Just Jump QLD Assumption of Risk, Waiver of Liability and Indemnification Agreement
Nature of the Activity: Just Jump QLD (hereafter referred to as JJ) is a trampoline and indoor play centre, which offers the opportunity to participate in a number of trampoline-related physical activities. These activities can help produce many benefits including pleasure, opportunity for competition, improved physical fitness, more energy, greater enjoyment of life, and many health benefits. However, while there are many benefits to trampolining, JJ feels it is important that the PARTICIPANT/PARENT (which refers to either an ADULT Participant, OR a MINOR Participant and PARENTS/GUARDIANS) knows that trampoline activities are active and vigorous and, consequently, involve some risks of injury that are inherent to the activity. While it is impossible to eliminate all risk and possibility of injury, JJ 1) has designed the facility with safety as a prime concern 2) requires participants to listen to rules prior to jumping, 2) provides general supervision of activities, 3) has developed rules and policies that focus on safety, and 4) has almost completely eliminated the major traditional hazard of trampoline jumping (striking a hard
surface or the floor).
Some of the activities available at JJ include: General Trampoline Jumping, Indoor Play Centre, SlackLining, and Aerobics. Inherent risks might be divided into two types – the first of which is those risks inherent in any trampoline jumping (e.g., landing wrong, colliding with other participants, landing on another participant, over-exertion, attempting flips that are beyond participant’s capacity, landing on a hard surface or the wrong trampoline, unexpected failure of the equipment (including, but not limited to, trampoline surface, attachments, and padding), erratic behavior of other participants, and supervisory or judgment error by supervisory staff.
JJ feels that it is important that the PARTICIPANT/PARENT understands the three types of injuries that can occur. First is the common Minor Injury. This type includes, but is not limited to, muscle strains and sprains, bruises, abrasions, and contusions. The second type of injury is the Serious Injury. Examples of serious injuries are broken bones, ligament and joint injuries, concussions, and eye injury. These are rare, but do occasionally occur. The third type of injury is the Catastrophic Injury. Some examples of catastrophic injury are brain injury, paralysis, heart attack, and death. Even though the likelihood of such an injury is very remote, we feel 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 that JJ trampoline activities contain inherent risks which vary with the activity. I understand the demands of those activities relative to my physical condition and skill level, and I appreciate the types of injuries that may occur as a result of JJ activities and their potential impact on my well-being and lifestyle. I hereby assert that my participation is voluntary and that I knowingly assume all inherent risks.
Waiver of Liability for Ordinary Negligence: In consideration of permission to use the JJ property, facilities, and services, today and on all future dates, I, the PARTICIPANT/PARENT, on behalf of myself, my spouse, my heirs, personal representatives, and assigns [hereafter referred to as Releasing Parties] do hereby release, waive, discharge, and covenant not to sue JJ, its owners, directors, officers, employees, volunteers, independent contractors, equipment providers, and agents [hereafter referred to as Protected Parties] from liability from any and all claims arising from the ordinary negligence of JJ or the protected parties. This agreement applies to 1) personal injury (including death) from incidents or illnesses arising from participation in JJ activities (including, but not limited to, instruction, individual trampoline play, trampoline competition, classes, observation, individual use of facilities or equipment, shower/locker room area, and all premises including the associated sidewalks and parking lots); and to 2) any and all claims resulting from the damage to, loss of, or theft of property.
Indemnification Agreement: I, the PARTICIPANT/PARENT, agree to hold harmless, defend, and indemnify JJ and Protected Parties (that is, defend and pay any judgment and costs, including investigation costs, attorney’s fees and related expenses) from any and all claims of the Releasing Parties arising from my injury or loss due to my participation at JJ (including claims arising from the inherent risks of JJ activities and those arising from the ordinary negligence of JJ or Protected Parties.
I further agree to hold harmless, defend, and indemnify JJ and Protected Parties (that is, defend and pay any judgment and costs, including investigation costs and attorney’s fees) against any and all claims of co-participants, rescuers, and others arising from my conduct in the course of my participation at JJ (including claims arising from the inherent risks of JJ activities and those arising from the ordinary negligence of JJ or Protected Parties).
Clarifying Clauses: 1) I, the PARTICIPANT/PARENT, confirm that this agreement supersedes any and all previous oral or written promises or agreements. I understand that this is the entire agreement between me and JJ and cannot be modified or changed in any way by representations or statements by any agent or employee of JJ. 2) I further expressly agree that the foregoing Assumption of Risk, Waiver of Liability, and Indemnification Agreement is intended to be as broad and inclusive as is permitted by the laws of the Queensland and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. 3) I also understand that if legal action is brought, the appropriate trial court of Queensland has the sole and exclusive jurisdiction and that only the substantive laws of Queensland shall apply.
In order for JJ to more effectively provide for the safety of the participant, JJ asks PARTICIPANT/PARENT to help us by certifying the following: I, the
• Possess a sufficient level of skill and physical fitness for safe participation at JJ.
• Agree to attempt only activities that I feel I am capable of performing safely.
• Agree to stay in areas that will not place me in undue danger.
• Have no health problems that would make participation in JJ activities unwise.
• Acknowledge that JJ encourages each client to get medical clearance prior to participation.
• Authorize JJ to administer emergency first aid, CPR, when deemed necessary by JJ.
• Authorize JJ to secure emergency medical care or transportation when deemed necessary by JJ and I agree to assume all costs of emergency
medical care and transportation.
• 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.
• Acknowledge that the provider may need to end my participation if I present a danger to myself or others.
• Agree to obey all safety rules and alert the staff to any rules violations or dangerous behavior of co-participants.
• Give permission to JJ to use any photographs, images, or likenesses taken of me in its marketing brochures, ads, videos, or other media.
Acknowledgment of Understanding: I, the PARTICIPANT/PARENT, have read this Assumption of Risk, Waiver of Liability, and Indemnification Agreement and fully understand its terms. I understand that I am giving up substantial rights, including my right to sue. I further acknowledge that I am signing the agreement freely and voluntarily, and intend my signature to be a complete and unconditional release of all liability due to 1) ordinary negligence by JJ and the Protected Parties or to 2) the inherent risks of JJ activities, to the greatest extent allowed by law in Queensland.