ALL BIRTHDAY PARTY FORM SUBMISSIONS ARE CONSIDERED AVAILABILITY INQUIRIES UNTIL CONFIRMED WITH RAINBOW CENTRAL WI.

WE WILL BE IN CONTACT WITH YOU TO CONFIRM YOUR PARTY AND PROCESS A DOWN PAYMENT.

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RAINBOW PLAY SYSTEMS ASSUMPTION OF RISK AND RELEASE OF LIABILITY AGREEMENT
This is a legal document. By signing it you are limiting your ability to recover damages from Rainbow Play Systems for any damages you sustain while at its premises or facilities. If you have any questions about the legal consequences of this document, please obtain advice from your lawyer prior to signing. This document must be signed before you participate in any activity at Rainbow Play Systems.

By signing this document (the “Agreement”), and in considerations of your use of the Rainbow Play Systems, you agree and understand:

  1. Recreational and playful activities in and around play equipment such as the play equipment in the Playroom (“Play Activities”) can be inherently dangerous, especially to children, and can result in personal injuries, including disability, paralysis, and death, as well as property damage and other loss (collectively, “Injuries”). Injuries can occur from falling, jumping, landing, and colliding (with playmates, objects, and equipment). The risk of these Injuries can increase when other people are present, whether those people are users, spectators, Rainbow Play Systems staff, or others. You understand the potential Injuries involved and choose to voluntarily participate in the Play Activities at your own risk.
  2. In connection with your presence at the playroom and your participation in the Play Activities:
    • You forever wave any and all claims for damages, including injuries, that you may have against Rainbow Play Systems; and
    • You forever release Rainbow Play Systems from any and all liability for any damages, including injuries, that you may suffer; and
    • You forever hold harmless and indemnify Rainbow Play Systems from any liability for any damages, including injuries, to any third parties caused in whole or in part by you; and
    • You agree not to sue Rainbow Play Systems, for any claims you may have or which may arise; and
    • You assume and accept all risks of injuries and damages associated with your presence at Rainbow Play Systems and your participation in the play activities.
  3. “Rainbow Play Systems” means, its managers, employees, officers, directors, stockholders, agents, representatives, suppliers and any other person or company in any way associated with Rainbow Play Systems
  4. This Assumption of the Risk and Release of Liability Agreement is on behalf of the user of the Playroom personal representatives, assigns, heirs and family.
  5. You shall read and comply with the Rules of Safety/Conduct prior to engaging in any activity at the Playroom, and shall obey instructions from Rainbow Play Systems staff. You have no physical, medical, or mental condition that would prevent you from complying with the Rules of Safety/Conduct or that would limit or affect your participation in the Play Activities or jeopardize your health or the health of those around you in any way.
  6. You agree to give up your right to a trial by a court or a jury. Any dispute between you and Rainbow Play Systems shall be settled by binding arbitration in accordance with the Rules of the American Arbitration Association. The arbitrator’s award shall be final and binding upon the parties and judgment upon the award may be entered by any court of competent jurisdiction. The place of arbitration shall be the American Arbitration Association Office which is nearest to the Playroom used by you.
  7. If any provision of this Agreement is found invalid, it shall be revised in a manner consistent with the intent of that provision and shall not invalidate the remaining provisions of this Agreement. This Agreement will be interpreted and governed by the laws of the State of Wisconsin.
  8. This Agreement may not be orally modified, nor any provision waived except in writing signed by an officer of Rainbow Play Systems. You have knowingly and freely made this Agreement, without any kind of inducement or assurance.

Rev. 02/22/08

Type your name in the box below. Signing signifies your agreement to the above liability.