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The Pump It Up Waiver form is a critical document that parents or guardians must read and complete before their child can participate in activities at the facility. It begins by confirming that the signer is at least 18 years old and has the legal authority to make decisions for the minor participant. This form outlines the various risks associated with being present at and participating in Pump It Up events, activities, and the use of inflatable equipment, including potential injuries and exposure to contagious diseases. The signatory willingly assumes these risks on behalf of both themselves and the participant. Additionally, it emphasizes the importance of adhering to safety regulations, including following instructions from staff. The document also details the insurance responsibilities of the parent or guardian, wherein they must either have adequate coverage or agree to bear all costs that may arise from injuries. An essential clause in the form is the waiver of liability, which releases the organization from claims unless due to gross negligence. Furthermore, the form allows for the use of any images taken during the activities and indicates that any disputes will be resolved through binding arbitration. By signing, individuals acknowledge that they are giving up important legal rights, including the right to sue. Overall, the Pump It Up Waiver is designed to protect both the facility and its patrons, while ensuring that participants and their guardians are informed of the potential risks involved.
Pump It Up Waiver Example
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PUMP IT UP WAIVER, RELEASE, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT
THIS SECTION MUST BE READ THROUGH AND COMPLETED BY PARENTOR GUARDIAN OF PARTICIPANTBEFORE REGISTRATION.
As consideration for being allowed to enter the play area and/or participate in any party and/or program and/or event at Pump It Up, the undersigned, on his or her own behalf, and on the behalf of the minor participant, if any, identified below (the “Participant”), acknowledges, appreciates, understands, and agrees to the following:
1.I am at least 18 years old and am legally competent to understand and complete this Agreement. I hereby execute this Agreement without coercion. I represent that I am the parent or legal guardian of the Participant, if any, identified below. The Participant and I are of physical ability to participate and be present in this location.
2.I recognize, acknowledge, agree, and understand that there are known and unknown risks associated with presence in a Pump It Up location, participation in any Pump It Up activities (including without limitation parties,
3.I, for myself and the Participant, willingly assume any risks associated with our presence and participation and accept that there are also risks that may arise due to other participants, which I also willingly assume.
4.I certify that I have adequate insurance to cover any injury, sickness, illness, or damage that I or the Participant may cause or suffer while present in a Pump It Up location or while participating in any activities at Pump It Up, or if not, that I shall bear all costs and expenses associated with or arising out of any injury, sickness, illness, or damages to myself, the Participant, or others. I further certify that I am willing to assume the risk of any medical or physical condition the Participant or I may have.
5.I agree that the Participant and I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions from Pump It Up staff as conditions for our presence and participation in any activities of any nature at Pump It Up. I further consent to Pump It Up staff taking my or the Participant’s temperature, and I acknowledge that the Participant and I may
be denied access to or forced to vacate Pump It Up if either of us evidence any symptoms of sickness or illness, including, without limitation, symptoms of exposure to bacteria, fungus, viruses, unknown contagious diseases, or
6.I, for myself, the Participant, and our respective heirs, assigns, representatives, family members, estates, and next of kin, hereby waive, release, hold harmless, and indemnify the owner(s) of this Pump It Up facility, Pump It Up Holdings, LLC, and their respective predecessors, successors, parents, subsidiaries, affiliates, officers, members, directors, and employees (collectively, the
“Released Parties”) from and against any and all actual or alleged injuries, liabilities, or damages related to our presence or participation, except for those arising from the gross negligence or willful misconduct of the Released Parties.
7.I additionally agree to indemnify, hold harmless, and defend the Released Parties for, from, and against any defense costs or expenses arising from or related to any and all actual or alleged claims, injuries, liabilities, or damages related to our presence or participation, except for those arising from the gross negligence or willful misconduct of the Released Parties.
8.I understand that entry, by myself and the named Participant, into a Pump It Up location constitutes consent for Pump It Up to use any film, video, or likeness of me and the Participant for any purpose whatsoever, without payment to us.
9.The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
10.Any controversy, dispute, or claim arising out of or related to this Agreement, which the parties are unable to resolve by mutual agreement, shall be settled exclusively by submission by
either party of the controversy, claim, or dispute to binding arbitration. The arbitration shall take place, at Pump It Up’s sole option, either in Phoenix, Arizona or within 25 miles of this Pump It Up location. The arbitration shall be before a single arbitrator in accordance with the rules of the American Arbitration Association then in effect. If, for whatever reason, the parties elect to not arbitrate a matter, each waive their right to a jury trial.
11.By signing this document, I acknowledge that I am voluntarily giving up important legal rights and that if anyone is hurt or property is damaged during our presence or participation in any activities, I may be found by a court or arbitrator to have waived my right to maintain a lawsuit or pursue damages on my own behalf and on behalf of the Participant against the Released Parties for any claim from which I may have released them in this Agreement.
Participant Name (please print):
Parent / Guardian Name (please print):
Parent / Guardian Signature:
Date:
Emergency Contact Number: |
|
Email*: |
*Email Guarantee: Pump It Up will only use your email address to send you exclusive offers, coupons, current events, and news.
We will never sell or otherwise share your email address.
⚠WARNING: Some of the bounce houses in this location can expose you to chemicals which are known to the State of California to cause cancer. For more information, go to www.P65Warnings.ca.gov.
Updated May 2020 / Rev. 17
Form Characteristics
| Fact Name | Description |
|---|---|
| Age Requirement | Signers must be at least 18 years old and legally competent to complete the waiver. |
| Risk Acknowledgment | The waiver details known and unknown risks associated with activities at Pump It Up, including severe injuries and exposure to contagious diseases. |
| Insurance Certification | Participants must have adequate insurance or agree to cover any costs resulting from injuries or damages while at Pump It Up. |
| Compliance Requirement | Participants agree to follow all posted rules and instructions from staff to maintain safety during activities. |
| Indemnification Clause | By signing, participants waive rights to claim damages against Pump It Up for injuries, except in cases of gross negligence. |
| Binding Arbitration | Any disputes arising from the waiver must be resolved through binding arbitration in Phoenix, Arizona, waiving the right to a jury trial. |
Guidelines on Utilizing Pump It Up Waiver
Completing the Pump It Up Waiver form is an essential step before enjoying activities at the venue. This agreement outlines the responsibilities and risks involved when entering the play area and participating in various programs. Follow the steps below to fill out the form accurately.
- Begin by finding the Participant Name section and clearly write the name of the person participating in the activities.
- Next, locate the Parent / Guardian Name section. Write your full name as the parent or legal guardian of the participant.
- In the Parent / Guardian Signature area, sign your name to confirm your agreement to the terms outlined in the waiver.
- Fill in the Date section to indicate when you are completing the waiver.
- Provide an Emergency Contact Number where you can be reached during the event.
- Finally, enter your Email address. Note that this will be used exclusively for sending offers and updates related to Pump It Up.
What You Should Know About This Form
What is the purpose of the Pump It Up Waiver form?
The Pump It Up Waiver form serves as a legal document that parents or guardians must complete prior to registering their child or themselves for activities at Pump It Up. It outlines the inherent risks associated with participation in these activities and ensures that both the participant and their guardian acknowledge understanding and acceptance of those risks. Furthermore, it protects Pump It Up and its employees from legal liability for any injuries or damages that may occur during these activities.
Who is required to sign the waiver?
Any parent or legal guardian of a participant is required to sign the waiver. This includes anyone who is under the age of 18, as minors cannot legally provide their own consent. It is crucial that the individual signing the form is at least 18 years old and fully understands the responsibilities and risks involved.
What types of risks are mentioned in the waiver?
The waiver acknowledges various known and unknown risks, which can include but are not limited to physical injuries such as contusions, fractures, and scrapes, as well as more severe risks such as paralysis or death. Additionally, it mentions the potential exposure to contagious diseases, including COVID-19, highlighting that participation in activities at Pump It Up comes with certain health risks.
What happens if a participant shows signs of illness?
According to the waiver, participants may be denied entry or asked to leave Pump It Up if they exhibit symptoms of illness. This measure is aimed at protecting the health and safety of all guests. The staff at Pump It Up may take temperatures as part of their health screening process, further enhancing safety protocols during activities.
What is the significance of the indemnification clause in the waiver?
The indemnification clause allows Pump It Up and its owners to be protected from legal claims brought forth by participants or their families in the event of an injury or incident, unless caused by gross negligence or willful misconduct on their part. This means participants are agreeing to cover any legal costs that may arise from incidents related to their participation.
Can a participant change their mind after signing the waiver?
No, by signing the waiver, the participant is voluntarily waiving important legal rights. Once the form is signed, it typically cannot be rescinded. This means that participants give up their rights to sue or hold Pump It Up liable for any injuries that may occur during their time at the facility, except in cases of gross negligence.
Why does the waiver include a clause about film and video?
The waiver includes a consent clause that allows Pump It Up to use any footage or images of participants for promotional purposes. By entering the facility, participants are agreeing to this use of their likeness without the expectation of compensation. This is common practice in facilities offering recreational activities as they often use photos and videos in marketing materials and social media platforms.
Common mistakes
Filling out the Pump It Up Waiver form is an important step for participation, but many people make common mistakes that can lead to complications. One mistake is failing to read the entire document carefully. The waiver contains crucial information about risks and responsibilities. Skimming through it can result in misunderstandings about what it entails.
Another common error is not ensuring all required fields are complete. Each section of the form has specific requirements, such as listing the participant's name and the parent or guardian's details. Omitting even a small piece of information can delay registration or, worse, invalidate the waiver altogether.
A third mistake is not checking the age of the signer. The waiver must be signed by a parent or legal guardian who is at least 18 years old. If an underage individual signs the document, the waiver could become unenforceable, leading to potential liability issues.
In addition, respondents sometimes skip over insurance details. It is crucial to acknowledge whether you have insurance coverage for potential injuries. Failing to address this can result in unexpected expenses if an accident occurs during participation.
Another misstep occurs when individuals do not comply with the safety rules outlined in the waiver. This includes adhering to the instructions provided by Pump It Up staff. Ignoring these guidelines can lead to safety risks and consequences that the waiver is meant to protect against.
A sixth mistake relates to temperature checks. The waiver states that participants may be required to have their temperature checked. Some may fail to acknowledge this requirement and miss being informed about potential denial of access due to sickness symptoms.
Even after signing the form, individuals occasionally forget to keep a copy for their records. Having a copy can be helpful if questions arise about participation or in case an incident occurs. Not retaining a copy can create challenges when trying to resolve any future issues.
Additionally, a common oversight involves misunderstanding the consent for video or likeness usage. Participants may not fully grasp that entering the area gives Pump It Up the right to use their image for promotional purposes. This means participants should think twice if they have reservations about this policy.
People often neglect to inform the staff about any pre-existing medical conditions relevant to participation. Transparency regarding health issues can significantly enhance safety for both the individual and other participants.
Finally, failing to understand the arbitration requirement can lead to surprises later on. Participants should be aware that any disputes must go through arbitration, relinquishing the right to a jury trial. Being clear about this process is essential to avoid unexpected legal consequences.
Documents used along the form
The Pump It Up Waiver form is an important document that parents or guardians must complete before allowing their child to participate in activities at Pump It Up. However, it is not the only form associated with this process. Below are a few other documents frequently used in conjunction with the Pump It Up Waiver.
- Medical Release Form: This form allows parents or guardians to provide crucial medical information about the participant. It ensures that, in case of an emergency, staff can access necessary medical details to provide appropriate care.
- Party Contract: When booking a birthday party or special event, a party contract outlines the specifics of the event, including time slots, number of guests, and payment details. This ensures that all parties understand the terms and responsibilities involved in hosting the event.
- Injury Report Form: If any injuries occur during an activity, this form is used to document the incident. The report captures essential information, including the nature of the injury, circumstances surrounding the incident, and any actions taken afterward, which helps improve safety measures.
- Photo Release Form: By signing this form, parents or guardians allow Pump It Up to take photos of their child during activities. These images may be used for marketing materials or posted on social media, showcasing the fun experiences enjoyed at the venue.
Each of these documents plays a significant role in ensuring a safe and organized environment at Pump It Up. Understanding these forms helps parents make informed decisions while promoting the well-being of all participants involved.
Similar forms
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Release of Liability Form: Similar to the Pump It Up Waiver, this document is designed to protect the organization from claims related to injuries or damages. Participants acknowledge risks and agree not to hold the entity responsible for any accidents that may occur during activities.
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Parental Consent Form: This form is often required for minors. It confirms that a parent or guardian gives permission for their child to participate in events and acknowledges understanding the associated risks, similar to the consent provided in the Pump It Up Waiver.
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Assumption of Risk Agreement: This document requires signers to acknowledge the inherent risks involved with specific activities. Like the Pump It Up Waiver, it emphasizes that participants accept these risks and cannot hold the organization liable for injuries.
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Medical Release Form: Parents or guardians often complete this form to allow medical treatment for minors in emergencies. It shares a similar purpose of providing consent for health-related decisions, akin to aspects within the Pump It Up Waiver.
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Informed Consent Form: Used in various activities, particularly in sports or medical settings, it assures that participants understand potential dangers before partaking, much like the risks outlined in the Pump It Up Waiver.
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Insurance Waiver: Participants often sign this document to confirm they have applicable insurance coverage for potential injuries sustained during activities. This mirrors the insurance requirements stated in the Pump It Up Waiver.
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Event Registration Form: This form typically contains clauses about liability and compliance with rules. It resembles the Pump It Up Waiver by requiring agreement to specific terms and conditions of participation.
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Safety Guidelines Acknowledgment: Participants may sign this to confirm they understand and will follow safety instructions during an event. This is analogous to the compliance required in the Pump It Up Waiver.
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Photo Release Form: This document allows organizations to use images of participants for promotional purposes. Similar to ticketing consent found in the Pump It Up Waiver, this form addresses the use of participants’ likenesses.
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Employment Liability Waiver: When employees engage in activities with risks, this waiver protects employers by having workers acknowledge potential dangers. Its purpose aligns with the blanket liability protection found in the Pump It Up Waiver.
Dos and Don'ts
Filling out the Pump It Up Waiver form is an important step to ensure a safe experience for all participants. Here is a list of dos and don’ts to keep in mind while completing the waiver:
- Do ensure that you are at least 18 years old and legally capable of signing the agreement.
- Do read through the entire waiver thoroughly before signing.
- Do provide accurate information regarding yourself and the participant, including names and contact details.
- Do acknowledge the inherent risks associated with participation in Pump It Up activities.
- Do ensure you have adequate insurance in case of any injuries or damages.
- Don't rush through the form; take your time to understand every section.
- Don't omit any required information, as this may delay the registration process.
- Don't sign the waiver if you do not agree with its terms; seek clarification first.
- Don't ignore safety instructions provided by Pump It Up staff.
Misconceptions
Understanding the Pump It Up Waiver form is crucial for ensuring a safe and enjoyable experience at these entertainment centers. However, there are several misconceptions that people often have. Here are five common misunderstandings and clarifications regarding the waiver form.
- Misconception 1: Signing the waiver means you can't pursue any claims.
- Misconception 2: Waivers are only for minors.
- Misconception 3: I don’t need insurance if I’m signing the waiver.
- Misconception 4: The waiver is only a formality.
- Misconception 5: Temperature checks are optional.
This is not entirely true. While the waiver does release Pump It Up from certain liabilities, it only applies to claims that arise from normal operations. If there were to be gross negligence or willful misconduct on their part, you still retain your right to seek compensation.
Many believe that waivers are only necessary for youth participants. However, adults also need to sign the waiver to acknowledge the risks involved and to participate in activities safely. Both the guardian and the participant must agree to the terms outlined in the waiver.
It's a common belief that a waiver eliminates the need for personal insurance. This is misleading. The waiver encourages participants to have adequate insurance in case of injury. If you don’t have insurance, you'll be responsible for any costs related to injuries or damages.
While many see waivers as mere paperwork, they carry legal weight. The waiver aims to inform participants of potential risks and outline the terms of liability. By signing, you acknowledge understanding of these risks and the consequences.
This misconception can lead to confusion. The waiver clearly states that participants may undergo temperature checks and can be denied access if they exhibit signs of illness. This is a safety measure and should not be treated lightly.
Taking the time to understand the details of the Pump It Up Waiver can empower participants and their guardians to make informed decisions, fostering a safer environment for everyone involved.
Key takeaways
When filling out and using the Pump It Up Waiver form, consider the following key takeaways:
- Age and Legal Competence: You must be at least 18 years old and legally competent to complete the waiver. If you are signing on behalf of a minor, you must be their parent or legal guardian.
- Understanding Risks: Acknowledge the known and unknown risks associated with participating at Pump It Up. These can range from minor injuries to severe health concerns, including exposure to contagious diseases.
- Insurance Responsibilities: Ensure you have adequate insurance coverage for any injuries or damages that might occur. If you don’t have coverage, be prepared to handle all associated costs.
- Compliance and Safety: Agree to follow all safety rules and guidelines set by Pump It Up staff. Your willingness to comply is essential for participation, and they reserve the right to deny access if health symptoms are evident.
These takeaways help clarify responsibilities and expectations for a safe and enjoyable experience at Pump It Up.
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