports
Patron Agreement waiving all claims for personal injuries against Flight Fit N Fun (Cliffwood) LLC dba Air Trampoline Sports Notice of Inherent Risks of Injuries and Acceptance of Patron Code of Responsibilities
Adults (18 and over)
IMPORTANT NOTICE: YOU ARE SIGNING A LEGAL AGREEMENT!
Read this agreement completely and do not sign it unless you understand its terms and voluntarily agree to be bound by its terms. (1) By signing this agreement, you on behalf of yourself, your spouse, your children, your family, your heirs, your assigns, your estate, your personal representatives agree to waive, hold harmless and forever discharge Flight Fit N Fun (Cliffwood) LLC dba Air Trampoline Sports, together with their agents, owners, officers, directors, employees, representatives, and assigns. (Hereinafter referred to as ATS), from any and all claims, demands, causes of actions, and legal liability for any and all harm, serious or non serious personal injuries, death, paralysis, losses, damage, economic or non economic losses sustained by you, based on the ordinary negligence of ATS, that are in any way associated with or related to ATS trampoline activities or non trampoline activities, or your use of any ATS equipment, fixtures or amenities, including, but not limited to, trampolines or non trampoline equipment, or your participation in any activity, recreation, exercise, party, class, program, training or personal training on ATS's premises, or the failure of ATS to provide instruction, training, supervision or enforcement of ATS rules, or the malfunctioning of any equipment fixtures or amenities, or ATS's failure to render or secure prompt medical care for you. (2) You agree to sign this agreement in consideration for ATS granting you the license to participate in or view the trampoline activities on ATS's facilities or use the equipment and fixtures on ATS's facilities. (3) By signing this legal agreement, you acknowledge that you have had sufficient time to read and understand the agreement, and voluntarily agree to its terms. (4) This agreement is in full force and effect on the date that you sign the agreement and on any other future date that you participate in, view or attend the trampoline or non trampoline activities in ATS's facilities.
2 PATRON AGREEMENTS REGARDING ATS TRAMPOLINE ACTIVITIES/ FACILITIES. a. You expressly agree and promise to accept and assume all of the inherent risks existing in activities at ATS. b. Your participation in activities at ATS is entirely voluntary on your part and you elect to participate in spite of the known risks of injury or death that may result from your use of ATS equipment or facilities including any claims which may allege a negligent act or omission by ATS or its owners, officers, directors, managers , agents, servants or employees. c. You understand that this perpetual release/waiver will apply to each and every occasion that you visit an ATS facility in New Jersey. d. In the event that you file a lawsuit against ATS resulting from intentional conduct or gross negligence, you agree to do so in the State of New Jersey and further agree that the substantive law of New Jersey shall apply to that action without regard to the conflict of law rules of the state. e. You agree that if any portion of this agreement is found to be void, unenforceable, or against public policy, the remaining contract shall remain in full force and effect. f. You irrevocably grant ATS the right to photograph, videotape and/or record you and to use your name, face, likeness, voice, appearance in connection with exhibitions, publicity, advertising and promotional material without reservation or limitation.
1. ATS TRAMPOLINE FACILITIES and ACTIVITIES HAVE INHERENT RISKS OF INJURY. a. You acknowledge that your participation in trampoline court activities and other activities at ATS entails challenging physical activities and exertion and known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damages to you, to property, or to third parties. You and other patrons may fall, jump, land, collide with others including staff and spectators. You understand that such risks cannot be eliminated without changing the nature of the trampoline activity and other activities that take place in the ATS facility. b. You will be participating with other patrons you may not know who have different levels of skills and experience. This may increase your risk of sustaining an injury. During your trampoline activity and non trampoline activities, you may unavoidably achieve body positions that result in personal injury during your participation. Those risks include among other things slipping, tripping and falling, collisions with fixed objects or people, injuries including sprains, fractures, scrapes, bruises and cuts, dislocations, pinched fingers and serious injuries to the neck, back or head. c. You may sustain injury as a result of slipping on or striking surrounding trampoline support elements, including the floor bottom, support structures, containment walls, entering or exit riders, ride attendants or other ride components. Since the trampoline equipment contains meta fiberglass, plastic, or other hardened substances, your contact with them may also cause you to sustain serious personal injuries.
3. SAFETY IS A SHARED RESPONSIBILITY: YOU AGREE TO FOLLOW THE CODE OF PATRON RESPONSIBILITY: a. You acknowledge that there are inherent risks in the participation in or on any trampoline court. Patrons of a trampoline court, by participation, accept the risks inherent in such participation of which the ordinary prudent person is or should be aware. Patrons have a duty to exercise good judgment and act in a responsible manner while using the trampoline court and to obey all oral or written warnings, or both, prior to or during participation, or both. b. You have a duty to not participate in or on any trampoline court when under the influence of drugs or alcohol. c. You have a duty to properly use all trampoline court safety equipment provided. d. You have a duty to not participate in or on any trampoline court if you have pre-existing medical conditions, circulatory conditions, heart or lung conditions, recent surgeries, back or neck conditions, high blood pressure, known pregnancy, any history of spine, musculoskeletal or head injuries, or may be pregnant. e. You have a duty to remove inappropriate attire including hard, sharp or dangerous objects such as buckles, pens, purses, badges and so forth. f. You have a duty to avoid bodily contact with other patrons. g. You have a duty to conform with or meet height, weight or age restrictions imposed by the manufacturer or owner to use or participate in the trampoline park activity. h. You have a duty to avoid crowding or overloading individual sections of the trampoline court. I. You have a duty to use the trampoline court within their own limitations, training and acquired skills. j. You have a duty to avoid landing on the head or neck. Serious injuries, paralysis or death can occur when landing on the trampoline court bed. k. You also agree to follow and obey all posted and stated warnings and patron education signs.
4. PERSONAL PROPERTY: I understand that FFF is not responsible for any property brought onto the premises. This includes use of the lockers and cubby storage. By signing this form, you release FFF from all liability of property and monetary loss of all personal property lost or stolen on our premises.
I understand that this is the entire agreement between myself and ATS and that it cannot be modified or changed in any way by the representations or statements of any employee or agent of ATS or by me.
My electronic signature indicates that I have fully read this agreement, understand it and agree to be bound by its terms.
SIGNATURE OF PARTICIPANT AND/OR PARENT OR LEGAL GUARDIAN
PLEASE NOTE WE RESERVE THE RIGHT TO REVIEW YOUR DRIVER’S LICENSE AND/OR OTHER FORMS OF IDENTIFICATION IN ORDER TO VERIFY IDENTITY AND YOUR DATE OF BIRTH / AGE. SECTION REQUIRED FOR ALL PARTICIPANTS and the PARENT or LEGAL GUARDIAN OF A MINOR CHILD. YOU MUST BE 18 YEARS OF AGE OR OLDER TO SIGN THIS DOCUMENT ON YOUR OWN BEHALF. ALL INFORMATION IS REQUIRED.