Waiver Form
*Email Address
*First Name
*Last Name
*Phone
I, being 18 years of age or older, am the parent, legal guardian or appointed representative of the child(ren) listed below
One adult per waiver, please add minors here.
Participating
First Name
Last Name
Date of Birth
Participating
First Name
Last Name
Date of Birth
Participating
First Name
Last Name
Date of Birth
Participating
First Name
Last Name
Date of Birth
Participating
First Name
Last Name
Date of Birth
Terms and Conditions
In consideration of being permitted by Funplex Entertainment LTD., doing business as “The Arcadium”, to participate in its activities and to use its equipment and facilities, now and in the future, I hereby agree to release, indemnify and forever discharge The Arcadium, its agents, owners, members, shareholders, officers, directors, managers, partners, employees, volunteers, manufacturers, participants, leasers, affiliates, its subsidiaries, related and affiliated entities, successors and assigns (the “RELEASED PARTIES”), on behalf of myself, my spouse, my child(ren), my parent(s), my heir(s), assign(s), personal representative(s) and estate as follows: I acknowledge that my participation (the “Participation”) in the activities provided at The Arcadium indoor theme park facility entails known and unknown risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to all of those whom I have brought to be involved in the Participation, to our properties or to third parties. I understand that such risks simply cannot be completely eliminated without jeopardizing the nature and essential qualities of the activity. The risks include, among other things and without limitation of the generality of the foregoing: exposure of participants to the risk of cuts and bruises, sprained or broken wrists and ankles, concussions, dislocations, head/neck injuries, and in some cases more serious injuries, including paralysis or death. Serious injuries to limbs might occur to children participating in various slides despite following proper instructions, as individuals have different body conditions. Physical harms might happen due to collisions while playing a variety of slides, inside the facility. The risks of stumping exist when there are multiple members inside the foam ball pit at the same time. Face injuries are possible while playing Foam Ball Cannon. Damages to body can happen while moving about inside the theme park, despite the safety precautions taken by our staff. During flu seasons, raised possibilities of catching cold, flu or other diseases from other participants should not be ignored. If you or your child is injured, you or your child may require medical assistance, at your own, sole expense. Furthermore, The Arcadium employees have difficult jobs to perform. They strive for the highest standards of safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They may give incomplete warnings or instructions, and the equipment being used might become loose, out of adjustment, or malfunction. There is also a risk that The Arcadium employees may be negligent in, among other things, monitoring and supervising the use of its equipment and facilities and in the maintenance and repair of its equipment and facilities. Notwithstanding the above, this Release remains effective. I acknowledge and understand that the Released Party are not responsible for any lost or stolen items of personal property belonging to myself or the minor child(ren) under my care while the said property is at any The Arcadium facilities including, but not limited to the theme park, toddlers' zone, party rooms, washrooms, bouncing castles, parking lots, vehicles in parking lots, and lockers I expressly agree and promise to voluntarily accept and assume all of the risks existing in the activities present at The Arcadium facilities. My participation in these activities is purely voluntary, and I elect to participate in spite of all known, and unknown risks. I hereby voluntarily release, forever discharge, and agree to defend, indemnify and hold harmless the RELEASED PARTIES from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of The Arcadium’s equipment or facilities, including any such claims which allege negligent acts or omissions of the RELEASED PARTIES. Should the Released Parties or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this Agreement, I agree to indemnify and hold them harmless the Released Parties for all such fees and costs. This means that I will pay all of those attorney’s fees and costs myself. I certify that I have adequate insurance to cover any injury or damage that I may cause or suffer while participating in the activities present at The Arcadium, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition that I may have, pre-existing or otherwise. In the event that I file a lawsuit against the Released Parties for any reason, I agree to do so solely in the Province of Alberta and I further agree that the substantive laws of Alberta shall apply in that action without regard to the conflict of the law rules of that Province. I agree that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. I agree as an adult participant, or the Parent/Legal Guardian of a minor participant, in consideration of being permitted to participate at The Arcadium’s facilities, grant The Arcadium, and all the RELEASED PARTIES, the irrevocable right and permission to take photographs of and/or record me or my child(ren)/ward(s) in connection with The Arcadium, and to use the photographs and/or recording for all purposes, including advertising and promotional purposes, in any manner, in any and all media now or hereafter throughout the world, without restriction as to any alteration. I waive any right to inspect or approve the use of the photographs and/or recording. I acknowledge and agree that the rights granted to this Release are without compensation of any kind. All photographs and/or recordings are the exclusive properties of The Arcadium. If the participant is a minor, I agree that this Waiver, Release of Liability, Indemnity and Assumption of Risk Agreement (this “RELEASE”) is made on behalf of that minor participant and that all of the releases, waivers and promises herein are binding on that minor participant. I represent that I have full authority as Parent or Legal Guardian of the minor participant to bind the minor participant to this Release. If the participant is a minor, I further agree to defend, indemnify and hold harmless the Released Parties from any and all claims or suits for personal injury, property damage or otherwise which are brought by, or on behalf of the minor, and which are in any way connected with such use or participation by the minor, including injuries or damages caused by the negligence of the RELEASED PARTIES, except injuries or damages caused by the gross negligence or willful misconduct of a particular Released Party. I confirm that I have not consumed any alcohol, drugs, or participated in any other activities which might impair my ability to safely participate in the activity prior to or during the course of my partaking in any of the activities located at The Arcadium facility. I confirm that I have had sufficient time to read and understand this Release in its entirety. I have obtained or have been given the opportunities to obtain independent legal and other professional advice before executing this Release. I understand that this Release represents the entire agreement between myself and The Arcadium (and the RELEASED PARTIES), and is binding on myself and anyone claiming through or under me. I on my own behalf am executing this Release freely and voluntarily without any compulsion on the part of The Arcadium or any of the RELEASED PARTIES. In consideration of not being required to sign a new copy of this RELEASE before each visit, I further agree that this RELEASE including all provisions of this Agreement shall apply to all future visits by me and by the minor participant until he/she is 18 years old. By signing this document, I acknowledge that if anyone is hurt or any property damaged during my participation in any of the The Arcadium activities, I may be found by a court of law to have waived my or the minor participant’s right to maintain a lawsuit against The Arcadium or any RELEASED PARTIES on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
I agree to the terms and conditions
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