Terms & Conditions:
In consideration for being permitted into Makutu's Island and participation in the activities and any related activities (collectively, "activities") conducted by you or minors in your care custody and control while at Makutu's Island, 6919 W Ray Rd Chandler AZ 85226, I agree to the following:
ASSUMPTION OF RISK: I am the parent or legal guardian of the child or minors listed below and I agree that I and/or my child/ward am voluntarily participating in the activities offered by Makutu's Island including, but not limited to, the use of the equipment, facilities and the premises. I understand that there are physical risks associated with the use of the equipment. I understand that the Makutu's Island facility has ropes, bridges, zip tracker, tunnels, slides. vertical bungee, trampolines, barriers, and other equipment that have inherent risks for which injury will likely occur. Further, I have explained these risks to my child/ward and I accept and assume on behalf of myself and/or child/ward, all risks of personal injury, death, or disability to myself and/or child/ward that may result from participation, or any damage, loss or theft of any personal property which me and/or child/ward may incur. In spite of the risks mentioned above I freely choose to participate and as such I assume all of the responsibility for physical injury, including death, and property loss that may result.
RELEASE OF LIABILITY: I understand that myself and/or child/ward will be engaging in recreational and sporting activities while using the Makutu's Island facility and it is my voluntary and informed decision to release any claims, demands or lawsuits that they may have against Makutu's Island and its affiliates, instructors, officers, directors, agents, employees, designers, licensors, and members, as well as the property owner and tenants of the property and the owners, manufacturers and installers of the equipment comprising the Makutu's Island facility (collectively, the "Releasees"). Therefore, I agree on behalf of myself and my child/ward and our personal representative, successors, heirs, and assigns to hold Releasees harmless from any and all claims or causes of action arising out of me and my child/ward's participation at the Makutu's Island facility.
I expressly release and forever discharge Releasees from any and all liability, claims, demands or causes of action whatsoever arising out of any damage, loss, personal injury, or death to me or my child/ward, while participating in any of the activities offered at the Makutu's Island facility. This includes, without limitation, use of trampolines, inflatables, receiving instruction, strenuous bodily movement, and any other activities in and around the Makutu's Island facility. This release is valid and effective whether the damage, loss, or death is a result of any act or omission on the part of any Releasees or from any other cause. This Waiver and Release of Liability includes, without limitation, injuries, or accidents, which may occur as a result of the: (a) use or misuse of the facility in any way by anyone, (b) use of any equipment that malfunctions or breaks, (c) improper maintenance of the facility, grounds, or any equipment, (d) instruction or supervision, or (e) slipping, tripping and /or falling while in the facility or on the surrounding premises. I further grant Makutu's Island the right to photograph, videotape, and/or record me and/or my child/ward and to use my or my child's/ward's name, face, likeness, voice and appearance in connection with exhibitions, publicity, advertising, and promotional materials without reservation or limitation. I will inspect the portions of the facility that I intend to use prior to my using and will immediately report and defect to management. I am in good physical condition for the activity in which I will be participating and certify that I do not have any medical condition that may preclude me from safely participating.
INDEMNIFICATION: This agreement specifically contains an indemnity agreement whereby I agree to reimburse the Releasees against any damages (including attorney's fees and costs) incurred as a result of any lawsuit, claim, or action brought by myself, my child/ward, or any other party, related in any way to me or my child's/ward's use of the Makutu's Island facility.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF ALL LIABILITY AND A WAIVER OF ANY RIGHT THAT I MAY HAVE ON BEHALF OF MYSELF AND OR MY CHILD/WARD TO BRING A LEGAL ACTION OR ASSERT A CLAIM FOR INJURY OR LOSS OF ANY KIND AGAINST RELEASEES. SHOULD ANY CLAIM BE MADE, I UNDERSTAND AND AGREE THAT I WILL BE RESPONSIBLE FOR ALL ATTORNEY'S FEES AND DEFENSE COSTS INCURRED BY RELEASEES IN CONNECTION WITH OR IN THE DEFENSE OF THAT CLAIM.