Release of Claims

PATRONS, PARTICIPANT, CUSTOMER, VENDOR OR VOLUNTEER RELEASE OF CLAIMS AND RIGHTS
You must be 18 or older to agree to this document.

By purchasing a ticket or donating to attend one of our events you are agreeing as a patron, participant, customer, vendor, or volunteer to waive your rights you may have to make a claim against Pendergast Elementary Community Foundation, LLC (also known as “Pendergast Foundation”) or to claim damages against Pendergast Foundaiton on behalf of yourself or those minors or impaired individuals for whom you assume responsibility upon utilizing these premises and the equipment herein. You understand that the use of our premises, equipment in our premises, such as chairs, tables, trampoline, bounce houses, mazes, color dyes and similar equipment located on these premises (the premises and equipment are identified as the “Facility”) can be dangerous even when a customer is acting in a safe manner. If you have brought children or impaired individuals who aren’t you legal children or guardian, then you represent that you have permission from each such individual’s parent or legal guardian to bring them to this facility and sign this release on their behalf. If you do not believe you have that permission, then you agree to immediately contact the parent or legal guardian and advise them of the terms of this release and obtain their consent. The following paragraphs explain the terms of this release of liability (“Release”) in specific detail and describe other terms to which you agree to be bound by signing this Release and/or using this Facility. The following terms supersede and supplement the terms in this introduction. Consequently, you are strongly encouraged to review all of these terms prior to signing this Release, approving the implementation of its terms.

I. Agree to These Release Terms. This Facility is borrowed or rented by an Arizona limited liability company known as Pendergast Elementary Community Foundation, LLC (identified as “Pendergast Foundation” herein). By entering this Facility with the intent to observe or participate and utilize the equipment and/or supervise or monitor another individual who intends to utilize the Facility, you agree to be bound to the terms of this Release as a “Patron.” If you facilitate the use of the equipment by any individual who is a minor (under the age of eighteen) or is mentally impaired, you are deemed that person’s “Custodian” under the terms of this Release. A minor individual or mentally impaired individual is collectively identified as a “Charge” under the terms of this Release.

II. Agree to Accept Liability. Pendergast Foundation will not permit Patrons to use the Facility unless (a) such Patrons agree to be completely liable and responsible for all injuries or death to themselves or damage to personal property, all injuries or death to third parties or damages to personal property to which Patron has contributed through Patron’s actions, and all damage to any property that may result from their use of the Facility. Custodian agrees to be completely liable and responsible for all injuries or death to Charges, all injuries or death to third parties to which a Charge has contributed through the Charge’s actions, and all damage to property that may result from use of the Facility by Charges who they permit to use the Facility.

III. Waiver of Claims of Injuries or Damages. The Patrons and Custodians knowingly and voluntarily accept and assume any and all risks of injuries, death or property loss or other loss or damage that may be suffered while using the Facility, both known and unknown. Among the risks assumed are those, but not limited to, that may cause injury or damage while using the Facility, however caused, even if caused wholly or partially by the action or inaction of Pendergast Foundation board, their principals, officers, employees, volunteers, their landlord, equipment manufacturers, repair persons, or agents. Patrons understand and appreciate that the use of the premises and equipment in the Facility exposes individuals to inherent risks, whether caused by the individual or other causes. There is the potential for these injuries to be quite severe, including paralysis or death. Patrons assume and accept these risks on their own behalf, and if they are responsible for Charges to use the Facility, as their Custodian, they assume and accept the risks on behalf of those individuals.

IV. Responsibility to Third Parties. To the extent that Patron or Patron’s (Custodian’s) Charges contribute to injuries or loss of property by a third party, Patron agrees to indemnify Pendergast Foundation against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and suffered by Pendergast Foundation, including, but not limited to all reasonable attorney , fees, costs and other expenses incurred by Pendergast Foundation in the course of defending a claim arising in part by Patron’s actions or assumed liability for others and Charges, whether the claim is for alleged injuries and damages to third parties.

V. Supervision of Charges. Charges are prohibited from using the equipment in this facility unless under the supervision of a Custodian. The Custodian who has represented that they will take responsibility for supervising a Charge, either by signing this agreement or assisting a Charge in accessing the equipment, is required to supervise and watch the Charge the entire time that the Charge is on the premises.

VI. Arbitration. ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING IN ANY WAY TO THE FACILITY OR THIS RELEASE SHALL BE SUBJECT TO MANDATORY AND BINDING ARBITRATION CONDUCTED IN MARICOPA COUNTY, ARIZONA. PARTICIPANTS ON BEHALF OF THEMSELVES, AND RESPONSIBLE PARTIES ON BEHALF OF CHARGES WHO THEY PERMIT TO USE THE FACILITY, UNDERSTAND AND AGREE THAT THEY ARE WAIVING THEIR RIGHTS TO COMMENCE ANY LEGAL ACTION OF ANY KIND AGAINST PENDERGAST FOUNDATION AND ITS AGENTS OTHER THAN ARBITRATION AS SET FORTH HEREIN. ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO PATRON’S OR THE CHARGE’S ACCESS TO AND/OR USE OF THE PENDERGAST FOUNDATION PREMISES AND/OR ITS EQUIPMENT, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE BROUGHT WITHIN ONE YEAR OF ITS ACCRUAL (i.e., the date of the alleged injury or damage, whether immediately known by one of the parties or not). This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of Arizona, without regard to choice of law principles.

VII. Photo Release. By entering the Facility, on behalf of yourself and any Wards you hereby grant to Pendergast Foundation the irrevocable right and permission to photograph and/or record me and my Wards in the Facility and to use the photograph and/or recording for all purposes, including, without limitation, advertising and promotional purposes and other commercial purposes, in any manner and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. You, on behalf of yourself and your Wards, waive any right to inspect or approve the use of the photograph and/or recording, and acknowledge and agree that the rights granted by this release are without compensation of any kind.

VIII. Agree to Follow Rules. PATRON AND CUSTODIAN, AND AS WARD OF THE MINORS AND IMPAIRED INDIVIDUALS LISTED BELOW, WILLINGLY AGREE TO READ, OBEY, AND COMPLY WITH ALL POSTED, SPOKEN AND/OR SAFETY RULE SIGNS AND CONDITIONS FOR ATTENDANCE AT PENDERGAST FOUNDATION, PARTICIPATION IN ACTIVITIES, AND USE OF TRAMPOLINES AND OTHER EQUIPMENT, AND UNDERSTAND THAT THE FAILURE TO DO SO MAY RESULT IN SERIOUS INJURY OR DEATH. CUSTODIANS PROMISE THAT THEY WILL VERBALLY REVIEW ALL SAFETY RULES SET FORTH IN THE FACILITY WITH THOSES LISTED BELOW. PATRONS AND CUSTODIANS REPRESENT THAT THEY AND ALL THOSE LISTED BELOW ARE PHYSICALLY FIT, OTHERWISE HEALTHY AND ABLE TO SAFELY PARTICIPATE IN ALL ACTIVITIES AND USE ALL OF THE EQUIPMENT AT PENDERGAST FOUNDATION.

IX. Infectious Diseases and COVID. Patron represents that:
(1) Patron and Custodian are willing to practice social distancing and maintaining at least six feet between individuals in all areas of the Facility;
(2) They are healthy enough to participate, and do not have symptoms of COVID 19 such as feeling sick, coughing, sneezing, shortness of breath, fever or are not feeling well;
(3) They do not live with or have visited a person or family member that has been diagnosed with or suspected of having COVID;
(4) and Patron and Custodian consent to having their (or their Ward’s) temperature checked upon entering the Facility. Custodian promises to promptly communicate these precautions to their Wards and react accordingly.

Patron and Custodian acknowledge, appreciate, and agree that:
(1) Presence in this Facility includes possible exposure to and illness from infectious diseases, including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and,
(2) Patron, and on behalf of their spouse, and Wards KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF Pendergast Foundation or others, and assume full responsibility for their own participation; and,
(3) agree to comply with the stated and customary terms and conditions for participation with respect to protection against infectious diseases and if Patron or Custodian observe any unusual or significant hazard during their presence or participation, they will stop the participation and bring such to the attention of the nearest management employee immediately;
(4) that Custodian has read and explained the provisions in this Release to their Ward, including the risks of presence and participation and the Ward’s personal responsibilities for adhering to the rules and regulations for protection against infectious diseases; and,
(5) Patron and Custodian, for themselves and/or on behalf of their spouse, and Wards, as well as on behalf of their heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS The Pendergast Foundation, its officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, owners, parent companies, affiliated entities and lessors of premises, with respect to any and all illness, disability, death, or loss or damage to person or property, whether arising from the negligence of Pendergast Foundation, its agents or otherwise, to the fullest extent permitted by law.

VII. Opportunity to Read and Approve this Release. PATRONS, ON BEHALF OF THEMSELVES, AND CUSTODIANS ON BEHALF OF CHARGES WHO THEY PERMIT TO USE THE FACILITY, AGREE THAT THEY HAD A SUFFICIENT OPPORTUNITY TO READ AND UNDERSTAND THIS AGREEMENT, AND TO ASK QUESTIONS ABOUT THIS AGREEMENT, BEFORE SIGNING IT. THEY UNDERSTAND THAT THEY HAVE GIVEN UP SUBSTANTIAL RIGHTS FOR THEMSELVES AND OTHERS BY SIGNING IT.