PARTICIPANT AGREEMENT
Waiver, Assumption of Risk Agreement, and Liability Release

JW Bounce Castle, LLC
5130 North Meridian Avenue
Wichita, Kansas 67204

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. BY SIGNING THIS DOCUMENT YOU ARE ASSUMING THE RISK OF PARTICIPATING IN ACTIVITIES, EVENTS, AND SERVICES PROVIDED BY JW BOUNCE CASTLE, LLC.

I ______________________________, as the adult or guardian identified, am executing this Participant Agreement on behalf of myself personally and/or on behalf of any minor children identified at the end of this Participant Agreement, and/or on behalf of myself and any minor children identified at the end of this Participant Agreement (hereafter “Participant” includes the adult or guardian identified and all minor children identified at the end of this Participant Agreement)1, and state Participant freely and voluntarily seeks to attend and/or participate (directly or indirectly) in any or all programs, events, and activities (the “Activities”) held at JW Bounce Castle, LLC (“JW Bounce Castle”).

JW Bounce Castle is a recreational venue located at 5130 North Meridian Avenue, Wichita, Kansas 67204 (“JW Bounce Castle Facility”) that offers the use of bounce houses, obstacle courses, and a jungle gym, among other attractions.

In consideration of JW Bounce Castle, LLC allowing Participant to participate in the Activities, now and in the future, Participant and/or the undersigned agrees as follows:

1. Acknowledgements. Participant and/or the undersigned represents to JW Bounce Castle that this Agreement is a complete and final release and indemnity agreement, that Participant and/or the undersgined is voluntarily entering into this Agreement, and that no representations, promises, or statements made by JW Bounce Castle has influenced Participant and/or the undersigned in signing this Agreement. Participant and/or the undersigned agrees that there are no oral agreements, representations, promises, or warranties that are not expressly set forth herein, this Agreement may only be modified in writing, and that Participant and/or the undersigned is not relying on any statements or representations of JW Bounce Castle that are not expressly contained herein.

3. Representations. Participant and/or the undersigned represents to JW Bounce Castle as follows:

a) Participant shall obey all rules, guidelines, and instructions provided by JW Bounce Castle regarding the safe and proper use of the bounce houses, obstacle course, jungle gym and any and all other attractions located within the JW Bounce Castle Facility;
b) Participant possesses a sufficient level of skill and physical fitness for safe participation in the Activities;
c) Participant shall only attempt Activities that Participant can safely perform;
d) Participant is not aware of any physical and/or mental health conditions and/or problems that would prevent him/her from participating in the Activities;
e) Participant has received either medical clearance from his/her physician prior to participation in the Activities or has determined that such clearance is not necessary for his/her safe participation in Activities; and
f) Participant shall discontinue participation in the Activities if Participant feels any unusual discomfort (e.g., faintness, shortness of breath, physical manifestations of anxiety, chest pains, and/or abnormal heart palpitations).

3. Waiver and Release of Liability. To the fullest extent permitted by law, and despite all known and unknown risks including, but not limited to, serious bodily injury, permanent disability, paralysis, and loss of life, Participant and/or the undersigned, on behalf of themselves and their parents, spouses, children/wards, heirs, assigns, representatives, estates, successors, attorneys, insurers, and all other persons, firms, partnerships or corporations connected therewith (collectively “Releasing Parties”), forever, finally, fully, permanently and unconditionally waive, release, acquit and discharge JW Bounce Castle, its present and former employees, owners, members, principals, directors, subsidiaries, affiliates, representatives, predecessors, successors, shareholders, partners, parents, officers, agents, assigns, servants, attorneys, insurers, suppliers, manufacturers, clients, customers, participants, and all other persons, firms, partnerships or corporations connected therewith (collectively “Released Parties”), to the fullest extent permitted by the laws of the state of Kansas, from any and all charges, liabilities, claims, debts, disputes, demands, suits, causes of action, rights of action, dues, sums of money, accounts, liabilities, losses, expenses and damages, absolute or contingent, known or unknown, whether or not asserted, threatened, alleged or litigated, now existing or arising in the future, at law or equity, whether caused by the negligence of Released Parties or otherwise, that arise out of or relate in any way to Participants’ observation or participation in any Activities or the use of the JW Bounce Castle Facility, and any claims for costs, expenses and attorneys’ and expert fees associated therewith. Participant and/or the undersigned understand this Agreement discharges all Released Parties from any and all liability or claims Participant and/or the undersigned may have against the Released Parties

4. Assumption of Risk. Releasing Parties understand and acknowledge that the observation of or participation in the Activities and/or use of the JW Bounce Castle Facility, constitutes an inherently risky recreational activity that may result in serious bodily injury, injury to third parties, and damage to property. Releasing Parties know and acknowledge that these risks include, but are not limited to, falling off equipment and sudden and unforeseen malfunction of equipment. RELEASING PARTIES AFFIRM THAT OBSERVATION OF OR PARTICIPATION IN THE ACITIVITES AND/OR USE OF THE JW BOUNCE CASTLE FACILITY IS VOLUNTARY AND RELEASING PARTIES KNOWINGLY, WITH UNDERSTANDING OF THE RISKS AND POTENTIAL INJURIES, ASSUME ALL RISKS INHERENT WITH THE ACTIVITIES AND USE OF THE JW BOUNCE CASTLE FACILITY.

5. Indemnification. To the fullest extent permitted by law, Releasing Parties hereby indemnify, hold harmless, and agree to defend Released Parties from and against all liabilities, losses, damages, claims, demands, actions, suits, causes of action, costs, fees, and expenses (including but not limited to reasonable attorney’s fees and court or other associated costs) (collectively “Claims”) relating to, resulting from, or arising out of or alleged to have arisen out of (in whole or in part) any property damage or bodily injury (including death) to Participant resulting in any way from (A) Participant’s use of the JW Bounce Castle Facility, (B) Participant’s active or passive participation in the Activities, (C) Loss or theft of personal property, or (D) Participant’s breach of this Agreement. This indemnity is applicable even if any Claim is caused in whole or in part by the negligence, gross negligence, strict liability, or willful misconduct of the Released Parties or the Participant. The Indemnity shall also include Participant’s and/or the undersigned’s obligation to indemnify the Released Parties from (A) any sum or settlement paid to or on behalf of Participant (including a minor child) resulting from a claim in any way involving the foregoing subsections and (B) all claims resulting from or relating to any insufficiency of Participant’s and/or the undersigned’s legal capacity or authority to execute this Agreement for or on behalf of a minor child.

5. Authority. If Participant and/or the undersigned signs this Agreement on behalf of his/her spouse, child, family member, friend, minor child, or other person, Participant and/or the undersigned warrants and represents to JW Bounce Castle that he/she has the legal authority and such person’s actual and implied authority to execute this Agreement on their behalf, including, but not limited to, the liability release, indemnity agreement, and photo and video release.

7. Medical Treatment. Should Participant be injured or fall while participating in any one or more of the Activities or while otherwise in or about the JW Bounce Castle Facility and require medical treatment, Participant and/or the undersigned agrees that JW Bounce Castle may dispatch an ambulance, if necessary. Any expense resulting from emergency services will be billed to the Participant and/or the undersigned and is the sole responsibility of the Participant and/or the undersigned. The Participant and/or the undersigned hereby releases and forever dischargers Released Parties from any claim whatsoever which arises or may hereafter arise on account of any first aid, treatment, or medical service rendered by any person in connection with participation in any Activities.

9. Photo/Video Release. Participant and/or the undersigned hereby grant and convey the irrevocable right and permission to JW Bounce Castle to use in perpetuity for all purposes, including advertising and promotional purposes, in any manner and all media now or hereafter known throughout the world, without restriction as to altercation, and hereby convey all right, title and interest in any and all photographic images and video or audio recordings made by or on behalf of JW Bounce Castle that depict the Participant (including a minor child) including but not limited to, any royalties, proceeds or other benefits derived from such photographs or recordings, and acknowledges and agrees that the rights granted in this release are without expectation for or receipt of any compensation of any kind.

6. Miscellaneous.

(a) Governing Law. This Participant Agreement (Waiver, Assumption of Risk Agreement, and Liability Release) and all other disputes or issues arising from or relating in any way to this Agreement will be governed by the laws of the State of Kansas, irrespective of the choice of law rules of any jurisdiction, and is intended to be as broad and inclusive as the law permits.
(b) Venue. Any action arising from or relating in any way to this Participant Agreement (Waiver, Assumption of Risk Agreement, and Liability Release) will be brought and tried only in the District Court of Sedgwick County, Kansas. The Participant and/or the undersigned and the Released Parties consent to exclusive jurisdiction in such court to the greatest extent possible under law.
(c) Amendment; Entire Agreement. This Participant Agreement (Waiver, Assumption of Risk Agreement, and Liability Release) may be amended only by a written amendment signed by all parties. This Participant Agreement (Waiver, Assumption of Risk Agreement, and Liability Release) constitutes the sole and entire agreement between the parties relating to the subject matter hereof and supersedes all prior or contemporary statements, promises and understandings or agreements.
(d) Severability. Participant and/or the undersigned expressly agrees this Agreement is intended to be as broad and inclusive as is permitted by the laws of Kansas and if any part of this Participant Agreement (Waiver, Assumption of Risk Agreement, and Liability Release) is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of its provision will remain in full force and effect and shall in no way be affected, impaired or invalidated.
I HAVE READ THIS PARTICIPANT AGREEMENT (WAIVER, ASSUMPTION OF RISK AGREEMENT, AND LIABILITY WAIVER; I FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

ANY MINOR CHILD (UNDER 18 YEARS OF AGE) MUST HAVE HIS OR HER PARENT OR LEGAL GUARDIAN SIGN THIS AGREEMENT BEFORE THAT MINOR CAN PARTICIPATE IN ANY ACTIVITIES OR USE THE JW BOUNCE CASTLE FACILITY. JW Bounce Castle may rely completely on the representation made by an individual who claims to be the parent or guardian of a participant and shall not be obligated to independently verify whether or not such individual is in fact the parent or legal guardian of the participant.

YOU MUST BE 18 YEARS OF AGE OR OLDER TO SIGN THIS AGREEMENT. By signing this Agreement for yourself without a parent or guardian also signing, you are representing to JW Bounce Castle that you are at least 18 years of age and that you agree to all of the above terms and conditions of this Agreement.

BY EXECUTING THIS AGREEMENT, I REPRESENT I HAD A SUFFICIENT OPPORTUNITY TO READ THIS AGREEMENT, I HAVE READ AND UNDERSTAND THIS AGREEMENT, AND I AGREE TO BE BOUND AS SET FORTH HEREIN.

Signature of Participant

Printed Name of Participant Date

IF PARTICIPANT IS UNDER 18 YEARS OF AGE:

Signature of Parent/Legal Guardian

Printed Name of Parent/Legal Guardian

Date