Assumption of risk-Indemnity Clause | Nunu Playhouse Uncle Majic Nunu Playhouse

LIABILITY WAIVER/ ASSUMPTION OF THE RISK/ INDEMITY CLAUSE

Rental Date

Start Time

02:30 PM

End Time

02:30 PM

Parent/Guardian

Child/Children

Parent/Guardian Address

Phone

Rental Address: 607 Greentree Road, Sewell New Jersey, 08080

1. Jurisdiction: Any disputes arising under this contract shall be adjudicated by Arbitration in the Owner’s local jurisdiction, State of New York, Kings County.

2. Participation Requirements: I understand that my attendance at this rental is voluntary and for my personal enjoyment only. Attending does not require me to interact with any persons without my explicit consent.

I understand that any interactions I initiate with any other participants without their explicit consent may result in my own expulsion from the rental or legal consequences resulting from the unconsented action.

3. Waiver of Liability: I AGREE TO RELEASE OWNER FROM LIABILITY AND WAIVE MY RIGHT TO FILE OR SUE FROM ANY CLAIM, LOSS, LIABILITY, DAMAGE OR COST TO PERSONS OR PROPERTY ARISING FROM MY ATTENDANCE OR PARTICIPATION IN THIS RENTAL, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES, OR OTHERWISE.

4. Indemnity Clause: I AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE OWNER FROM ANY CLAIM, LOSS, LIABILITY, DAMAGE OR COST (INCLUDING REASONABLE ATTORNEY’S FEES) TO PERSONS OR PROPERTY ARISING FROM MY ATTENDANCE AND/OR PARTICIPATION IN THIS RENTAL.

5. Assumption of the Risk: I ASSUME FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, ILLNESS, STI/STD, PSYCHOLOGICAL DAMAGE, SERIOUS BODILY INJURY, DEATH OR PROPERTY DAMAGE TO MYSELF OR OTHERS ARISING FROM MY ATTENDANCE OR PARTICIPATION IN THIS RENTAL, WHETHER CAUSED BY THE RELEASED PARTIES OR OTHERWISE.

6. In consideration of the risk of injury while participating in any activities on the property, and as for consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into their waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Owner, located at 607 Greentree Road, Sewell New Jersey 08080, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury,

including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an rental related to this activity and rental.

7. I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELEY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BIT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGURMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S).

NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY.

8. Arbitration: 1) Any dispute, controversy, or claim arising out of or relating to this Contract will be settled by arbitration in accordance with the then effective arbitration, whichever organization is selected by the party who first initiates arbitration by filing a claim in accordance with the filing rules of the organization selected, and judgment upon the award rendered by the arbitrator may be entered in the State of New York, County of Kings, and the resolution of the disputed matter as determined by the arbitrator will be binding on the parties. The location for any arbitration will be held in the state of New York, County of Kings. a) The arbitration award must be in writing, must be signed by the arbitrator, and must include a statement regarding the disposition of any claim. The award must be kept confidential to the fullest extent permitted by law. b) The arbitrator will have the authority to award any remedy or relief that a New York State court could order or grant, including specific performance of any obligation created under this Contract, the issuance of an injunction, or the imposition of sanctions for abuse or frustration of the arbitration process,

except that the arbitrator will not have authority to award punitive damages or any other amount for the purpose of imposing a penalty as opposed to compensating for actual damage suffered or actual loss incurred.

9. Limitation of Liability: In the event that any of the Released Parties are found liable to Owner, the total liability of the Released Parties liability is limited to my rental fee.

10. Class Action Waiver: The parties agree that any claims will be adjudicated on an individual basis, and each waive the right to participate in a class, collective, or other joint action with respect to the claims. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitration or proceedings. The parties agree that a party my bring claims against the other only in each’s individual capacity, and not as a plaintiff or class member in any putative class, collective and/ or representative proceeding, such as in the form of a private attorney action against the other.

Further, the arbitrator may not consolidate more than 12 one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

I HAVE READ THIS CONTRACT, RELEASE AND WAIVER OF LIABILITY, CONFIDENTIALITY CONTRACT, AND INDEMNITY CONTRACT AND FREELY AND VOLUNTARILY SIGN BELOW/REVERSE SIDE. I FULLY UNDERSTAND ITS TERMS. I UNDERSTAND THAT BY SIGNING BELOW, I AM GIVING UP SUBSTANTIAL RIGHTS AND I INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS CONTRACT WHICH INCLUDEDS A WAIVER AND RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE OWNER AND ALL OF ITS AFFLIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS,

FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST OWNER FOR PERSONAL INJURY, DEATH, INJURY RESULTING IN DEATH OR PROPERTY DAMAGE.

In witness of their understanding of this contract to the terms and conditions herein contained, the parties affix their signatures below.

AGREED TO AND ACCEPTED

Owner Signature

Date by Owner

Renter Signature

Date by Renter

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LIABILITY WAIVER/ ASSUMPTION OF THE RISK/ INDEMITY CLAUSE