In consideration for gaining access to 24 Lebovic Ave, Scarborough, ON M1L 4V9 and engaging in the services of Planet Fun Inc. (2544745 Ontario Inc.) and their agents, owners, officers, directors, representatives, affiliates, volunteers, participants, employees, insurers, and all other persons or entities acting in any capacity on their behalf, Planet Fun, I on behalf of myself, my spouse, my children, my parents, my heirs, personal representatives, estate, and insurers, agree as follows:
I acknowledge that my participation in Planet Fun trampolines and their indoor playground activity or activities entails known and unanticipated risks that could result in physical or emotional injury including, but not limited to broken or sprained bones, torn ligaments, paralysis, death or other bodily injury or property damage to myself, my child(ren), or to any third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. I agree and promise to accept and assume all of the risks existing in this activity. My and/or my child(ren)’s participation in this activity is purely voluntary and I elect to participate, or allow my child(ren) to participate in spite of the risks. If I and/or my child(ren) are injured, I acknowledge that I or my child(ren) may require medical assistance, which I acknowledge will be at my own expense or the expense of my personal insurer(s). I hereby represent and affirm that I have adequate and appropriate insurance to provide coverage for such medical expense. I UNDERSTAND AND AGREE THAT PLANET FUN WILL NOT PAY FOR ANY COSTS OR EXPENSES INCURR BY ME IF I/ AND/OR MY CHILD ARE INJURED UNLESS SUCH IMJURY WAS CAUSED BY GREATER THAN ORDINARY NEGLIGENCE OF PLANET FUN. In consideration of Planet Fun allowing my participation in trampoline activities, I for myself and on behalf of my child(ren) and/or legal ward, heirs, administrators, personal representatives, or assigns, do agree to hold harmless, release and discharge Planet Fun Inc. of and from claims, demands, causes of action, and legal liability, whether the same be known or unknown, anticipated or unanticipated due to Planet Fun’s ordinary negligence: and I, for myself and on behalf of my child(ren) and/or legal ward, heirs, administrators, personal representatives, or any assigns, further agree that except in the event of Planet Fun’s gross negligence and willful and wanton misconduct, I shall not bring any claims, demands, legal actions and causes of action, against Planet Fun for any economic and non-economic losses due to bodily injury, death, property damage sustained by me and/or my minor child(ren) that are in any way associated with Planet Fun trampoline activities. Should Planet Fun or anyone acting on their behalf be required to incur attorney’s fee and costs to enforce this Agreement, I for myself and on behalf on my child(ren), and/or legal ward, heirs, administrators, personal representatives or assigns, agree to indemnify and hold them harmless for such fees and costs.
I certify that I and/or my children are physically able to participate in all activities at the location without aid or assistance. I further certify that I am willing to assume the risk of any medical or physical condition that I and/or my children may have. I acknowledge that I have read the rules, (the “Planet Fun Rules”) governing my and/or my child(ren)’s participation in any activities at the location. I certify that I have explained the Planet Fun Rules to my child(ren) listed in the waiver. I understand that the Planet Fun Rules have been implemented for the safety of all guests at the Location. 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. If there are any disputes regarding this agreement, I on behalf of myself and/or my child(ren) hereby waive any right I and/or my child(ren) may have to a trial and agree that such dispute shall be brought within one year of the date of this Agreement.
I further grant Planet Fun the right, without reservation or limitation, to videotape, and/or record me and/or my child(ren) on public broadcast and/or different social media outlets, including but not limited to Facebook, Twitter, YouTube, Instagram.
I further grant Planet Fun the right, without reservation or limitation to photograph, videotape, and/or record me and/or my child(ren) and use my or my child(ren)’s name, face, likeness, voice and appearance in connection with exhibition, publicity, advertising and promotional materials. I would like to receive free email promotions and discounts to the email address below. I may unsubscribe from emails from Planet Fun at any time.
By signing this document, I acknowlege on behalf of myself and the participants listed in the Agreement (collectively, “Participant”) that if any Participant is hurt or property is damaged during the Particiapnt’s participation in this activitythe Participant has waived the right to maintain a lawsuit against Plane tFun policy on the basis of any claim from which the Participant has released.
I further certify that I am the parent or legal guardian of the child(ren) listed above on this agreement or that I have been granted power of attorney to sign this Agreement on behalf of the parent or legal guardian of the child(ren) listed above. In the event that I do not have the requisite authority to sign this Agreement on behalf of the child(ren) listed above, I agree that I shall be solely liable for any and all actions, causes of actions, penalties, claims, costs, services, compensations, or the like resulting from this misrepresentation. I agree to be contractually bound by this certification.
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