
PARTICIPATION AGREEMENT AND ASSUMPTION OR RISK
In Consideration of the services provided herein by H&D Entertainment LLC, DBA Crossroads Social House or any of its officers, directors, members, shareholders, employees, agents, parents, subsidiary or affiliated entities (hereinafter Crossroads), and in exchange for the right to engage, utilize, participate, and/or spectate in the activities, services and facilities provided by Crossroads at Crossroads Social House, I ,on behalf of myself (or on behalf of Participant if he/she is a minor) hereby agree to the following terms and conditions:
Incorporation of Code of Conduct
I understand that the posted warning signs and Jump Zone rules and instructions are mandatory for participation and attendance in the facilities. The rules and instructions are intended to promote the safety and enjoyment of others. I agree to follow ALL rules and instructions posted and communicated by Crossroads personnel, and acknowledge that the Crossroads Social House Jump Zone Code of Conduct, (the terms of which are incorporated herein by reference), constitute Material Terms of this Agreement. I further agree that the failure to follow any rule or instruction, and any violation of any portion of Code of Conduct is a Material Breach of this Agreement. It is acknowledged and contemplated by the parties that violation of any term or provision of the Code of Conduct, or disregarding any posted rule or communicated instruction by Crossroads personnel may directly or indirectly result in damages to Crossroads Property or cause Injury or Damage to the person and property of others, to which Crossroads or I may be claimed responsible by such injured parties. I agree that as a result of any violation of any rule or instruction from Crossroads personnel or a violation of the Code of Conduct may result in the immediate dismissal from the Crossroads facilities without refund of the cost of admission.
Assumption of Risk
It is understood that participating in the activities at Crossroads Social House Jump Zone facilities involves extreme physical exertion which creates an unavoidable and inherent risk of injury and/or damage to the orthopedic, neurologic, pulmonary, cardiologic and other systems of all parts of the body, including but not limited to lacerations, blunt traumas, abrasions, burns, bruises, fractures, strains, sprains, tears, paralysis, death or cognitive, mental, behavioral emotional or psychological illness. Risks of these injuries can result from various causes, including: 1) collisions and falls due to contact with objects, park equipment, and/or other persons; 2) disorientation caused by dizziness, fatigue, or over exertion, and 3) injuries or accidents caused by the unanticipated failure of equipment.
By signing this agreement, the specific risks of engaging in this activity have been expressly explained and understood, and that with full knowledge of such risks, I voluntarily choose to engage in the activities of my own free will and accord, and I choose to assume such risks by participating in the activities.
Pre- Existing Conditions
With knowledge that the activities to be undertaken under this agreement involve physical exertion, I represent that I am in sufficiently good health to safely engage in the activities at Crossroads Social House. I further represent that the Participant has no pre-existing physical, mental or emotional condition that may result in an aggravation or worsening of such condition by participating in the activities on Crossroads Social House Property, or is likely to cause injury to any person or property while at the Crossroads Social House.
Medical Authorization
In the event of any sickness, accident or injury that may occur to a Participant at Crossroads Social House, I authorize Crossroads Employees or its representatives to obtain, on Participant’s behalf, any Emergency Medical Services or treatments at my expense.
2. Indemnity and Insurance
For any claim, allegation, lawsuit, demand, or obligation made against Crossroads, the Participant and his adult sponsor each agree to indemnify, defend and hold harmless Crossroads for any losses, judgments, damages, injuries, or liabilities to person or property, including any expenses and costs (including reasonable attorney’s fees and associated costs for defending the underlying claim or for enforcing this Agreement), which are alleged in whole or in part to have either directly or indirectly arisen out of or been related to: 1) Participant’s negligence or intentional conduct, 2) Participant’s violation of the Code of Conduct or any rule or instruction from Crossroads personnel; 3) Participant’s engagement in activities at Crossroads Social House, or 4) Participant’s presence on the property.
I certify that I am named as an insured under a Health Care Insurance Plan with adequate coverage to pay for any injuries that Participant or I may cause or suffer while at Crossroads Social House, and to the extent such coverage does not afford full payment, I agree to pay for and bear the responsibility of such costs or injury or damages to myself or others.
I agree that the terms contained in this provision are material terms of this Agreement and that I will satisfy these terms.
Waiver of Non-Injury Claims
I hereby agree to waive, release and forever discharge Crossroads from any and all claims, causes of action, actions, lawsuits, demands, losses, or damages (including claims that are compensatory, special, consequential, incidental, or punitive) of any nature or kind except bodily injury, whether known or unknown at the time I leave Crossroads Social House or which may arise or become known later which accrue or arise out of: 1) Participant’s or my presence, activities or actions at Crossroads Social House, 2) the actions or activities of others at Crossroads Social House, 3) Participant’s or my use of Crossroads Social House facilities and equipment; or 4) the failure of such equipment or facilities.
I understand that this clause includes a waiver of certain legal rights, and I have read these terms and fully agree to them.
Waiver of Claims Bodily Injury Claims
I hereby agree to waive, release and forever discharge Crossroads from any and all claims, causes of action, actions, lawsuits, demands, losses, or damages (including claims that are compensatory, special, consequential, incidental, or punitive) for any and all personal injuries, to include any bodily, emotional, cognitive or mental injuries, whether known or unknown at the time I leave the Crossroads Social House or which may arise or become known later, which accrue or arise out of: 1) Participant’s or my presence, activities or actions at Crossroads Social House, 2) the actions or activities of others at Crossroads Social House, 3) Participant’s or my use of Crossroads Social House facilities and equipment; or 4) the failure of such equipment or facilities.
I understand that this clause includes a waiver of certain legal rights, and I have read these terms and fully agree to them.
Severability Clause
If any provision of this Agreement is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and the remainder of this Agreement shall remain operative and binding on the Parties.
Choice of Law/Venue
This Agreement and the rights of the Parties hereunder shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. Any action brought by any party hereto shall be brought in the Circuit Court for Wythe County, Virginia or if such jurisdiction exists, in the United States District Court for the Western District of Virginia, Roanoke Division.
BY SIGNING THIS DOCUMENT I UNDERSTAND THAT A COURT OF LAW MAY FIND THAT I HAVE WAIVED LEGAL RIGHTS INCLUDING MY RIGHT TO MAINTAIN A LAWSUIT AGAINST CROSSROADS. I HAVE HAD A CHANCE TO READ THIS DOCUMENT AND VOLUNTARILY AND WITHOUT INDUCEMENT AGREE TO SIGN IT IN AGREEMENT WITH ITS TERMS
IF PARTICIPANT IS A MINOR
PARENT/GUARDIAN CONSENT
I HAVE READ AND UNDERSTAND THE TERMS OF THIS AGREEMENT, INCLUDING THE WAIVER, ASSUMPTION OF RISK, AND INDEMNIFICATION PROVISIONS, AND I UNCONDITIONALLY AGREE TO ALL OF ITS TERMS. I UNDERSTAND THAT BY SIGNING THIS DOCUMENT, I AM GIVING UP CERTAIN LEGAL RIGHTS AGAINST CROSSROADS FOR MYSELF AND PARTICIPANT, ON WHOSE BEHALF I AM SIGNING. I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS DOCUMENT AND VOLUNTARILY AND WITHOUT INDUCEMENT AGREE TO SIGN IT IN AGREEMENT WITH ITS TERMS.
I AGREE THAT AS PARENT OR GUARDIAN FOR PARTICIPANT, I WILL SUPERVISE PARTICIPANT AND ENSURE THAT PARTICIPANT FOLLOWS THE CODE OF CONDUCT AND ALL RULES AND INSTRUCTIONS OF CROSSROADS PERSONNEL WHILE PARTICIPANT IS ON THE CROSSROADS SOCIAL HOUSE PROPERTY, AND I AGREE TO INDEMNIFY PARTICIPANT AND CROSSROADS FOR ANY DAMAGES OR INJURIES PARTICIPANT MAY CAUSE. I AGREE THAT ALL TERMS, REPRESENTATIONS, WARRANTIES, PROMISES, AGREEMENTS, WAIVERS, AND ACCEPTANCES SET FORTH HEREIN APPLY FULLY TO ME, AS IF I WAS THE PARTICIPANT, INCLUDING THE ASSUMPTION OF RISK, WAIVER OF CLAIMS, AND INDEMNITY PROVISIONS, WHICH ARE MATERIAL CLAUSES OF THIS AGREEMENT. I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS DOCUMENT AND VOLUNTARILY AND WITHOUT INDUCEMENT AGREE TO SIGN IT IN AGREEMENT WITH ITS TERMS.