BOUNCE AIR ADVENTURE PARK GENERAL RELEASE, ASSUMPTION OF RISK, WAIVER OF LIABILITY, ARBITRATION AND INDEMNIFICATION AGREEMENT
This General Release, Assumption of Risk, Waiver of Liability, Arbitration and Indemnification Agreement (“Agreement”) is made and entered into between BOUNCE AIR ADVENTURE PARK LLC d/b/a Bounce Air Adventure Park (“Bounce Air”) and the undersigned (“Adult Participant”) and any minor(s) named on the signature block (“Minor Participant”), collectively “Participant.” In consideration for Participant to enter the premises located at 940 Easton Avenue, Space #1, Franklin Township, New Jersey 08873 (“Premises”) and participate in the Activities defined below, the undersigned represents and agrees as follows:
1. Participant's Representation and Authority.
This Agreement may be signed in paper or electronic form. By signing or selecting "I AGREE," Participant acknowledges having fully read, understood, and accepted its terms, including a waiver of certain legal rights. The Adult Participant represents they are the parent or legal guardian of any Minor Participant and, to the fullest extent permitted by New Jersey law, waives the right to bring an action for loss, damage, injury, illness, paralysis, or death caused in whole or part by the ordinary negligence or strict liability of Bounce Air, its owners, affiliates, agents, employees, managers, landlord, and insurers. The Adult Participant represents that both they and the Minor Participant are in good physical condition with no health condition preventing participation.
2. Nature of the Activities.
This Agreement applies to all activities at Bounce Air's indoor adventure park, including trampoline courts (open jump, dodgeball, slam zones), obstacle courses, climbing walls and rope features, basketball, crawling, tumbling, foam pits and airbag jumping, toddler zones, party rooms and group events, and any observation or participation in park areas ("Activities"). These Activities are vigorous and involve inherent risk of injury; despite Bounce Air's safety measures, it is impossible to eliminate all risk. Participant acknowledges the facility is shared by other guests and is not germ-free, and accepts the risk of exposure to bacteria, fungus, viruses, influenza, COVID-19, and other contagious diseases, which cannot be fully eliminated even with preventive measures in place.
3. Acknowledgement and Assumption of Risk.
By signing, entering the Premises, and/or engaging in the Activities, Participant acknowledges reading and understanding this Agreement, and voluntarily and knowingly assumes all risk inherent to the Activities and Premises, including that: the Activities carry inherent risk to safety and well-being; suitability depends on each Participant's fitness and skill level; Participant will engage only in activities suitable to their age, skill, and condition; Participant is solely responsible for their own conduct; any injury must be reported to Bounce Air immediately before leaving the Premises, and failure to report waives the right to later claim the injury occurred there (Bounce Air does not retain video surveillance beyond 30 days); the Premises may contain bacteria, fungus, viruses, influenza, COVID-19 and unknown contagious diseases; Bounce Air may take Participant's temperature to determine entry; and Participant is solely responsible for safeguarding personal property. To the fullest extent permitted by law, the Adult Participant, on behalf of themselves and any Minor Participant, releases, indemnifies, and holds harmless Bounce Air Adventure Park LLC from all claims for bodily injury from participation in the Activities and/or possible exposure to the diseases described above.
4. Release of Claims and Indemnity.
To the fullest extent permitted by law, the Adult Participant, on behalf of themselves, the Minor Participant, and any spouse, heirs, executors, and representatives, voluntarily releases, discharges, indemnifies, and holds harmless Bounce Air Adventure Park LLC, its owners, officers, employees, agents, managers, affiliates, landlords, and insurers ("Protected Parties") from any and all liabilities, claims, damages, losses, and expenses relating to or arising from any foreseeable or unforeseeable bodily injury, illness, or death, or property loss or damage, during or relating to Participant's participation or presence at the Premises, use of the facility, or interaction with other guests — including where caused by the ordinary negligence or strict liability of the Protected Parties.
5. Class Action Waiver.
To the fullest extent permitted by New Jersey law, Participant agrees that any claims arising under this Agreement shall be brought solely in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding, and expressly waives the right to participate in or bring such an action against the Protected Parties.
6. Dispute Resolution / Waiver of Jury Trial.
Any dispute arising under this Agreement or from Participant's use of the Premises, participation in the Activities, or contraction of any disease at the facility must first be addressed through good-faith mediation. If unresolved, the dispute shall be submitted to binding arbitration under the Commercial Rules of the American Arbitration Association, before a single neutral arbitrator in the State of New Jersey, under New Jersey law. The parties knowingly and voluntarily waive the right to seek remedies in court, including trial by jury; each party bears its own counsel fees, with arbitration costs shared equally.
7. Photo and Video Release.
The Adult Participant, on behalf of themselves and any Minor Participant, grants Bounce Air Adventure Park LLC and its affiliates the irrevocable right to use their image and name in any media, including for advertising or commercial purposes, worldwide and in perpetuity, and waives the right to inspect or approve any resulting materials.
8–9. Captions, Severability & Governing Law.
Section captions are for convenience only. If any provision is held invalid, the remainder of the Agreement remains in effect. This Agreement is governed by the law of the State of New Jersey, with venue in Somerset County, New Jersey.
10. Electronic Communication.
By signing this Agreement, Participant authorizes Bounce Air to communicate with them via email with updates, news, advertisements, promotions, and offers.
I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS AGREEMENT.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AGREE TO BE BOUND BY ITS TERMS.