In consideration of KR Enterprise, LLC and K&K Adventure Park, LLC (hereinafter all entities referred to collectively the “Company”) furnishing space, services and/or equipment to enable me to use and participate in all activities located thereon at the property, including but not limited to, picnic table, bench and park areas, bumper cars, miniature golf, rock wall climbing and batting cage facilities (collectively the “Facilities”), I HEREBY AGREE AS FOLLOWS:
I fully understand and acknowledge that: (a) risks and dangers exist in my use of and participation in of the Facilities; (b) my participation in such activities with regard to the Facilities and/or the use of any equipment appurtenant or associated thereto may result in my injury or illness, including, but not limited to bodily injury, disease, fractures, partial and/or total paralysis, eye injury, blindness, heat stroke, heart attack, death or other ailments that could cause serious disability; (c) these risks and dangers may be caused by the negligence of the owners, employees, officers or agents of the Company, the negligence of the participants, the negligence of others, accidents, breaches of contract, the forces of nature or any other causes whatsoever. These risks and dangers may arise from foreseeable or unforeseeable causes; and (d) by my participation in any activities relating to the Facilities and/or use of any equipment appurtenant or associated therewith, I hereby assume all risks and dangers and all responsibility for any and all losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the owners, members, agents, officers, independent contractors, or employees of the Company, or by any other person.
I, on behalf of myself, my personal representatives and my successors, heirs and assigns, hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify the Company and its owners, members, agents, representatives, officers, independent contractors and employees from any and all claims, actions, damages (including but not limited to, incidental, special, indirect, punitive, or consequential damages) or losses for bodily injury, death, property damage, wrongful death, loss of services or any other cause of action arising out of or related in any way to my use of and participation in the Facilities and any equipment appurtenant or associated therewith, I specifically understand that I am forever releasing, discharging and waiving any claims, damages, losses or causes of action that I may have present or in the future for the fault, negligent acts or any other conduct by the owners, members, agents, representatives, officers, independent contractors or employees of the Company.
I HAVE READ THE ABOVE WAIVER AND RELEASE AND BY SIGNING IT, I HEREBY AGREE THAT IT IS MY EXPRESS INTENTION TO WAIVE, RELEASE, EXEMPT, HOLD HARMLESS, DEFEND, INDEMNIFY AND RELIEVE THE COMPANY AND ITS OWNERS, MEMBERS, AGENTS, REPRESENTATIVES, OFFICERS, INDEPENDENT CONTRACTORS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LIABILITY FOR PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR WRONGFUL DEATH CAUSED BY THE FAULT, NEGLIGENCE OR ANY OTHER CAUSE WHATSOEVER.
REMEMBER, YOU ARE PLAYING AND PARTICIPATING AT YOUR OWN RISK!