WAIVER, RELEASE, AND INDEMNIFICATION AGREEMENT

PLEASE READ THIS DOCUMENT CAREFULLY.

BY SIGNING, YOU ARE GIVING UP LEGAL RIGHTS.

 *PLT: Presidential Luxury transportation

This Waiver, Release, and Indemnification Agreement (Agreement) is entered into by Adult Participant on behalf of itself and the Other Participants, whether as their parent, legal guardian, representative, or otherwise in favor of PLT (Presidential Luxury Transportation) Other Participant shall mean the children, adults or other persons identified below. Collectively and severally, Adult Participant and Other Participant, their representatives, executors, estate, heirs, successors, and assigns are referred to as Participant. In consideration of PLT permitting Participant to enter the Party Bus and participate in the Activities, including the Activities that may occur in, about, or near the Party Bus traveled area. or any other premises that will be visited during the scheduled activities and events Participant agrees as follows on behalf of itself and all Participants identified below:

1. Nature of the Activities. PLT operates a Party Bus trampoline and adventure park, which offers Participants (a) the opportunity to participate actively or passively at the individual’s discretion activities designed, planned by party host.

2. Types of Risks. 

2.1 Risks and Injuries Associated with Activities.  Participant acknowledges there are inherent risks in and injuries that may occur from participating in the Activities nature of the Activities, there are more hazards and risks than the foregoing, and there are also unknown and unforeseeable hazards.  If you have any questions, please contact a manager before purchasing admission. 

2.2 Exposure to Bacteria, Fungi, Viruses, and Unknown Contagious Diseases. By entering the Premises or when engaging in the Activities, there is a risk of exposure to bacteria, fungi, viruses, unknown contagious diseases, and COVID-19, which notwithstanding governmental recommendations and the practices of PLT, cannot be eliminated.  CONSEQUENTLY, TO THE FULLEST EXTENT PERMITTED BY LAW, PARTICIPANT KNOWINGLY AND FULLY ASSUMES THE RISK OF, RELEASES, AND SHALL INDEMNIFY PLT FROM ALL CLAIMS (AS DEFINED IN SECTION 5 BELOW) OR BODILY INJURY RESULTING FROM PARTICIPANT’S EXPOSURE TO ANY BACTERIA, FUNGUS, VIRUS, UNKNOWN CONTAGIOUS DISEASES OR COVID-19 AND IN ANY WAY CONNECTED TO PARTICIPANT’S  ENTRY  INTO  THE  PREMISES  OR  ENGAGEMENT  IN  THE  ACTIVITIES.  FURTHER, ADULT PARTICIPANT ON BEHALF OF HIM/HERSELF AND THAT OF THE OTHER PARTICIPANT(S) CONSENTS TO HAVING THEIR TEMPERATURE TAKEN BY PRESIDENTIAL LUXURY TRANSPORTATION AND ACKNOWLEDGES THEY MAY BE DENIED ACCESS TO OR FORCED TO VACATE THE PREMISES IF THEY  EVIDENCE  SYMPTOMS  OF  EXPOSURE  TO  BACTERIA,  FUNGUS, VIRUSES, UNKNOWN CONTAGIOUS DISEASES OR COVID-19 AS IDENTIFIED BY THE CENTER FOR DISEASE CONTROL AND PREVENTION.

3. Assumption of Risks. Notwithstanding the foregoing risks and the safety measures implemented by Presidential Luxury Transportation, Participant acknowledges it is impossible to eliminate all risk of injury and understands the demands of the Activities relative to Participant’s physical condition and skill level. PARTICIPANT AFFIRMS THAT PARTICIPATION IN  THE  ACTIVITIES  IS  VOLUNTARY  AND  PARTICIPANT  KNOWINGLY,  WITH  UNDERSTANDING  OF  THE  RISKS  AND  POTENTIAL  INJURIES,  ASSUMES  ALL  RISKS  INHERENT WITH THE ACTIVITIES AND ACCESS TO THE PREMISES. 

4. Alcohol. Participant agrees to exercise ordinary and reasonable care and to not consume alcohol to the extent Participant’s judgment is impaired. Participant understands the potential risks associated with the consumption of alcohol and acknowledges Participant does not have and is not aware of any medical condition that would result in any injury to Participant due to Participant’s consumption of alcohol. Participant assumes the risks associated with alcohol consumption and takes full responsibility for Participant’s own actions, safety, and welfare. UNDER NO CIRCUMSTANCES WILL PARTICIPANT BE ALLOWED TO PARTICIPATE IN ANY ACTIVITIES IF PARTICIPANT HAS EXCEEDED THE AMOUNT OF CONSUMED ALCOHOL AND IS VISIBLE IMPAIRED.

5. Release and Indemnity. TO THE FULLEST EXTENT PERMITTED BY LAW, ADULT PARTICIPANT ON BEHALF OF ITSELF, OTHER PARTICIPANT, AND THEIR HEIRS, EXECUTORS, ESTATES, AND REPRESENTATIVES RELEASES, COVENANTS NOT TO SUE, AND SHALL INDEMNIFY AND DEFEND PRESIDENTAL LUXURY TRANSPORTATION, PRESIDENTAL LUXURY TRANSPORTATION FRANCHISOR, THE OWNER OF THE PREMISES, THE LANDLORD, MORTGAGEES, MANAGEMENT COMPANY OF THE PREMISES, AND ANY OF THEIR LENDERS, PARENTS, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, AGENTS, EMPLOYEES,  CONTRACTORS,  REPRESENTATIVES,  HEIRS,  ASSIGNS,  VOLUNTEERS,  INDEPENDENT  CONTRACTORS,  EQUIPMENT SUPPLIERS, AND INSURERS OF ALL OF THEM (COLLECTIVELY, PROTECTED PARTIES) FROM AND AGAINST ALL LIABILITIES, LOSSES, DAMAGES, CLAIMS, DEMANDS, ACTIONS, SUITS, CAUSES OF ACTION, COSTS, FEES, AND EXPENSES  (INCLUDING  REASONABLE  ATTORNEY’S  FEES,  COURT  COSTS,  ARBITRATION  FEES,  OR  OTHER  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  PREMISES,  (B)  PARTICIPANT’S  ACTIVE  OR  PASSIVE  PARTICIPATION IN THE ACTIVITIES, (C) LOSS OR THEFT OF PERSONAL PROPERTY, (D) FROM THE CONSUMPTION OF ALCOHOL AT THE PREMISES BY PARTICIPANT OR ANY OTHER INVITEE OF PRESIDENTAL LUXURY TRANSPORTATION OR (E) PARTICIPANT’S BREACH OF THIS AGREEMENT.  THIS RELEASE AND INDEMNITY SHALL APPLY EVEN IF ANY CLAIM IS CAUSED IN WHOLE OR IN PART BY  THE  NEGLIGENCE,  OR  STRICT  LIABILITY  OF  THE  PROTECTED  PARTIES  OR  PARTICIPANT.    ALSO,  THE  INDEMNITY SHALL INCLUDE ADULT PARTICIPANT’S OBLIGATION TO INDEMNIFY THE PROTECTED PARTIES FROM (A) ANY SUM OR SETTLEMENT PAID TO OR ON BEHALF OF THE OTHER PARTICIPANT RESULTING FROM A CLAIM IN ANY WAY INVOLVING THE FOREGOING SUBSECTIONS OR ACTIVITIES AND (B) ALL CLAIMS RESULTING FROM OR RELATING TO ANY INSUFFICIENCY OF PARTICIPANT’S LEGAL CAPACITY OR AUTHORITY TO EXECUTE THIS AGREEMENT FOR OR ON BEHALF OF THE OTHER PARTICIPANT.

A. WAIVER OF DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ADULT PARTICIPANT ON BEHALF OF ITSELF AND OTHER PARTICIPANT SHALL NOT ASSERT AND HEREBY WAIVES ANY CLAIM AGAINST ANY PROTECTED PARTY, ON ANY THEORY OF LIABILITY, FOR ACTUAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF, IN CONNECTION WITH, OR AS A RESULT OF, ADULT PARTICIPANT AND/OR OTHER PARTICIPANT’S ENTRY ONTO THE PREMISES AND/OR PARTICIPATION IN ACTIVITIES.

6. Dispute Resolution.

A. Arbitration. Any dispute or claim in any way involving the Other Participant(s), Adult Participant(s), or any one or more of the Protected Parties, arising out of or relating to this Agreement, breach thereof, the Premises, Activities, property damage (real or personal), personal injury (including death), or the scope, arbitrability, or validity of this arbitration agreement (Dispute) shall be brought by the parties in their individual capacity and not as a plaintiff or class member in any purported class or representative capacity, and settled by binding arbitration before a single arbitrator administered by the American Arbitration Association (AAA) per its Commercial Industry Arbitration Rules in effect at the time the demand for arbitration is filed. The Federal Rules of Evidence shall apply to the Arbitration. Judgment on the arbitration award may be entered in any federal or state court having jurisdiction thereof. If the Dispute cannot be heard by the AAA for any reason, the Dispute shall be heard by an arbitrator mutually selected by the parties.  If the parties cannot agree upon an arbitrator, then either party may petition an appropriate court to appoint an arbitrator.  Arbitration and the enforcement of any award rendered in the arbitration proceedings shall be subject to and governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.

B. Waiver of Jury Trial. TO THE EXTENT PERMITTED BY LAW, ADULT PARTICIPANT ON BEHALF OF HIM/HERSELF AND OTHER PARTICIPANT(S) AND URBAN AIR KNOWINGLY, WILLINGLY, AND VOLUNTARILY, WITH FULL AWARENESS OF THE LEGAL CONSEQUENCES, AFTER CONSULTING WITH COUNSEL (OR AFTER HAVING WAIVED THE OPPORTUNITY TO CONSULT WITH COUNSEL) AGREE TO WAIVE THEIR RIGHT TO A JURY TRIAL OF ANY DISPUTE AND TO RESOLVE ANY AND ALL DISPUTES THROUGH ARBITRATION.  The right to a trial by jury is a right parties would or might otherwise have had under the Constitutions of the United States of America and the state in which the Premises is located.

7. License. Participant grants the Protected Parties the right to take photographs and video of Participant and authorizes the Protected Parties to use, copyright, and publish all or a portion of an image or video of Participant and their name and likeness in all forms and media, including composite or modified representations, for any lawful purpose, including advertising, trade, or any commercial purpose throughout the world and in perpetuity and without compensation.  PARTICIPANT WAIVES THE RIGHT TO INSPECT OR APPROVE VERSIONS OF IMAGES OR VIDEOS USED FOR PUBLICATION OR THE WRITTEN COPY THAT MAY BE USED IN CONNECTION WITH THE IMAGES/VIDEOS.  PARTICIPANT RELEASES THE PROTECTED PARTIES FROM ANY CLAIMS THAT MAY  ARISE  REGARDING  THE  USE  OF  PARTICIPANT’S  STATEMENTS,  VIDEOS,  OR  IMAGES  INCLUDING  ANY CLAIMS OF DEFAMATION, INVASION OF PRIVACY, OR INFRINGEMENT OF MORAL RIGHTS, RIGHTS OF PUBLICITY, OR COPYRIGHT.   

8. Authority. If Adult Participant signs this Agreement on behalf of the Other Participants, a spouse, child, family member, friend, minor child, or other person, Adult Participant warrants and represents to Urban Air 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 arbitration clause, release, indemnity, and license.

9. Acknowledgments. Participant represents to the Protected Parties that this Agreement is a complete and final release and indemnity agreement, that Participant is voluntarily entering into this Agreement on behalf of the Adult Participant and Other Participants, and no representations, promises, or statements made by any of the Protected Parties has influenced Participant in signing this Agreement.  Participant agrees 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 is not relying on any statements or representations of the Protected Parties that are not expressly contained herein. Participant expressly agrees this Agreement is intended to be as broad and inclusive as is permitted by the laws of the state in which the Premises is located and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.  Venue for any action brought hereunder or due to Participant’s use of the Premises or participation in the Activities shall lie in the County in which the Premises is located. The substantive laws of the state in which the Premises is located shall apply.

10. Representations by Participant. Participant represents to the Protected Parties as follows:

A. Participant shall obey all rules while participating in the Activities and alert the staff of any rule(s) violation(s) or dangerous behavior.

B. Participant shall only attempt Activities that Participant IS comfortable and can safely perform.

C. 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.

D. 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 the Activities.

E. PLT may, but shall not be obligated or required to, administer to Participant emergency aid, CPR, use an AED (defibrillator),  secure  emergency  medical  care  or  transportation  (i.e.,  EMS),  and  if  said  emergency  medical  care  or transportation is secured, Participant shall assume all costs of emergency medical care and transportation.

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).

G. Participant consents to Presidential Luxury Transportation communicating with Participant via telephone or email and to receiving from PLT on my wireless device mobile service commercial messages. Participant acknowledges that Participant may be charged by his/her wireless service provider in connection with receipt of such mobile messages. Participant acknowledges that he/she may revoke his/her consent at any time.

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.

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