PARTICIPANT WAIVER, RELEASE, AND AGREEMENT TO ASSUME RISK
ATTENTION: READ CAREFULLY BEFORE SIGNING.
This Participant Waiver, Release, and Agreement Assume Risk (“Agreement”) is between the following: you, the participant; Bounce Back LLC d/b/a US
AIRBAG LLC and their owners, officers, employees, representatives, agents, volunteers, parents, affiliates, related companies, and all other persons or
entities acting in any capacity on their behalf (collectively referred to herein as “USA”); and Dennis Raedeke, Inc. d/b/a Wild Mountain (“Wild Mountain”)
and its owners, officers, employees, representatives, agents, volunteers, parents, affiliates, related companies, and all other persons or entities acting in any
capacity on its behalf (collectively referred to herein as “Wild Mountain”.
The airbag activity for which you are buying a jump ticket is being provided, operated, and staffed by USA.
TERMS AND CONDITIONS
1. In consideration of the services of USA and Wild Mountain, including, but not limited to, the purchase of a jump, alpine slide or go-kart ticket, you
agree to waive all rights to bring any claim against USA and/or Wild Mountain, and you agree to release USA and Wild Mountain from all liability and for
any and all injuries to person or property you may suffer during your use of the airbag, alpine slide or go-kart or your participation related to the airbag,
alpine slide or go-kart activities. You understand and acknowledge that this waiver and release encompasses claims based on the negligence of USA
and Wild Mountain, including, but not limited to, the negligence of their respective employees. By signing this Agreement, it is your intention to
give up the right to sue USA and/or Wild Mountain, even if you believe that your injuries were caused by some negligent act or omission by USA
and/or Wild Mountain. In accordance with Minnesota law, nothing in the Release should be construed as releasing, discharging or waiving any claims
you may have for conduct that is greater than ordinary negligence including, but not limited to, willful, wanton and/or intentional conduct on the part of
USA or Wild Mountain.
2. You acknowledge that participating in the airbag activities, including, but not limited to, free falling activities related to the airbag activity, is
inherently risky. Participation in the airbag, alpine slide or go-kart activities entails known and unanticipated risks. By participating in these
activities, you may suffer serious injuries (both physical and emotional), death, damage to yourself, damage to your property, and/or damage to
third parties. You expressly assume all risks, inherent and otherwise, of participating in the airbag activity. Such risks include, but are not limited
to, the following: inability to successfully navigate jumps; loss of control; awkward or unintended landings; slips and falls; colliding with others, which
could cause strains, sprains, broken bones, and head injuries; cuts, abrasions, and bruises; heat exhaustion, heat stroke, and cardiac-related events or illness;
hidden obstacles; distractions related to bystanders or other participants; loss of or damage to equipment being used; exposure to altitude and cold,
including hypothermia, frostbite, acute mountain sickness, exhaustion, and cerebral and pulmonary edema; insect bites; falling off or being thrown from the
airbag, alpine slide or go-kart, which could result in musculoskeletal injuries, including head, neck, and back injuries; equipment failure; operator error;
limited visibility because of weather conditions; negligence, including your negligence, the negligence of bystanders or other participants, the negligence of
USA and/or Wild Mountain, and the negligence of other persons present; your physical condition; and the physical exertion associated with this activity.
You also expressly assume any and all risk related to the design, maintenance, and operation of the airbag, alpine slide or go-kart.
3. You acknowledge that USA and/or Wild Mountain may not be aware of your fitness or abilities. But regardless of whether USA or Wild Mountain is
aware of your fitness or abilities, you acknowledge and agree that you are solely responsible for making the decision about whether you can and should
participate in the airbag, alpine slide or go-kart activities. You certify that you are willing to assume the risk of any medical or physical condition you have
or may have.
4. You expressly agree and promise to accept and assume all of the risks existing with regard to the airbag, alpine slide or go-kart activities, and you
voluntarily elect to participate in them in spite of the risks.
5. You agree that, if USA, Wild Mountain, or anyone acting on behalf of USA or Wild Mountain is required to incur attorney fees and costs to enforce this
Agreement in whole or in part, you will indemnify them and hold them harmless for any and all such fees and costs.
6. You certify that you have adequate insurance to cover any injury or damage you may cause or suffer while participating in the airbag, alpine slide or gokart activities. Alternatively, you agree to bear the costs of any such injury or damage yourself.
7. You agree that, if suit is brought by you or on your behalf against USA and/or Wild Mountain for any reason arising out of or relating to your
participation in the airbag, alpine slide or go-kart activities, your use of USA or Wild Mountain equipment, your use of USA facilities, and/or your visit to
Wild Mountain, the suit will be governed by Minnesota law.
8. This agreement is governed by the applicable laws of Minnesota. If any part of this agreement is determined to be unenforceable, all other parts shall be
given full force and effect. In the event that any provision is found to be invalid, the provision shall be revised so that it is enforceable to the greatest extent
possible. I agree and understand that any claim or lawsuit against ‘USA’ and ‘Wild Mountain’ may be brought in the federal or state courts of Minnesota
only.
9. You acknowledge that you have read this entire Agreement and understand the entirety of it.
10. You acknowledge that, by signing this Agreement, you are knowingly and voluntarily entering into this Agreement with the intent to be bound by its
terms and conditions.
__________________________________________________________________________________________________________________________
PRINT FIRST NAME
PRINT LAST NAME
___________________________________________________________________________
SIGNATURE
ND: 4832-0158-6708, v2
DATE
____________
AGE
MINOR PARTICIPANT
TO BE COMPLETED IF PARTICIPANT IS A MINOR
ACKNOWLEDGMENTS AND AGREEMENTS OF MINOR PARTICIPANT
You acknowledge that you are a minor who is 46” or taller.
You acknowledge that you have read the entirety of this Agreement, including page one (Initial Here _______) of this Agreement. Moreover, you
acknowledge that you have shown both pages of this Agreement to your parent or legal guardian and asked him/her to read both pages carefully.
By signing your name below, you are confirming that you understand the waiver and release, as well as the assumption-of-the-risk language, on page one
of this Agreement and you acknowledge and agree that the waiver and release, as well as the assumption-of-the-risk language, apply to you. By signing
your name below, you are also confirming that, if you have any questions about the meaning of any language on page one or page two of this Agreement,
you have asked for and received clarification of that meaning from your parent or legal guardian.
MINOR PARTICIPANT (to be filled out if you, the participant, are a minor):
_________________________________
(Print Name)
____________
(Age)
_________________________________
(Print Name)
____________
(Age)
_________________________________
(Print Name)
____________
(Age)
ACKNOWLEDGMENTS AND AGREEMENTS OF MINOR PARTICIPANT’S PARENT/LEGAL
GUARDIAN/CHAPERONE
The undersigned acknowledges that he/she is the parent/legal guardian of the minor participant. The undersigned also acknowledges that he/she has
reviewed both pages of this Agreement with the minor participant and chaperone explained the entire Agreement to the minor participant.
Parent or Legal Guardian: The undersigned understands the entirety of this Agreement and permits the minor to participate with the intent that all
terms and conditions of this Agreement will be binding on the minor participant and the undersigned, and/or any claim or lawsuit arising out of the
participation by the minor for whom you are the parent/legal guardian. You agree to defend and indemnify USA and/or Wild Mountain from any
claim or lawsuit brought by or on behalf of the minor for whom you are the parent/legal guardian. Furthermore, the undersigned agrees that he/she
will release, indemnify, and hold harmless USA and/or Wild Mountain in a manner consistent with the terms and conditions set forth in this Agreement.
Chaperone: The undersigned agrees and acknowledges that he/she has discussed all of the terms of this Agreement with the minor participant’s
parent/legal guardian and has received express authority from the parent/legal guardian to (a) review and explain both pages of this Agreement with the
minor participant; (b) sign this Agreement on behalf of the parent/legal guardian; (c) and bind the parent/legal guardian to defend and indemnify USA
and/or Wild Mountain from any claim or lawsuit brought by or on behalf of the minor and/or any claim or lawsuit arising out of the minor’s participation.
The undersigned also agrees that the minor participant’s parent/legal guardian has expressly agreed to release, indemnify and hold harmless USA and/or
Wild Mountain in a manner consistent with the terms and conditions set forth in this Agreement.
The Chaperone further agrees that if a claim or lawsuit is brought by or on behalf of the minor and/or arising out of the minor’s participation and the
parent/legal guardian denies that he/she gave you the express authority and agreements identified in the previous paragraph, you agree to defend and
indemnify USA and/or Wild Mountain in the claim and/or lawsuit and to reimburse USA and/or Wild Mountain for its legal costs and fees in responding
to or defending against such claim and/or lawsuit.
MINOR PARTICIPANT’S PARENT/LEGAL
GUARDIAN/CHAPERONE:
__________________________________________________________________________________________________________________________
PRINT FIRST NAME
PRINT LAST NAME
___________________________________________________________________________
SIGNATURE
ND: 4832-0158-6708, v2
DATE
____________
AGE