Liability Waivers are required to participate in the Hang Time facility
Waiver Highlights (please read entire waiver before signing):
You Assume the Risk – from serious injury, paralysis, death or damage to property or third parties
Release of liability – you are responsible for your own injuries and actions, and for your children/minors for whom you are signing
Adequate Insurance – you represent that you have adequate medical or other insurance to pay for any injury that may occur
Rules – Represent you have read and will follow the rules of the facility and will help your children understand and follow them
Safety Video – Represent you and your children have watched or will watch the safety video before using the facility
Liability Waiver – PLEASE READ ENTIRE WAIVER BEFORE SIGNING
For Get Air Hang Time (Hang Time Orem, LLC) located at 1340 Sandhill Road, Orem, UT 84058
In consideration of being allowed to participate in the Get Air Hang Time Orem facility, and by signing this agreement, I am forever waiving and releasing any and all claims I may now or later have against Hang Time Orem, LLC (hereinafter “Hang Time”) related in any way to the use of its equipment and facilities, including claims of negligence, and on behalf of myself, my spouse, children/wards, my parents, heirs, assigns, personal representatives and estate, and I hereby agree to fully and permanently release, waive and discharge Hang Time, its agents, owners, members, shareholders, directors, partners, employees, suppliers, manufacturers, landlords, participants, affiliates, successors and assigns (collectively the “Released Parties“) from any and all claims, liability, demands, or causes of action related in any way to my use of or presence in any real or personal property of Hang Time or the other Released Parties (hereinafter “The Facility”), without regard to whether a claim already exists or may arise in the future. I understand that (a) Hang Time makes The Facility available to customers for recreational use only, (b) that using The Facility is purely a volunteer recreational activity designed for fun or for athletic development, and is not a service to the general public or necessary in any sense, (c) that I am assuming the risks set forth in this Agreement, and (d) if I am signing this Agreement to allow a minor child use The Facility, that I am representing and warranting that I have medical insurance and the ability to pay for and indemnify the Released Parties from any and all bills, losses, liabilities, claims, obligations, costs, damages or expenses that may result from such minor’s use of The Facility.
Term of Agreement – The Effective Date of this Agreement is the Date of Signature or Electronic Signature (Today’s Date), and term of agreement is one year from the Effective Date. I agree to automatically extend the Term of Agreement to one year from the date of each visit by myself or Minor Child to The Facility, and I understand that my children and I are not allowed to use the equipment in The Facility without agreeing to be bound to the terms set forth in this Agreement.
Assumption of Risk – I acknowledge and understand that the use of trampoline equipment, foam and air bag pits, slack lines, gymnastics and tumbling are risky recreational activities that may result in serious injury, paralysis, death, or damage to property or third parties. Known risks may include, but are not limited to, falling off equipment, double bouncing, collision with fixed objects, equipment and/or people, and failed attempted jumps and stunts. I understand that jumping on trampolines, jumping off and jumping onto platforms, jumping into or playing in foam and/or air bag pits, playing in an obstacle course, using a slack line, playing dodgeball, slamball, gymnastics, tumbling or other sports and activities in The Facility is inherently dangerous. I understand that there are unknown risks in using The Facility or equipment and I assume these risks. Hang Time employees cannot and will not eliminate the risks of jumping on a trampoline, jumping into a foam or air bag pit, playing in an obstacle course, playing slamball, dodgeball, gymnastics, tumbling or otherwise using the equipment with others. I understand that if I do not want to take these risks or cannot afford to risk any injury, then I should NOT sign this document or use the equipment in The Facility.
Release of Liability- I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless the Released Parties from any and all claims, demands, or causes of action, which are in any way connected with or related to my [including my children and minors for whom I am signing this agreement] participation in any activities in The Facility, and my use of any equipment or facilities owned or operated by the Released Parties, including without limitation Hang Time, and release of liability for negligence by Hang Time employees or management or the Released Parties to the fullest extent by law. I am assuming on behalf of myself and/or Minor child, all risk of personal injury, death, or disability to myself and/or the minor child that may result from participation or use of Hang Time facilities and equipment with or without others.
Warranty of Insurance and Indemnification – I represent, warrant, and certify that (1) I am the parent or legal guardian of identified Minor(s) listed below and (2) I have adequate medical or other insurance to cover and pay for any possible injury that may occur to me or the minor child for whom I have signed this Agreement, including without limitation any intensification or exacerbation of injury resulting from any preexisting medical or physical condition I or the minor child may have. To the extent the insurance does not pay for all costs or damages, I also agree to pay for any and all costs and expenses of such injury or damage to myself or to the minor child for whom I have signed this Agreement. I agree to defend, indemnify and hold Hang Time and the other Released Parties harmless from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, including, but not limited to attorneys’ fees, costs, damages and/or judgments, related to my use or the minor child’s use of any equipment or property owned by the Released Parties. Without limiting the generality of the foregoing indemnity obligation, I understand that I will be responsible to defend the Released Parties against, and to pay any judgment against the Released Parties, in any claim or lawsuit filed on behalf of the minor child listed below.
Photography/Videography – From time to time, Hang Time takes videos and photographs to help promote its facility during business hours. I grant permission to use the image of myself or my children in photographs and/or video taken in The Facility for use on Hang Time websites, marketing and promotional material and displayed within its facility.
Miscellaneous – I agree that (a) the exclusive venue for any dispute or litigation between myself and Hang Time will be the Second or Third district courts for the state of Utah, (b) the substantive law of Utah shall apply without regard to any conflict of law rules of another state, (c) the substantially prevailing party shall be entitled to its attorneys’ fees and costs from the other party in any litigation, and (d) if any part of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. The waiver, release, assumption of risk, indemnifications, and other legal obligations set forth in this Agreement shall remain in full force and effect and shall be applicable to any and all future uses of the Released Parties’ property by me or the minor child for whom I have signed this Agreement below.
Rules and Safety Video – I agree to read and follow the rules of the facility, and watch the safety video [with my children] before using the facility, and to cause my minor child to understand and follow such rules, including without limitation the rules posted on signs within the facility. I agree that I or my minor child may be required to leave the facility, with no refund, for a failure to follow the rules.
I have read the rules of The Facility conspicuously posted at the place of payment and watched the safety video for use of The Facility.
I understand that I am voluntarily giving up the right to bring a lawsuit or claim against the above mentioned Released Parties. I further understand and accept the above risks related to these activities. I have had sufficient opportunity to read this entire Agreement. I understand the Agreement, and I agree to be bound by its terms.
I HEREBY ACKNOWLEDGE (1) THAT THIS DOCUMENT IS ELECTRONICALLY SIGNED IN ACCORDANCE WITH UTAH CODE ANN. 46-4-201 AND (2) THAT THIS DOCUMENT IS VALID AND MAY BE ENFORCED IN THE SAME MANNER AS A HAND-SIGNED DOCUMENT THAT EXISTS IN PHYSICAL FORM. I ALSO EXPRESSLY ACKNOWLEDGE THE VALIDITY OF THE ELECTRONIC SIGNATURE APPENDED TO THIS DOCUMENT, WHICH WAS MADE BY ME ON THE DATE THIS FORM WAS ELECTRONICALLY SUBMITTED. I FURTHER AGREE THAT I HAVE KNOWINGLY AND EXPLICITLY WAIVED ANY RIGHT TO CLAIM THIS DOCUMENT IS INVALID OR IS UNENFORCEABLE BASED ON (1) THE FACT THAT THIS DOCUMENT EXISTS IN ELECTRONIC FORM OR (2) THE FACT THAT THIS DOCUMENT IS SIGNED ELECTRONICALLY.