Club Run & Jump Rules, Agreement, and Safety
In consideration of being allowed to enter into the play area and/or participate in any party, program or event at Club Run and Jump (hereinafter “Club RJ”), the undersigned, on his/her own behalf and on behalf of any and all minor child(ren) under your watch and their natural parent, (hereinafter “Participant(s)”), acknowledges, appreciates and agrees to the following:
1) Parties
a) Club Run and Jump, LLC and its agents. Owners, parent company, subsidiaries, affiliated facilities, franchisors, officers, directors, principals, volunteers, other participants, clients, customers, invitees, 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; and
b) Participant(s). I understand that by signing this agreement, I am signing on behalf of myself, my spouse, my natural or adopted children, children by marriage, ward, as well as any of the minor aforementioned other natural parents. I understand that I am responsible for ensuring that my natural or adopted children, children by marriage or wards, as well as all parents and guardians of such minors, are aware of this agreement and understand their responsibilities contained here within.
2) Activities and Premises
Participant(s) affirms that upon entry, Participant observed the premises and agrees that the premises are safe and reasonably suited for my participation. Participant understands that Club RJ provides the opportunity to participate and use equipment including but not limited to tunnels, slides, ladders, ball blasters, air tubes, and small and large playgrounds, which are collectively called “Activities,” and that serious injury could occur.
3) Prohibited Activity
Participant(s) understands that there are prohibited activities and agrees not to engage in such activities. Prohibited activities include, but are not limited to (a) no running, jumping, throwing items at, or hitting any patron or staff of Club RJ; (b) during a visit to Club RJ, follow all directional and instructional signage within Club RJ; (c) be aware of others and my own limitations; (d) avoid consuming nor be under the influence of alcohol or any illicit or prescription drugs that would in any way impair Participant(s) ability to safely participate in activities; (e) not to leave minors unattended.
4) COVID and Other Illness Screening
By signing this agreement, I confirm that I (a) do not have a fever; (b) do not have signs of illness or symptoms of COVID, (c) have not tested positive or have been in close contact with someone who has tested positive within the last fourteen (14) days.
5) Waivers
While particular rules and personal discipline may reduce risk, the risk of injury, loss, illness, and death does exist, and I, for myself, on behalf of my spouse and all heirs, KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF CLUB RJ or any other party as outlined in subsection 1, and assume full responsibility for my participation. I further agree that if I experience or observe any unusual or significant hazard during my presence or participation, I will not engage in the prohibited activity or hazard and will bring such to the attention of the nearest Club RJ staff immediately. I further agree, as the person responsible for any minor participant, that I have read and explained the provisions in this waiver and release to my child/ward, including the risks of presence and participation and his/her personal responsibilities for adhering to the rules and regulations.
a) Liability - Participant(s) understand admission into Club RJ includes the risk of injury or death. Participant (s) agree that I assume the risk of injury and waive my right to sue.
b) Illness Exposure - Participant(s) understand that my participation in events, activities, et cetera at Club RJ includes possible exposure to illness and infectious diseases, including but not limited to MRSA, influenza, and COVID-19. Participant(s) agree to release Club RJ from all liability associated with illness, medical treatment, disease, or suffering, due to exposure to an infectious disease.
c) Loss - Participant(s) understand that Club RJ does not take responsibility for any lost, damaged or stolen personal belongings brought into the facility during my visit.
6) Hold Harmless
I, for myself and on behalf of all other Participants, outlined in section 1b, as well as on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS Club Run and Jump, LLC and its agents as outlined in section 1a, as well as officials, sponsoring agencies, sponsors, advertisers, and affiliated entities (collectively known as “Releasees”), WITH RESPECT TO ANY AND ALL ILLNESS, INJURY, DISABILITY, DEATH, or loss or damage to person or property, and costs and expenses associated to the aforementioned WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law. I hereby expressly, unconditionally and voluntarily remise, release, waive, relinquish, acquit, satisfy, and forever discharge and agree and covenant not to sue Club RJ, its agents, including its suppliers, designers, installers, manufacturers and agree to hold said parties harmless of and from any and all manner of actions or omission(s), causes of action, suits, sums of money, controversies, damages, judgments, executions, 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 Club RJ or any equipment suppliers while in or about the premises and/or while participating in or as a result of participating in any of the activities in or about the premises and/or while using any items purchased in or about the premises, whether the action arises out of any damage, loss, personal injury, emotional injury, or death to me or other Participant(s).
7) Mediation, Non-Binding Arbitration, and Venue
If any dispute arises between Club RJ and Participant(s) arising from this agreement, Club RJ or its agents, Club RJ activities, an incident that occurs while on the premises, and/or while using any items purchased in or about the premises, Club RJ and Participant(s) may enter into direct negotiations. If direct negotiations fail, Club RJ and Participant(s) agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association (the “AAA”) under its Commercial Mediation Procedures. Thereafter, any unresolved claims shall be submitted to non-binding arbitration administered by the AAA in accordance with its Non-Binding Consumer Arbitration Rules, except that Rule R-2 (e) is amended to allow an answer to be filed within thirty (30) calendar days. The arbitration shall be governed by the laws of Kansas. Hearings will take place in the county of Kansas, in which Club RJ is located. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any non-binding arbitration hereunder without the prior written consent of both parties. In the event non-binding arbitration does not totally resolve all claims, it is agreed that the sole and exclusive venue for any lawsuit filed against Club RJ shall be in the county in which the Club RJ premises are located. Club RJ and Participant(s) reserve their rights to resolve disputes within the scope of the small claims or district court’s jurisdiction in the county that Club RJ is situated. It is further agreed that the substantive law of Kansas shall apply without regard to any conflict of law rules. Unless all parties agree otherwise, the non-binding arbitration decision or award may not be entered in any federal or state court having jurisdiction.
8) Attorney’s Fees
To the extent permitted by law, I promise to indemnify and pay Club RJ for any attorneys’ fees and/or costs incurred to enforce the Mediation and Arbitration agreements, including all costs associated with any collection efforts.
9) Photo Release
By entering the premises, Participant(s) hereby grant to Club RJ the right and permission to photograph and/or record on the premises and to use the photograph(s) and/or recording for all purposes, including, without limitation, advertising and promotional purposes and other commercial purposes, in any manner and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. Participant(s) waives any right to inspect, approve the use, or use of the photograph and/or recording, and acknowledge and agree that the rights granted by this release are without compensation of any kind.
10) Terms
Participant(s) understands that this agreement is subject to additional terms as outlined on the Club RJ website, including but not limited to privacy terms. All terms extend forever into the future and will have full force and legal effect each and every time Participant(s) visits the premises, regardless of whether a minor participant’s parent or legal guardian is present. Participant(s) agrees that this agreement is intended to be as broad and inclusive as is permitted by the laws of this state and that if any portion thereof is held invalid, it is agreed that the invalid portion be struck, and the balance shall, notwithstanding, continue in full legal force and effect.
I acknowledge that Participant(s) have read, understand, and will abide by the safety restrictions as depicted above and agree to all provisions listed herein and understand that by signing, I am giving up my, my spouse’s and any minor participant’s legal rights to include but not limited to filing suit in court, for a jury to decide the matter. I understand and affirm that it is my responsibility to ask questions regarding this agreement if necessary. I further understand that not adhering to the provisions outlined above will result in a request for me to leave the premises. I understand that no refund will be given to me or any other participants if we have stayed 20 minutes or more, regardless of the situation.