In consideration of the services of C.E.S.A. LLC DBA Andy's Party Palace DBA Andy's Amusements Inc. at 3113 Hwy. 51 LaPlace LA 70068, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "AA"), I hereby agree to release, indemnify, and discharge AA, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that participation with inflatable devices or any other amusement device entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: slips and falls; colliding with others which could cause strains, sprains, broken bones and head injuries; cuts, abrasions, and bruises; heat exhaustion, heat stroke, and cardiac related events or illness, falling off of or being thrown from the inflatable which could result in musculoskeletal injuries including head, neck, and back injuries; the negligence of other climbers, visitors, participants, or other persons who may be present; my own physical condition, and the physical exertion associated with this activity.
Furthermore, AA employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless AA from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of AA's equipment or facilities, including any such claims which allege negligent acts or omissions of AA.
4. Should AA or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I amy willing to assume the risk of any medical or physical condition I may have.
6. In the event that I file a lawsuit against AA, I agree to do so solely in the state of Louisiana, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against AA on the basis of any claim from which I have released them herein.
I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
PARENT'S OR GUARDIAN'S ADDITIONAL INDEMNIFICATION
(Must be completed for participants under the age of 18)
In consideration of (PRINT CHILD/MINOR'S NAME)__________________________________being permitted by AA to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless AA from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by Minor.
Parent or Guardian:PRINT NAME:________________________________________________
Parent or Guardian: SIGNATURE:________________________________________________
Address:_____________________________________________________________________
Phone:___________________________________Date:___________________
When carpooling, remember to send a seperate completed "Agreement, Release, and Assumption of Risk" with EACH child.