FLIGHT FIT N FUN (CHARLESTON) LLC DBA VELOCITY AIR SPORTS PARTICIPANT AGREEMENT INDEMNIFICATION, GENERAL RELEASE AND ASSUMPTION ("AGREEMENT")
(PLEASE READ THIS DOCUMENT CAREFULLY, BY SIGNING IT, YOU ARE GIVING UP YOUR AND/OR YOUR FAMILY'S LEGAL RIGHTS)
In consideration of being allowed to participate in the services and activities, including, but not limited to, trampoline park access, trampoline dodge ball, trampoline basketball, aerial training, fitness classes, trampoline courts, foam pit activities, snack bar access and any other amusement activities (collectively "ACTIVITIES"), provided by FLIGHT FIT N FUN (CHARLESTON) LLC, Velocity Air Sport, its agents, owners, officers, members, managers, volunteers, participants, employees, independent contractors, insurers, facility operators, land and/or premises owners, and any and all other persons and entities acting in any capacity on its behalf (hereinafter collectively referred to as “FFF”), l, on behalf of myself, and/or on behalf of my minor child(ren)/ward(s), and other family members hereby agree to forever release, indemnify and discharge FFF and all RELEASEES, on behalf of myself, my spouse/legal partner, my children, my parents, my guardians, heirs, assigns, personal representatives, and all other persons and entities who could in any way represent me or act on my or my family's behalf as follows:
(1) RELEASE OF LIABILITY: Despite all known and unknown risks, I hereby expressly and voluntarily remise, release, acquit, satisfy and forever discharge FFF and agree to hold all Releasees harmless of and from all legal liability, actions or omission(s), causes of action, suits, contracts, controversies, agreements, promises, damages, judgments, claims and demands whatsoever, in law or in equity, including, but not limited to, any and all claims which allege negligent acts and/or omissions committed by FFF or any RELEASEE, whether the action arises out of any damage, loss, personal injury, or death to me, my child(ren)/ward(s) and other family members, while participating in or as a result of participating in any of the ACTIVITIES.
(2) INDEMNIFICATION: I hereby agree to indemnify and hold FFF and all RELEASEES harmless from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by FFF , including, but not limited to, any and all attorneys' fees, costs, damages and/or judgments FFF incurs in the event that I or my minor child(ren)/ward(s) or other family members sue or cause any injury, damage and/or harm to FFF and/or any and all other persons, entities or RELEASEES related to our participation in any ACTIVITIES.
(3) ATTORNEYS' FEES: I promise to indemnify FFF and all RELEASEES for any attorneys' fees and/or costs incurred to enforce this Agreement. Further, should any debt and/or judgment accrue in favor of FFF, pre-judgment and post-judgment interest shall accrue thereon at a rate of seven and 25/100 (7.25%) percent per annum.
(4) PHOTO RELEASE: By entering FFF and participating in the ACTIVITIES, I hereby grant FFF , on behalf of myself and on behalf of my child(ren)/ward(s), the irrevocable right and permission to photograph and/or record me or my child(ren)/ward(s) while participating in any FFF ACTIVITIES and to use the photograph(s) and/or recording(s) for all purposes, including advertising and promotional purposes, in any manner and in any media now or hereafter known, in perpetuity throughout the world, without restriction. I waive any right to inspect or approve the use of any photograph(s) and/or recording(s) and acknowledge and agree that the rights granted do not require compensation of any kind beyond my/our participation in ACTIVITIES. I further grant permission and waive any objection to the use of any videography or photographic images taken by me which may subsequently be posted to public social media Internet sites or disseminated to the public. I further grant permission and waive any objection to the use of videography or photographic images taken by me within FFF which may subsequently be posted to public social media Internet sites or disseminated to the public. I acknowledge that FFF may, at their discretion, utilize these videos or images for business purposes and may do so without any further express consent.
(5) TERMS OF AGREEMENT: I understand that this Agreement extends forever into the future and will have full force and legal effect each and every time I or my child(ren)/ward(s) visit FFF, whether at the current location or any other location or facility.
(6) ARBITRATION: I further agree that the substantive law of South Carolina shall apply without regard to any conflict of law rules. I also agree that if any portion of this Agreement is found to be void or unenforceable, the remaining portion shall remain in full force and effect. Any controversy between the parties hereto involving any claim arising out of any ACTIVITIES or relating to a breach of this Agreement shall be submitted to and be settled by final and binding arbitration in Charleston County, South Carolina, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association.
By signing this document, I understand that I may be found by a court of law or arbitrator to have forever waived my, my child(ren)/ward(s) and family's rights to maintain any legal action against FFF or RELEASEE on the basis of any claim from which I have released FFF and any RELEASEE herein. I have had a reasonable and sufficient opportunity to read and understand this entire document and consult with legal counsel or have voluntarily waived my right to do so. I knowingly and voluntarily agree to be bound by all terms and conditions set forth herein.