FALLS FAMILY FUN
ASSUMPTION OF RISK, WAIVER, AND RELEASE FROM LIABILITY
BY SIGNING THIS DOCUMENT YOU MAY BE WAIVING YOUR LEGAL RIGHT TO A JURY TRIAL TO HOLD THE PROVIDER LEGALLY RESPONSIBLE FOR ANY INJURIES OR DAMAGES RESULTING FROM RISKS INHERENT IN THE SPORT OR RECREATIONAL OPPORTUNITY OR FOR ANY INJURIES OR DAMAGES YOU MAY SUFFER DUE TO THE PROVIDER’S ORDINARY NEGLIGENCE THAT ARE THE RESULT OF THE PROVIDER’S FAILURE TO EXERCISE REASONABLE CARE (pursuant to Montana Code Ann. § 27-1-753).
I, on behalf of myself, my family, heirs, successors, assigns, and anyone claiming any interest through me or on my behalf hereby affirm that I have read this Assumption of Risk, Waiver, and Release from Liability (collectively, “Waiver”) in its entirety. By my signature below and by my initialing each paragraph, I agree to each and every term and the condition of this Waiver.
In consideration of the services provided by Falls Family Fun, LLC located at 207 Smelter Avenue Northeast, Suite 4, Great Falls, Montana 59404, which is Unit A of Plains View Plaza Condominium, their employees, members, managers, volunteers, agents, and representatives (collectively “Falls Family Fun”), and being permitted to use the facilities of and participate in the activities and/or recreational opportunities at Falls Family Fun, I hereby agree to release, indemnify, and discharge FallsFamily Fun, and agree to each and every term and conditions set forth in this Waiver
ACKNOWLEDGMENT AND ASSUMPTION OF RISKS
I understand and acknowledge that there are inherent risks and hazards, both known and unknown, associated with using the facilities of and participating in the activities and/or recreational opportunities at Falls Family Fun, including without limitation my use of and/or participation in [Indoor Playground, Virtual Reality Arcade – confirm items that should be specifically listed], and any equipment may result in serious injury or even death.
Without limiting the extent or reach of the release and waiver that I make herein, I acknowledge that those risks and hazards include, without limitation:
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Damage, injury, or death resulting from slipping, falling and/or landing or otherwise hitting the floor or other surfaces, falling from equipment, equipment failure, colliding with walls, equipment or others, physical exertion, transmissible pathogen or disease, damage, injury or death [Insert any other potential injury causes FFF desires to specifically identify.]
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Injury or death resulting my own physical condition and medical situations, known or unknown, which are complicated or aggravated by use of the facilities or engaging in recreational activities therein;
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Injury or death resulting from negligence of myself or others or resulting from a failure of myself or others to follow Falls Family Fun safety policies;
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I acknowledge that any manner of injury may result from my use of the facility or participation in the activities and/or recreational opportunities available at Falls Family Fun, including but not limited to cuts, abrasions, and bruises, strains, sprains, and broken bones, musculoskeletal injuries, including but not limited to stress injuries and including head, neck, and back injuries, headaches, exhaustion, heat exhaustion, cardiac or related events or illness, seizures, paralysis, and death [Insert any other injury types FFF desires to specifically identify].
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I understand that the aforementioned hazards and risks are described by way of example only, and that there are numerous other hazards and risks inherent in the use of the facility or participation in any activities or recreational opportunities at Falls Family Fun.
I am choosing to voluntarily use the facilities and participate in activities and/or recreational opportunities at Falls Family Fun with full knowledge of and in spite of the significant and inherent risks and hazards involved, known or unknown, which could result in injury, illness or disease, physical or mental damage to myself, or to spectators, or third parties.
I HEREBY, TO THE FULLEST EXTENT PERMITTED BY LAW, ACCEPT FULL RESPONSIBILITY FOR MY OWN WELFARE AND PERSONALLY ASSUME ALL RISKS, WHETHER KNOWN OR UNKNOWN, RELATED TO WITH MY USE OF THE FACILITIES OF OR PARTICIPATION IN ACTIVITIES AND/OR RECREATIONAL OPPORTUNITIES AT FALLS FAMILY FUN FOR ANY HARM, DAMAGE, OR INJURY, INCLUDING PARALYSIS OR DEATH, THAT BEFALL ME OR MY PERSON AND/OR PROPERTY.
INDEMNITY
I HEREBY, TO THE FULLEST EXTENT PERMITTED BY LAW, AGREE TO INDEMNIFY AND HOLD HARMLESS FALLS FAMILY FUN FROM AND AGAINST ANY AND ALL CAUSES OF ACTION, CLAIMS, DEMANDS, LOSSES, EXPENSES (INCLUDING ATTORNEY’S FEES), AND OTHER COSTS OF ANY NATURE WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO MY USE OF THE FACILITIES OF OR PARTICIPATION IN ACTIVITIES AND/OR RECREATIONAL OPPORTUNITIES AT FALLS FAMILY FUN.
WAIVER AND RELEASE OF LIABILITY – INCLUDING FOR NEGLIGENT ACTS OR OMISSIONS
I HEREBY, TO THE FULLEST EXTENT PERMITTED BY LAW, WAIVE ANY PRESENT OR FUTURE ACTIONS, SUITS, AND CLAIMS THAT I MAY OTHERWISE BE ENTITELD TO BRING AGAINST FALLS FAMILY FUN, RESULTING FROM OR RELATED TO WITH MY USE OF THE FACILITIES OF OR PARTICIPATION IN ACTIVITIES AND/OR RECREATIONAL OPPORTUNITIES AT FALLS FAMILY FUN FOR ANY HARM, DAMAGE, OR INJURY, INCLUDING PARALYSIS OR DEATH, THAT BEFALL ME OR MY PERSON AND/OR PROPERTY ARISING OUT OF IN ANY WAY RELATED TO MY USE OF THE FACILITIES OF OR PARTICIPATION IN ACTIVITIES AND/OR RECREATIONAL OPPORTUNITIES AT FALLS FAMILY FUN REGARDLESS OF WHETHER SUCH HARM DAMAGE, OR INJURY, RESULTED FROM NEGLIGENCE OF FALLS FAMILY FUN OR SOME OTHER CAUSE.
I UNDERSTAND AND AGREE THAT FALLS FAMILY FUN MAY NOT BE HELD LIABLE OR RESPONSIBLE IN ANY WAY TO ME FOR ANY INJURY, DEATH, OR OTHER DAMAGES THAT MAY OCCUR AS A RESULT OF MY USE OF THE FACILITIES OF OR PARTICIPATION IN ACTIVITIES AND/OR RECREATIONAL OPPORTUNITIES AT FALLS FAMILY FUN OR AS A RESULT OF THE NEGLIGENCE OF ANY PARTICIPANT OR PARTY, INCLUDING THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE, I UNDERSTAND AND EXPLICITLY AGREE I SHALL NOT BRING ANY LEGAL ACTION WHATSOEVER AGAINST FALLS FAMILY FUN AS A RESULT OF SUCH DAMAGE, INJURY, PARALYSIS, LOSS, OR DEATH TO MYSELF OR ANY OTHER PERSON OR PROPERTY THAT ARISES OUT OF OR IS RELATED TO MY USE OF THE FACILITIES OF OR PARTICIPATION IN ACTIVITIES AND/OR RECREATIONAL OPPORTUNITIES AT FALLS FAMILY FUN
MEDIA RELEASE
Falls Family Fun and other participants may photograph or videotape those participating in Falls Family Fun activities or recreational opportunities. I agree that Falls Family Fun may use photographs and recordings of my likeness and image for any reasonable purpose, including but not limited to, marketing purposes, social media, and as evidence in any legal proceeding.
MISCELLANEOUS
If any court or tribunal of competent jurisdiction invalidates or refuses to enforce one or more of the separate term terms or agreements contained herein for any reason, I understand and agree that such separate term or agreement shall not be void, but the offending term, agreement, or portion thereof shall be deemed to be restricted in nature or scope to the extent necessary to permit the enforcement of such separate term or agreement. Further, if any court or tribunal of competent jurisdiction invalidates or refuses to enforce any or all of the separate terms or agreements because, taken together, they are more extensive than is deemed to be enforceable, it is expressly understood and agreed between the parties hereto that such terms or agreements shall not be void, but the offending portions of the terms or agreements shall be deemed restricted in scope to the extent necessary to permit the validity and enforcement of such terms or agreements. The laws of the State of Montana shall govern this Waiver.
I understand that I am solely responsible for the costs of any injury or damage that I may suffer or cause while using the facilities of and participating in the activities and/or recreational opportunities at Falls Family Fun, including without limitation medical, health, or personal injury costs. I hereby certify that I have adequate insurance to cover any injury or damage that I may suffer or cause while using the facilities of and participating in the activities and/or recreational opportunities at Falls Family Fun, or I otherwise agree to bear the costs of such injury or damage myself.
I enter into this Waiver on behalf of myself, my family, heirs, successors, assigns, and anyone claiming any interest through me or on my behalf.
RULES, POLICIES, AND DIRECTION
I agree to observe and obey any and all posted rules, policies, and warnings, and further agree to follow any instructions or direction given by Falls Family Fun.
SIGNATURE
I HAVE READ AND FULLY UNDERSTAND THIS THIS ASSUMPTIONOF RISK, WAIVER, AND RELEASE FROM LIANBILITY AND UNDERSTAND THAT IT RELATES TO SURRENDERING AND RELEASING VALUABLE LEGAL RIGHTS. I DO SO FREELY AND VOLUNTARILY ON BEHALF OF MYSELF AND ANY BELOW-NAMED MINOR CHILD/CHILDREN FOR WHICH I AM THE PARENT, LEGAL GUARDIAN, OR OTHERWISE LEGALLY REPSONSIBLE.
Parent / Legal Guardian/ Participant (18 years+)
Participating Minor (if any)