(2) RELEASE OF LIABLIITY: Despite all known and unknown risks, I hereby expressly and voluntarily remise, release, acquit, satisfy and forever discharge ROCKIN’ JUMP and agree to hold it harmless of and from all, and all manner of action and actions or omissions(s), cause and cause of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreement, promises, variances, trespasses, 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 ROCKIN’ JUMP, whether the action arises out of any damage, loss, personal injury, or death to me or my child(ren)/ward(s), while participating in or as a result of participating in any of the ACTIVITIES. This Release of Liability, is effective and valid regardless of whether the damage, loss or death is a result of any act or omission on the part of ROCKIN’ JUMP.
(3) INDEMNIFICATION: I hereby agree to indemnify and hold harmless from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by ROCKIN’ JUMP, including, but not limited to, any and all attorneys’ fees, costs, damages and/or judgments ROCKIN’ JUMP incurs in the event that I or my minor child(ren)/ward(s) cause any injury, damage and/or harm to ROCKIN’ JUMP and/or any and all other persons and entities acting in any capacity on behalf of ROCKIN’ JUMP.
(4) ATTORNEYS’ FEES: I promise to indemnify ROCKIN’ JUMP for any attorneys’ fees and/or costs incurred to enforce this agreement, including all costs associated with any collection efforts. Further, should any debt and/or judgment accrue in favor of ROCKIN’ JUMP, pre-judgment and post-judgment interest shall accrue thereon at a rate of 18% per annum.
(5) PHOTO RELEASE: By entering ROCKIN’ JUMP and participating in the ACTIVITIES, I hereby grant ROCKIN’ JUMP 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) in connection with ROCKIN’ JUMP and to use the photograph and/or recording for all purposes, including advertising and promotional purposes, in any manner and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. I waive any right to inspect or approve the use of the photograph and/or recording, and acknowledge and agree that the rights granted to this release are without compensation of any kind.
(6) TERM 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 ROCKIN’ JUMP, whether at the current location or any other location or facility.
(7) VENUE/ARBITRATION: In the event a lawsuit is filed against ROCKIN’ JUMP, I agree to the sole and exclusive venue of the County of Alameda. I further agree that the substantive law of California 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 or relating to a breach of this agreement shall be submitted to and be settled by final and binding arbitration in the County of Alameda, California, 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 to have forever waived my and my child(ren)/ward(s) right to maintain any action against ROCKIN’ JUMP on the basis of any claim from which I have released ROCKIN’ JUMP and any released party 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.