ACKNOWLEDGMENT, WAIVER AND RELEASE FROM LIABILITY (“AWRL”)
ALL PARTICIPANTS MUST READ AND SIGN THIS DOCUMENT. PLEASE READ CAREFULLY BEFORE SIGNING THE ACKNOWLEDGMENT, WAIVER AND RELEASE FROM LIABILITY (“AWRL”). THIS DOCUMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND WILL ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS AGAINST BOUNCE NATION AND RELATED ENTITIES (the “Company”).
Printed name of Bounce Nation participant(s):
In consideration of my (“I”, “my” or “myself”), and/or on behalf of my child/ward’s participation, (any of the foregoing, a “Participant”) in a Bounce Nation event and/or the activities specified herein or other activities conducted in conjunction therewith, (the “Event/Activity”) I, on behalf of myself and on behalf of my heirs, executors, personal representatives, administrators, assigns and my Ward, acknowledge, accept and agree to the following:
I acknowledge that participation in the Event/Activity has physical and mental limits and carries with it the potential for death, serious injury, and property loss.
I am also aware of the highly contagious nature of bacterial and viral diseases, including COVID-19 and the risk that I may be exposed to or contract such a Disease by engaging in the Event/Activity, which may result in serious illness, injury, disability, death, and/or property damage. I acknowledge that these risks may result from or be compounded by the actions, omissions, or negligence of Company employees or others. I understand that while the Company has implemented measures to reduce these risks, they cannot guarantee I will not be affected. Participation may also increase the risk of contracting such Diseases.
I am also aware that the Event/Activity cannot accommodate participants of a larger size. The maximum weight is 250lbs and maximum height is 76 inches.
Notwithstanding these risks, I HEREBY ASSUME THE RISKS OF PARTICIPATING and release the Released Parties named below from any claim for damages, even those resulting from NEGLIGENCE, ACTION, INACTION, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT of the Company while participating.
I certify that I am physically fit, have not been advised otherwise by a medical professional, and that I and any individual I represent will not exceed the height and weight limits. I will not participate under the influence of drugs or alcohol.
I take the following action for myself and my representatives:
• I AGREE to follow all Company rules.
• I will inspect all structures and report any unsafe conditions.
• I WAIVE, RELEASE, AND DISCHARGE the following from all liability:
Bounce Nation, We Events, the venue and venue organization, sponsors, employees, volunteers, all jurisdictions where events are held, and all related agents—even if claims are caused by their NEGLIGENCE OR MISCONDUCT.
• I ASSUME ALL RISKS of participation including environmental, equipment, and spectator-related risks.
• I AGREE NOT TO SUE the persons/entities mentioned in (c).
• I INDEMNIFY AND HOLD HARMLESS the same for claims due to my conduct, the negligence of others, or site conditions.
• I CONSENT TO MEDICAL TREATMENT if needed and hold the Company harmless for related claims.
• I GRANT PERMISSION to use my name/likeness for promotion and waive rights to future compensation.
• I UNDERSTAND the entry fee is non-refundable and that registration is non-transferable.
Waiver of California Civil Code § 1542: I waive rights under Section 1542 which states:
"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release."
I further agree to indemnify all Released Parties from any claims related to the above risks, including communicable disease exposure. I understand the Company is not providing insurance, and I am responsible for securing my own if desired.
This AWRL covers all physical and emotional injuries or damages, regardless of cause, before, during, or after participation. Its scope includes claims related to my own or others’ actions.
If any part of this Release is found invalid, the rest remains binding. California law governs this agreement, and any proceedings must occur in San Joaquin County, California.
The Released Parties include Bounce Nation and all related companies, officers, employees, agents, contractors, volunteers, and affiliates.
Arbitration Agreement:
I AGREE that any dispute related to this AWRL or disease exposure during participation will be resolved by binding arbitration. I WAIVE:
- My right to a jury trial
- My right to litigate in court
- Any right to bring or join class actions or collective actions
Arbitration will be administered by JAMS under its Streamlined Arbitration Rules. Disputes will be held in California unless travel is not possible. Arbitration may be conducted via phone, online, or documents when applicable.
Arbitrator decisions will be final except for limited appeals. I will pay the filing fee unless I win more than any settlement offer, in which case the Company reimburses my fees.
This agreement is governed by the Federal Arbitration Act. If arbitration is not elected, legal action must be filed in San Joaquin County, and I WAIVE my right to trial by jury or class actions in that case.
I AFFIRM I AM 18 YEARS OF AGE OR OLDER, LEGALLY COMPETENT, AND SIGNING VOLUNTARILY AFTER READING AND UNDERSTANDING THIS DOCUMENT. I HAVE NOT ALTERED IT ORALLY.