Fiesta Village
EXPRESS ASSUMPTION OF RISK, I understand that the use of Fiesta Village facilities, including Go Karts, Roller Skating, Mini Golf, Arcade Games, and Lazer Tag Despite the risk involved in outdoor attractions & activities and in consideration of the right to participate in the “Fiesta Christmas Party” and use the facilities at Fiesta Village, I on behalf of myself and/or as the parent or guardian of the minor child identified herein, ACCEPT AND ASSUME ALL RISKS OF INJURY OR DEATH, OR PROPERTY DAMAGE that might be associated with or result from these activities. Falls and Injuries are common occurrence. I understand that my safety or the safety of the minor child identified herein is directly affected by judgment during all weather and other related conditions. I agree for myself and/or minor child named herein to participate in Go Karts, Roller Skating, Mini Golf, Arcade Games, and Lazer Tag and agree to participate only within my/their ability. I agree to be alert to all risks, hazards and dangers at Fiesta Village, including but not limited to: variations in terrain (including Curbs and Steps and other variations, whether natural or as a result of slope design), drop offs, surface or subsurface Wet or Slick conditions (whether natural or machine-made); bare spots; rocks; trees; Brush and other forms of Landscape growth or debris; light Pole components including: lights, fences, posts and signs or components thereof; uneven or slippery conditions, which may be present on roads, parking lots, walkways, and any other areas exposed to the elements of nature and are subject to the deposit , In recognition of the risks associated with participation in Fiesta Village activities and any related competition, I, on behalf of myself and/or as the parent or guardian of the minor child identified herein, have made a voluntary choice to participate and ACCEPT AND ASSUME ALL RISKS OF INJURY OR DEATH, OR PROPERTY DAMAGE that might be associated with or result from these activities.
In consideration of being permitted to use the Fiesta Village facilities for the above named event or activities, and to the fullest extent allowable by law, I agree to RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS SnowKap Enterprises, LLC., its parent, subsidiary and affiliated companies, their respective agents, officers, directors, owners, contractors, volunteers, employees and insurers (collectively, the “Released Parties”) Fiesta Village Family Fun Park or Snowkap Enterprises Inc. from any and all claims, lawsuits, attorneys’ fees and costs I might bring as a result of physical injury, including death, or property damage sustained in connection with my use of theFiesta Village facilities INCLUDING CLAIMS BASED ON NEGLIGENT ACTS OR OMMISSIONS, OR BREACH OF WARRANTY. I am fully aware of and accept all risks, hazards and dangers associated with using the Fiesta Village facilities and I am fully responsible for any and all damage or injury of any kind that may result from my use of the Fiesta Village facilities. I promise not to sue the Released Parties and agree that if anyone is physically injured or property is damaged while I am using the Fiesta Village facilities, I will have no right to make a claim or file a lawsuit against the Released Parties. I also agree to Indemnify and Defend the Released Parties for any and all claims, including subrogation and/or derivative claims, brought by any third party or insurer, for injury or damage I may cause.
I also understand that participating in the Fiesta Village Christmas Party is a voluntary activity. Participating in any of the activities is considered voluntary and therefore not considered within the course and scope of any employment. Go Karts, Roller Skating, Mini Golf, Arcade Games, and Lazer Tag are inherently dangerous and injuries do occur. Any claims for Workers Compensation as a result of injuries that occur while participating in this event will be denied.
I understand and accept that all activities associated with the above named Event, shall be binding upon my heirs, executors, administrators, and assigns and shall be governed by the applicable laws of the Sate of California. I also understand that if any part of this agreement is determined to be unenforceable, all other parts shall be given full force and effect. I agree that any claims, which I may bring against the Released Parties, shall be submitted to the jurisdiction of the State or Federal Courts in San Bernardino County, San Bernardino District, California and that no claims against the Released Parties shall be brought in any other jurisdiction.
I consent to the use by Fiesta Village Family Fun Park of any pictures (video and print) for commercial purposes, or otherwise, of the undersigned in connection with the activities of Fiesta Village. Participant receives no compensation, now or in the future for use of any photos or videos for use by Fiesta Village.
I have read the above paragraphs and fully understand them. I understand that this is a RELEASE OF LIABILITY, which will legally prevent me or any other person from filing suit, or making any other claims for damages in the event of personal injury, death or property damage. I freely and voluntarily enter into this agreement. I have made no misrepresentations to Fiesta Village regarding my name or age and address listed on this form.