ACCIDENT WAIVER AND RELEASE OF LIABILITY
By agreeing to this Waiver on the ticket request form, I assume all risk of myself and/or my child participating in the Arcadian Production DBA Ride-A-Dino animatronic dinosaur riding experience (hereinafter “activity”). Without signing this form, neither myself nor my child will be able to participate in the activity. I acknowledge that the above activity may pose some risk of personal injury and that I undertake and assume this risk for myself and my child.
On behalf of myself and/or my child, I further waive and release the promoters of the activity, school facility, any insuring entity of the above, and their directors, board members, officers, employees, volunteers, agents, representatives, or assigns, as well as the activity sponsors, from any and all liability, including, but not limited to, liability arising from negligence or fault of the entities or persons for any injury or disability which may occur as a result of my or my child’s participation in the above activity. I am assuming all risks on behalf of myself and my child that may arise from negligence or carelessness on the part of any of the persons or entities being released, as well as from defective equipment, real property or personal property that is owned, maintained, or controlled by the above persons.
I CERTIFY THAT MY MYSELF AND/OR MY CHILD ARE PHYSICALLY FIT AND SUFFICIENTLY PREPARED FOR PARTICIPATION IN THE ACTIVITY AND THAT THERE ARE NO HEALTH-RELATED REASONS OR PROBLEMS WHICH WOULD PRECLUDE THE PARTICIPATION OF MYSELF AND/OR MY CHILD IN THE ACTIVITY. I HAVE NOT BEEN ADVISED OF ANY REASON WHICH WOULD LIMIT MY CHILD OR MYSELF IN PARTICIPATING IN THE ACTIVITY.
I consent to receive any medical treatment deemed advisable for an injury to myself or my child during the activity and that any medical or other insurance for myself and/or my child will be insurance of first resort before contribution by any other insurance for any other person or entity, including accidental death and dismemberment insurance and accident medical insurance.
I understand that I and/or my child may be photographed while participating in the activity. I agree to allow my and my child’s photo, video, or film likeness to be used for any legitimate purpose by the activity holders, sponsors, producers, and their assigns.
I shall defend, hold harmless, and indemnify the parties from and against all losses, claims, damages, costs, or expenses (including reasonable legal fees, or similar costs) in connection with any action or claim brought or made (or threatened to be brought or made), for, or on account of any injuries or damages, received or sustained by myself and/or my child arising during the course of the activity.
This Agreement constitutes the sole and only agreement between the parties concerning mine and/or my child’s release and indemnification as a condition for participating in this activity. Any prior agreements, whether oral or in writing, shall be void and of no further effect. This Agreement may not be modified.