In consideration of the services of Jumbo Jumpers, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “JUMJ”), I hereby agree to release, indemnify, and discharge JUMJ, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative, and estate as follows:
1. I acknowledge that my participation in inflatable devices or any other amusement device activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: slips and falls; colliding with others which could cause sprains, broken bones and head injuries; cuts abrasions, and bruises; heat exhaustion, heatstroke, and cardiac-related events or illness; falling off or being thrown from the inflatable which could result in musculoskeletal injuries including head, neck, and back injuries; equipment failure or operator error; the negligence of other participants, or other persons who may be present; my own physical condition, and the physical exertion associated with this activity.
Furthermore, JUMJ employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all the risks existing in this activity. My participation in this activity is purely voluntary, and I elect ot participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless JUMJ from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of JUMJ’s equipment or facilities, including any such claims which allege negligent acts or omissions of JUMJ.
4. Should JUMJ or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else agree to bear the costs of such injury or damage to myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
6. In the event that I file a lawsuit against JUMJ, I agree to do so solely in the state of Louisiana, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
PARENT’S OR GUARDIAN’S ADDITIONAL INDEMNIFICATION
In consideration of any minor present at my event (“Minor”) being permitted to participate in activities and to use JUMMJ equipment and facilities, I further agree to indemnify and hold harmless JUMJ from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by Minor.