AS IT PERTAINS TO THIS AGREEMENT, "I", "me", or "my" includes: (1) an adult over the age of 18; (2) any minor child in said adult's custody or control; and (3) any other person over the age of 18 in said adult's custody or control who cannot otherwise sign and/or understand this Agreement on their own behalf. An adult must sign this Agreement for themselves and for each and any minor child or person over the age of 18 in said adult's custody or control.
1. I understand and acknowledge that the use of an indoor playground contains inherent and other risks which may result in serious injury and/or death and/or property damage.
2. I understand that part of the use of an indoor playground involves many children and adults running around the playground and occupying the several apparatuses and play locations present in the indoor playground. I understand and acknowledge that it is my, or any person in my custody or control's, duty to avoid running into, striking, shoving, or making any other contact with any other patron present in the indoor playground, but notwithstanding these efforts by myself or any other person in my custody or control, there is always the risk of a collision.
3. I acknowledge that the risks of using Mystic Mountain Indoor Playground include, but are not limited to, the following:
a. Falling off, running into, tripping over, slipping through, and/or becoming trapped in, any of the apparatuses and/or play locations (including, but not limited to, rope and crawl bridges, slides, swings, obstacles and obstacle courses, mazes, balance beams, climbing walls, and wall panels) present in Mystic Mountain Indoor Playground.
b. Running into, tripping over, or making contact with other patrons present in Mystic Mountain Indoor Playground and/or on Mystic Mountain Indoor Playground's premises (herein defined as, including but not limited to, all apparatuses and play locations, entryways, bathrooms, walkways, and any other areas appurtenant where one may observe and view Mystic Mountain Indoor Playground).
4. I agree and understand that my decision to patronize Mystic Mountain Indoor Playground is purely voluntary and that if I am not willing to acknowledge the risks involved in patronizing Mystic Mountain Indoor Playground and agree to waive all lawsuits or other claim for damages I might have against Mystic Mountain Indoor Playground, I should not sign this document and should not patronize Mystic Mountain Indoor Playground.
5. I agree to allow the use of my image or likeness incidental in any photograph, live recorded video display, or other transmission or reproduction of the event in any form to which this agreement admits me.
***** PLEASE READ SECTIONS 6 & 7 CAREFULLY! *****
6. IN CONSIDERATION OF THE ABOVE AND BEING ALLOWED TO PATRONIZE MYSTIC MOUNTAIN INDOOR PLAYGROUND, I AGREE THAT I WILL NOT SUE AND WILL RELEASE FROM ANY AND ALL LIABILITY, MYSTIC MOUNTAIN INDOOR PLAYGROUND, LLC, ITS MEMBERS, OWNERS, OPERATORS, LESSORS, LESSEES, OFFICERS, AGENTS, AND EMPLOYEES IF I OR ANY MINOR CHILD OR PERSON UNDER MY CUSTODY OR CONTROL IS INJURED ON MYSTIC MOUNTAIN INDOOR PLAYGROUND'S PREMISES OR WHILE USING ANY OF MYSTIC MOUNTAIN INDOOR PLAYGROUND'S APPARATUSES OR PLAY LOCATIONS, EVEN IF I CONTEND THAT SUCH INJURIES ARE THE RESULT OF MYSTIC MOUNTAIN INDOOR PLAYGROUND'S NEGLIGENCE OR FAULT.
7. I FURTHER AGREE I WILL INDEMNIFY AND HOLD HARMLESS MYSTIC MOUNTAIN INDOOR PLAYGROUND, LLC, ITS MEMBERS, OWNERS, OPERATORS, LESSORS, LESSEES, OFFICERS, AGENTS, AND EMPLOYEES FROM ANY LOSS, LIABILITY, DAMAGES, COSTS, OR ATTORNEY'S FEES OF ANY KIND IT MAY INCUR AS THE RESULT OF ANY INJURY TO MYSELF OR ANY MINOR CHILD OR PERSON UNDER MY CUSTODY AND CONTROL OR ANY PERSON TO WHOM I AM EXPLAINING THIS AGREEMENT, EVEN IF IT IS CONTENDED THAT ANY SUCH INJURY WAS CAUSED BY MYSTIC MOUNTAIN INDOOR PLAYGROUND, LLC'S NEGLIGENCE OR FAULT.
8. I understand and agree that this Agreement is governed by the laws of the State of Missouri. I further agree that if any part of this Agreement is determined to be unenforceable, all other parts shall be given force and effect.
9. I have read and understand this Agreement. I understand by signing this Agreement, I do so voluntarily and state that no representations, statements, or inducements, notwithstanding those expressly made in this Agreement, have coerced me in to signing this Agreement. I further understand that by signing this Agreement, I may be giving up the rights of myself and any other person in my custody and control, as well as giving up my right to initiate a lawsuit against Mystic Mountain Indoor Playground, LLC.
