Fun Your Way

RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, INDEMNIFICATION, MEDIA RELEASE, AND BINDING ARBITRATION AGREEMENT

IN CONSIDERATION of being permitted to enter upon the premises of YUM YUM FUN and participate in trampoline activities, indoor playground activities, climbing structures, inflatables, slides, arcade/game areas, attractions, birthday parties, private events, food and beverage services, and all related activities (collectively, the “Activities”), the undersigned, for himself/herself and/or on behalf of the minor participant identified below, and for his/her heirs, executors, administrators, assigns, and next of kin, agrees as follows:

The undersigned acknowledges that the Activities involve INHERENT AND SIGNIFICANT RISKS including, but not limited to, falls, improper landings, flips, collisions with equipment or other participants, equipment malfunction or misuse, slips, negligent supervision, choking or allergic reactions to food or beverages, exposure to communicable diseases including COVID-19, and other acts or omissions which may result in SERIOUS BODILY INJURY, ILLNESS, PERMANENT DISABILITY, PARALYSIS, OR DEATH.

The undersigned knowingly and voluntarily ASSUMES ALL RISKS, known and unknown, foreseeable and unforeseeable, even if arising in whole or in part from the NEGLIGENCE of YUM YUM FUN, its owners, members, managers, officers, directors, employees, agents, contractors, volunteers, party hosts, affiliates, insurers, and premises owners (collectively, the “RELEASEES”).

The undersigned hereby RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE the RELEASEES from any and all claims, demands, actions, causes of action, damages, losses, costs, or expenses of any kind, including claims for personal injury, wrongful death, property damage, economic loss, emotional distress, food-related illness, or allergic reaction, whether caused by NEGLIGENCE or otherwise, to the fullest extent permitted by Pennsylvania law.

The undersigned agrees to INDEMNIFY, DEFEND, AND HOLD HARMLESS the RELEASEES from any and all claims, liabilities, damages, attorney’s fees, and costs arising from participation in the Activities, including claims brought by or on behalf of a minor or third party.

If signing on behalf of a minor, the undersigned represents that he/she is the parent or legal guardian and agrees to be bound by all terms herein and to assume full responsibility for the minor’s supervision and conduct.

MEDIA RELEASE: The undersigned grants YUM YUM FUN the irrevocable right to photograph, videotape, and record the undersigned and/or minor participant and to use such media for lawful promotional, advertising, marketing, and social media purposes without compensation or further notice, and waives any claims relating to such use.

BINDING ARBITRATION: Any dispute arising out of or relating to this Agreement or participation in the Activities shall be resolved exclusively by FINAL AND BINDING ARBITRATION in the Commonwealth of Pennsylvania pursuant to the Federal Arbitration Act. The undersigned WAIVES THE RIGHT TO FILE A LAWSUIT IN COURT AND WAIVES THE RIGHT TO A JURY TRIAL. Arbitration shall proceed on an individual basis only; class actions are expressly waived.

This Agreement shall be governed by Pennsylvania law. If any provision is found unenforceable, the remaining provisions shall remain in full force and effect.

For birthday parties or private events, the host accepts responsibility for all invited guests, supervision of minors, compliance with policies, and agrees to indemnify the RELEASEES for claims arising from invited guests. YUM YUM FUN is not responsible for lost, stolen, or damaged property. Deposits may be non-refundable pursuant to booking policies.

THE UNDERSIGNED ACKNOWLEDGES THAT THIS DOCUMENT IS A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY, THAT SUBSTANTIAL LEGAL RIGHTS ARE BEING WAIVED, INCLUDING THE RIGHT TO SUE, AND THAT THIS AGREEMENT IS SIGNED FREELY AND VOLUNTARILY.