This Participant Agreement: Consent, Waiver, and Release (“Agreement”) is entered as of the Effective Date by and between the Customer, on behalf of themselves and any and all Participants whether listed individually above or not, which may be, but are not limited to, their minor children, wards, supervisees, and any other person on whose behalf Customer enters this Agreement, and Indigo Play – Austin, LLC (“Indigo Play”).
In consideration of the use and enjoyment of Indigo Play’s premises, facilities, and equipment and of Indigo Play’s provision of playspace, recreational structures, sports courts, food service, food service areas, coordinated or individual group and individual play activities and all appurtenant and related services (collectively the “Services”) provided by Indigo Play, Customer, on behalf of themselves, their principals, heirs, assigns, children, parents, estate, insurers, their supervisees, and the Participants, including but not limited to all children, minors, wards, incapacitated persons, or other individuals represented by Customer, hereby understands, acknowledge, agree, affirm, and consent to the following terms:
1. I understand, acknowledge, agree, affirm and consent to Indigo Play’s posted rules and regulations as the same may be amended from time to time and understand that these rules and regulations are created for the safety of all parties present at Indigo Play and that violation of any rule may, at the sole discretion of Indigo Play, its representatives or agents, result in immediate removal of the offending party and their entire group without refund or recompense;
2. I further understand, acknowledge, agree, affirm and consent to the use of Indigo Play’s Services and that the use and participation in the Services carry inherent risks to myself, the Customer, and the Participants both known and unknown including, but not limited to: bodily injury, up to and including death, as well as other physical or emotional injury of all kinds, including, but not limited to, serious physical injury, emotional and mental illness, disease, paralysis, or damage to the Customer’s or Participants’ personal property. (cumulatively “Risks”);
a. In further recognition of the Risks I understand, acknowledge, agree, affirm and consent to all Risks and knowingly assume the possibility of such consequences as may result from the Risks both for myself, the Customer, and all Participants and certify that both myself, the Customer, and all Participants are physically able to participate in all Services without aid or assistance and am willing to assume the risk of any medical physical condition created or exacerbated by the Services proper or improper;
b. AS SUCH, I EXPRESSLY, BY SIGNATURE HERETO, AND IMPLICITLY, BY USE AND ENJOYMENT OF THE SERVICES, TO THE MAXIMUM EXTENT ALLOWED BY LAW RELEASE AND DISCHARGE INDIGO PLAY, ITS MEMBERS, DIRECTORS, EMPLOYEES, AGENTS AND OTHER REPRESENTATIVES, AND ANY AND ALL OWNERS OF PROPERTY ON WHICH THE SERVICES TAKE PLACE AND FURTHER INDEMNIFY AND HOLD EACH OF THEM HARMLESS FROM ANY AND ALL CLAIMS, ACTIONS, CAUSES OF ACTION, LIABILITY DAMAGES, EXPENSES AND OR PERSONAL INJURIES OR PROPERTY DAMAGE AND/OR DEATH ARISING OUT OF OR RESULTING FROM ANY SERVICES OR ACTIVITY WHICH TAKES PLACE AS A RESULT OF ANY SERVICES OR ON ANY PROPERTY EQUIPMENT OWNED OR MAINTAINED BY INDIGO PLAY INCLUDING ANY CLAIM, ACTION, CAUSE OF ACTION, LIABILITY, DAMAGES, EXPENSES AND OR PERSONAL INJURIES OR PROPERTY DAMAGE CAUSED BY SUCH INDEMNIFIED PARTIES’ NEGLIGENCE, INCLUDING ANY COMPARATIVE NEGLIGENCE, BUT NOT THEIR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.
3. I further understand, acknowledge, agree, affirm and confirm that in the event Customer is incapacitated or cannot be contacted through reasonable efforts, by signature hereto, Customer hereby empowers and grants to Indigo Play their representative permission to consent to and authorize medical and hospital care and treatment for themselves and the Participants;
4. I further understand, acknowledge, agree, affirm and allow Indigo Play to use photos and or videos of myself, the Customer, and / or the Participants in any printed and electronic publications without notice or compensation and without any right of prior inspection or modification. Photos taken on Indigo Play’s cameras are the property of Indigo Play and may not be used for any publication purposes without written permission from Indigo Play.
5. I further understand, acknowledge, agree, affirm and represent that no promises, inducements, or agreements not herein expressly written have been made and that this Agreement contains the entire agreement between the parties, and that this Agreement shall be binding on the Customer, the Participants and each of their heirs executors, personal representatives, successors and assigns.
6. Finally, I understand, acknowledge, agree, affirm and confirm that:
a. This Agreement shall be governed by the laws of the State of Texas and without regard to any conflict of law rules, any disputes governed hereunder shall be resolved in a court of competent jurisdiction in Travis County, Texas;
b. If any provision of this Agreement is found to be void or unenforceable, the remainder of the document shall remain in full force and effect;
c. I have the actual authority to enter this Agreement both on behalf of myself and all Participants as either parent, guardian, or authorized agent of the Participant’s parent or guardian;
d. I have read, knowingly, and voluntarily signed this Agreement and understand its contents and that this Agreement is a binding contract and have had ample opportunity to consult with my own legal counsel regarding the contents hereof.