Assumption of Risk, Waiver of Liability, and Indemnification Agreement
Important: Read Contract Before Signing
Nature of the Activity: The Sawmill Mini Golf, LLC (DBA Sawmill Adventure Park) hereafter referred to as SAWMILL, is a trampoline park and recreation center. It offers clients the opportunity to participate in a number of trampoline and related recreational activities. These include, but are not limited to, a general trampoline bouncing area, 2 basketball dunk areas, a trampoline-dodgeball court, a slack-line joust area, a bouldering-type climbing wall, a 3-level Ninja course, 2 bounce-to-airbags, and an elevated stunt-jump-to airbag area. There is also a kiddie-only mini-tramp to foam pit area as well as a party room. Many of the activities utilize foam pits or airbags for landings. The above referenced activities shall herein be referred to as “SAWMILL activities” and the above referenced equipment shall herein be referred to as “SAWMILL equipment”.
These activities can help produce many benefits for clients of all ages – including pleasure, opportunity for competition, improved physical fitness, more attractive appearance, more energy, greater enjoyment of life, and many health benefits. However, while there are many benefits associated with these activities, SAWMILL feels it is important that the PARTICIPANT/PARENT (which refers to either an ADULT Participant, or a MINOR Participant and his/her PARENTS/GUARDIANS) knows that SAWMILL activities range from mild to strenuous; consequently, these, like all physical activities, involve some inherent risk of injury. An inherent risk is a danger or condition that is an integral part of the activity; one that cannot be eliminated without changing the nature of the activity.
There are several categories of inherent risks; some examples follow. Trampoline-related inherent risks include, but are not limited to, landing incorrectly, striking an area where padding has shifted, double bouncing, attempting flips or somersaults, bouncing in an unexpected direction, colliding with a hard object or another participant. Ninja course-related inherent risks include, but are not limited to, falls, colliding with a hard surface, loss of balance, and misjudging one’s own ability. Risks related to unique activities include, but are not limited to, falling onto the slack-line, unexpected blow to face when jousting; ball to face in dodgeball, landing on someone in dodgeball; spraining fingers or wrist when wall climbing, striking the wall when falling from it; slipping on ladder or steps in mounting events; young children tripping on or missing the mini-tramp. Foam pit-related risks include, but are not limited to, not jumping into the center of the pit or landing incorrectly resulting in striking the bottom or walls. Equipment-related risks include, but are not limited to shifted mats and unexpected equipment failure. Party room risks include, but are not limited to, over-excited, energetic children acting, moving, or reacting in spontaneous, rowdy, and unexpected ways, spills, slip and falls; Co-participant and participant-related risks include, but are not limited to, rowdy play, violation of safety rules, erratic actions, and attempting tasks beyond ability. Judgment errors of SAWMILL or its employees include, but are not limited to, momentary distraction or inattention while supervising, failure to quickly recognize a developing dangerous condition, failure to spot a participant behaving dangerously.
In light of these normal risks of SAWMILL activities, SAWMILL feels that it is very important that the PARTICIPANT/PARENT understands the three types of injuries that can occur. First is the common Minor Injury. This includes, but is not limited to, muscle strains and sprains, bruises, abrasions, and contusions. The second type of injury is the occasional Serious Injury. Examples include, but are not limited to, broken bones, ligament and joint injuries, back injury, concussions, cuts, and eye injuries. The third type of injury is the rare Catastrophic Injury. Some examples of catastrophic injury are brain injury, paralysis, heart attack, and death. Even though the likelihood of a Catastrophic Injury is remote, SAWMILL feels that the PARTICIPANT/PARENT should be aware of all possibilities.
Assumption of Inherent Risks: I, the PARTICIPANT/PARENT, have read the above paragraphs and know and understand that SAWMILL trampoline and other activities contain inherent risks which vary with the activity. I understand the demands of those activities relative to my physical condition and skill level (or that of my child), and I appreciate the types of injuries that may occur as a result of SAWMILL activities and their potential impact on my well-being and lifestyle (and that of my child). I hereby assert that my participation (or that of my child) is voluntary and that I (and my child) knowingly assume all inherent risks.
Waiver of Liability for Ordinary Negligence: In consideration of permission to use the SAWMILL property, facilities, and services, today and on all future dates, I, the PARTICIPANT/PARENT, on behalf of myself, my spouse, my heirs, my parents or guardians, personal representatives, insurers and assigns [hereafter referred to as Releasing Parties] do hereby release, waive, discharge, and covenant not to sue Sawmill Mini Golf, LLC, D&D Office Suites, LLC, owners, directors, officers, employees, and volunteers, [hereafter referred to as “Protected Parties”] from liability for the ordinary negligence of SAWMILL and protected parties arising from injuries while participating in SAWMILL recreational activities or on SAWMILL recreational equipment. I understand that this means that I am releasing SAWMILL of liability for injury to me (or my child) even if the injury was caused by SAWMILL negligence; this waiver is not intended to protect against actions exceeding ordinary negligence (i.e., reckless or intentional acts).
This agreement applies to 1) personal injury (including death) from incidents or illnesses arising from participation in SAWMILL activities or on SAWMILL equipment (including, but not limited to, instruction, individual or group play, fitness classes, or while observing).
Indemnification: I, the Participant/Parent, agree to hold harmless, defend and indemnify SAWMILL and Protected Parties from claims of Releasing Parties (or others acting on behalf of Participant) arising due to injuries caused by inherent risks of the activity or the ordinary negligence of Protected Parties while participating in SAWMILL activities or on SAWMILL equipment. I understand that this means I will compensate the Protected Partiesfor loss or damage andpay any judgment and costs, including investigation costs, attorney’s fees, expert witness fees, and related expenses resulting from any claim, cause of action, or lawsuit filed by or on the behalf of any Releasing Parties.
Clarifying Clauses: I, the Participant/Parent, confirm and agree to the following:
1) Integration Clause. This is the entire agreement between SAWMILL and me and cannot be modified or changed in any way by representations or statements by any agent or employee of SAWMILL.
2) Severability Clause. This agreement is intended to be as inclusive as is permitted by the laws of the State of Wisconsin and that if any portion thereof is held invalid, it is agreed that the balance shall continue in full legal force and effect.
3) Venue, Jurisdiction, & Choice of Law. If legal action is brought arising from SAWMILL activities, the venue for any legal action shall be in the appropriate trial court for Marathon County, Wisconsin, or the United States District Court for the Western District of Wisconsin and that the substantive laws of the State of Wisconsin shall apply.
To help SAWMILL more effectively provide for the safety of the participant, I, the PARTICIPANT/PARENT,
- understand that all participants must watch the safety video on their first visit.
- understand that participant may be required to view the video again if he or she does not obey the rules.
Rules and Actions
- agree to obey all safety rules and alert the staff to any rules violations or dangerous behavior of co-participants.
- agree to stay in areas to which assigned and not enter areas that will place me in undue danger.
- acknowledge that SAWMILL may need to end my participation if I present a danger to myself or others.
Health and Safety
- acknowledge that one should get medical clearance prior to participation in a vigorous physical activity.
- possess a sufficient level of skill and physical fitness for safe participation in SAWMILL activities.
- agree to attempt only activities that I feel I am capable of performing safely.
- have no health problems that would make participation in SAWMILL trampoline activities unwise.
- authorize SAWMILL to secure emergency medical care or transportation (i.e., EMS) when deemed necessary by SAWMILL and I agree to assume all costs of emergency medical care and transportation.
- authorize SAWMILL to administer first aid, CPR, or an AED if deemed necessary by SAWMILL.
- acknowledge that it is the participant’s duty to inform staff and cease exercise immediately if he/she feels any unusual discomfort (e.g., faintness, shortness of breath, high anxiety, chest pains) during participation.
Client Waiver Options
I, the PARTICIPANT or I as a PARENT/GUARDIAN of a MINOR PARTICIPANT, acknowledge that permission to enter SAWMILL requires both payment of the Admission Fee and Signing the Assumption of Risk, Waiver of Liability, and Indemnification Agreement.
I assert that I have been offered the opportunity to meet with the Park Manager on duty during the time of my visit to SAWMILL and negotiate options for admission to SAWMILL that would not require signing the Assumption of Risk, Waiver of Liability, and Indemnification Agreement. One option involves the negotiation of the payment of an Additional Fee to avoid signing the Assumption of Risk, Waiver of Liability, and Indemnification Agreement for one visit, multiple visits, or unlimited visits for a year of participation in SAWMILL activities and use of SAWMILL equipment.
My signature below will indicate that I have elected (either after hearing the options or without hearing them, depending on my choice) to pay the Admission Fee and sign this Assumption of Risk, Waiver of Liability, and Indemnification Agreement.
Acknowledgement of Understanding: I, the Adult Participant have read this Assumption of Risk, Waiver of Liability, and Indemnification Agreement and understand that I am giving up substantial rights, including my right to sue for damages in the event of death, injury, or financial loss. I acknowledge that I am voluntarily signing this agreement, and I intend my signature to be a complete release of liability arising from injuries while participating in SAWMILL recreational activities or on SAWMILL recreational equipment due to the Inherent Risks of SAWMILL Activities or the Ordinary Negligence of the Protected Parties, to the greatest extent allowed by laws of the State of Wisconsin.
Parent/Guardian of a Minor Participant
Acknowledgement of Understanding: I, the Parent/Legal Guardian of the minor listed below, hereby grant my minor child permission to participate in all SAWMILL Activities. Further, I have read and fully understand this SAWMILL Assumption of Risk, Waiver of Liability, and Indemnification Agreement, and agree to be bound by this agreement on behalf of myself, my spouse, the minor child, and any party filing on behalf of the minor child. I understand that I am releasing both my right and the right of my minor child to sue for damages in the event of injury, death, or financial loss. I intend my signature to be a complete release of liability arising from injuries while participating in SAWMILL recreational activities or on SAWMILL recreational equipmentdue to the Inherent Risks of SAWMILL Activities or the Ordinary Negligence of the Protected Parties, to the greatest extent allowed by laws of the State of Wisconsin.
Additionally, I, the Parent/Guardian of the minor child, assert that I have explained the inherent risks ofSAWMILLActivities and equipment to my minor child and that the minor understands this Agreement and assumes the inherent risks.