IN CONSIDERATION OF (CHILD/CHILDREN), my child/ward, being allowed to participate in any way in MONKEY MOUNTAIN, LLC’s (together with its directors, owners, agents, employees and principals, the “Releasees”) drop-in, drop-off, enrichment classes, and/or other programs, activities or events (collectively, the “Monkey Mountain Programs”), the undersigned hereby acknowledges, appreciates and agrees as follows:
1. The risk of injury to my child from the activities involved in these programs in significant, including the potential for permanent disability and death ,and while particular rules, equipment and personal discipline may reduce this risk, the risk of serious injury does exist;
2. For myself, spouse and child, I knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of the releasees or others, and assume full responsibility for my child’s participation;
3. I willingly agree to comply with the program’s stated and customary terms and conditions for participation. If I observe any unusual significant concern in my child’s readiness for participation and/or in the program itself, I will remove my child from the participation and notify the appropriate staff immediately;
4. I, myself, and on behalf of my spouse, my child, and all other parties responsible for my child’s wellbeing, hereby release and hold harmless all releasees. With respect to any and all injury, disability, death or loss or damage to person or property while participating in the Monkey Mountain Programs;
5. I agree to accept and assume all of the risks existing in the Monkey Mountain Programs and certify that my participation in the same is purely voluntary and that I choose to participate in spite of the risk;
6. I agree that I will pay for the cost of any medical services my child or I may require as a result of any injury incurred while participating in the Monkey Mountain Programs;
7. I recognize that the actions of others may cause me injury, and I agree to release, indemnify and discharge all releasees for any damages or injuries I incur that are caused by another participant or participants;
8. I certify that I have sufficient personal insurance to cover possible damage or injury that I may occur to me that I may cause to someone else. I also assume the risk of injury or aggravation f injury resulting from any preexisting medical or physical condition that I may have, both known and unknown.
9. In the event that there is any litigation between myself and Monkey Mountain, I agree that should Monkey Mountain be forced to uncur attorney’s fees to enforce this agreement, I agree to idemnify and hold Monkey Mountain harmless for all such fees.
10. Should my child require medical attention, I give permission to the staff of Monkey Mountain to seek or administer the necessary emergency medical care. I undertand that they will make every effort to contact me.
11. I consent to the use, by Monkey Mountain or anyone it authorizes, of any and all photographs, tapes or other representations, and any reproductions thereof for purpose of promotion (including sale, publication, display and exhibition) without any expectation of compensation therefor.
12. I certify that I am the parent or legal guardian or the child listed above.
By sigining this waiver, and initialing each paragraph, I agree to follow all of the safety standards and rules and agree to respect the safety of others present and participating in the Monkey Mountain facility. I also acknowledge that if I am hurt, if I hurt someone else, AND/OR property is damaged during my participation in Monkey Mountain Activities, I have waived my rights to maintain a lawsuit against Monkey Mountain for liability or contribution if the injury is covered by this Liability Waiver, and I agree to be bound by the terms therein.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT