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Monkey Joe's Waiver

Please read the waiver below and fill out the required fields found in the following form sections. All liability language from the waiver will apply to all persons listed below.

WAIVER OF INHERENT RISK LIABILITY – MINOR CHILD
A SIGNED WAIVER IS REQUIRED TO PARTICIPATE AT MONKEY JOE’S

NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN PURSUANT TO FL. STAT. §744.301
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF AIRTIME ONE LLC/ AIRTIME THREE LLC, d.b.a. MONKEY JOE’S USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM AIRTIME ONE LLC/ AIRTIME THREE LLC, d.b.a. MONKEY JOE’S IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND AIRTIME ONE LLC/ AIRTIME THREE LLC, d.b.a. MONKEY JOE’S HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.

In consideration for allowing the minor child identified below to enter into the play center and/or participate in any parties, programs, or activities at Monkey Joe’s, the undersigned natural guardian of the minor identified below, on behalf of the minor identified below, acknowledges, appreciates, understands, and agrees that:

  1. I HAVE READ THE FOREGOING “NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN PURSUANT TO FL. STAT. §744.301”. 
  2. I AM AWARE THERE ARE INHERENT RISKS.  I acknowledge that participation in inflatables, bounce houses, and other games and activities offered at Monkey Joe’s facilities is inherently risky, hazardous, and dangerous.  I understand that these activities can result in serious injury or damage to the minor child identified below.  Participation in these activities by the minor child identified below could result in physical or emotional injury, paralysis, death, property damage, or other damage to the minor child identifiedbelow as a result of these inherent risks.  I understand that certain risks are inherent and cannot be eliminated without jeopardizing the essential qualities of the activity, bounce houses, or inflatables. 
  3. DEFINITION OF “INHERENT RISKS”.  As used in this Waiver, the term “inherent risk” means those dangers or conditions, known or unknown, which are characteristic of, intrinsic to, or an integral part of the activity and which are not eliminated even if the activity provider acts with due care in a reasonably prudent manner, as set forth in Fl. Stat § 744.301. The term includes, but is not limited to, the failure by the activity provider to warn the natural guardian or minor child of an inherent risk and the risk that the minor child or another participant in the activity may act in a negligent or intentional manner and contribute to the injury or death of the minor child. A participant does not include the activity provider or its owners, affiliates, employees, or agents. 
  4. WAIVER OF INHERENT RISK LIABILITY.I therefore hereby waive and release, in advance, any claim or cause of action against AIRTIME ONE LLC/ AIRTIME THREE LLC, d.b.a. MONKEY JOE’S, or its owners, affiliates, employees, or agents, which would accrue to the minor child identified below for personal injury, including death, and property damage resulting from an inherent risk in the programs or activities at Monkey Joe’s. 
  5. I AGREE TO REPORT HAZARDS.If I discover any hazards at Monkey Joe’s, or otherwise have reasonable cause to believe a hazard exists at Monkey Joe’s, I agree to immediately report said hazard to the nearest Monkey Joe’s employee. 
  6. I HAVE READ AND UNDERSTAND THE RULES.  I hereby certify that I have read a copy of the operational rules and understand that it is my responsibility to ask questions about the operational rules and regulations if necessary.  I understand it is my responsibility to ensure that the minor child identified below understands the rules and abides by the rules.  If I have reasonable cause to believe that any rules have been broken by any individual at any time, I agree to immediately bring same to the attention of the nearest Monkey Joe’s employee. 
  7. CERTIFICATION OF INSURANCE.I hereby certify that I have previously acquired or procured sufficient insurance coverage on behalf of the minor child identified below to cover, or I otherwise agree to individually bear and pay on behalf of the minor child identified below, any and all costs incurred as a result of personal injury, including death, and property damage, resulting from an inherent risk in the programs or activities at Monkey Joe’s. 
  8. CERTIFICATION OF GOOD HEALTH AND VOLUNTARY PARTICIPATION.  I hereby certify that the minor child identified below is in good health, and that the minor child identified below has no health conditions or physical limitations which would interfere with safe participation at Monkey Joe’s.  I further certify that participation by the minor child identified below at Monkey Joe’s is strictly voluntary. 
  9. CERTIFICATION OF AUTHORITY.I hereby certify that I am over the age of 18 and I am aparent and/or natural guardian of the minor child identified below.  I further certify that I am authorized to execute this waiver of inherent risk on behalf of the minor child identified below pursuant to FL. Stat §744.031. 
  10. CERTIFICATION OF REVIEW AND COMPREHENSION.I certify that I have carefully read every word of this document, and that I understand and agree to all of the terms, conditions, waivers, and certifications made herein.  Prior to executing this document, I have had an opportunity to ask any and all questions I may have.  I understand that I have the right to review this document with an Attorney of my choosing prior to signing, if I wish. 
  11. CERTIFICATION OF ENTIRETY.  I certify that no contradictory oral representations, statements, or inducements have been made or relied on by me, and that this document reflects the entirety of the representations made to me and relied on by me in determining execution of this document. 
  12. I HAVE READ THIS DOCUMENT AND THE FOREGOING NOTICE, HAVE AFFIXED MY SIGNATURE BELOW, AND I AGREE TO ALL TERMS AND CONDITIONS LISTED.  
  13. VIDEO/PHOTO CONSENT. I acknowledge and consent that my video and/or photo is being recorded. 

The Participants fully understands and agrees that the Participant’s Activities at Monkey Joes may lead to exposure to COVID-19 and that contraction of COVID-19 may result in severe and permanent damage to the health of the Participant and/or others, including, but not limited to, death, fever, weight loss, irreversible pulmonary, respiratory and/or neurological system damage, mental or emotional distress, temporary or permanent disability, loss of income, loss of employment, loss of financial or other opportunities, medical expenses, which may or may not be covered by insurance, cleaning expenses, mandatory self-quarantine. Participant accepts these risks, and agrees as a condition of entry and to hold harmless Airtime One, Airtime Three LLC and its affiliates. 

AGREEMENT, WAIVER OF LIABILITY, RELEASE, AND ASSUMPTION OF RISK

A SIGNED WAIVER IS REQUIRED TO ENTER, REMAIN, OR PARTICIPATE AT MONKEY JOE’S FACILITIES

In consideration for permission to enter into or remain upon Monkey Joe’s property and/or facilities, and/or for permission to participate in any parties, programs, or activities at Monkey Joe’s, the undersigned acknowledges, appreciates, understands, and agrees that:

  1. ASSUMPTION OF RISKS.
    A. MONKEY JOE’S FACILITIES AND ACTIVITIES CAN BE HAZARDOUS AND DANGEROUS. Proximity to or participation in Monkey Joe’s activities requires strenuous exercise, various degrees of physical, mental and emotional capabilities, and various degrees of skill and expertise. I understand that proximity to or participation in these activities can result in serious injury or damage to me and/ or my property while on Monkey Joe’s property.
    B. I AM AWARE THERE ARE RISKS.
    C. THESE RISKS INCLUDE BUT ARE NOT LIMITED TO:
     Risks associated with inflatables, bounce houses, and other games and activities offered at Monkey Joe’s can arise from defective equipment, human error, misuse of equipment, overcrowding, lack of parental supervision, and other instances of ordinary or gross negligence by Monkey Joe’s or its employees, staff, agents, owners, operators, and independent contractors, as well as other third parties, participants, my child, and myself. Proximity to or participation in activities offered at Monkey Joe’s can lead to injuries including rope burn, vinyl burns, sprains, fractures, broken bones, scrapes, bruises and cuts, dislocations, pinched fingers, toes, and/or other appendages, nerve damage, bleeding, loss of blood, headaches, muscle cramps, muscle spasms, torn ligaments or tendons, asphyxiation, choking, loss of consciousness, and serious injuries to the head, back, neck, spinal cord, spinal column, and spine, which can cause paralysis or even death. Participants often fall off of equipment, sprain or break wrists, ankles, legs, and can suffer more serious injuries as well. Participants often fall onto each other resulting in various injuries described herein. Double-bouncing, flipping, running, and bouncing or climbing over walls is dangerous and can cause serious injuries. There are also many other risks not disclosed or identified here. Pre-existing medical conditions, including but not limited to pregnancy, can increase the risks associated with proximity or participation in activities at Monkey Joe’s. I understand that Monkey Joe’s and its employees, owners, agents, and contractors are not responsible to monitor or protect me, my child, or any other participants or third parties from any types of risks or harm whatsoever, whether known, or unknown, whether disclosed or undisclosed, whether latent or overt.
    D. I AM AWARE THERE ARE ALSO INHERENT RISKS. I acknowledge that proximity to or participation in inflatables, bounce houses, and other games and activities offered at Monkey Joe’s facilities is inherently risky, hazardous, and dangerous. I understand that these activities can result in serious injury or damage. Proximity to or participation in these activities could result in physical or emotional injury, paralysis, death, property damage, or other damage as a result of these inherent risks. I understand that certain risks are inherent and cannot be eliminated without jeopardizing the essential qualities of the activity, bounce houses, or inflatables.
    E. DEFINITION OF “INHERENT RISKS”. As used in this Agreement, the term “inherent risk” means those dangers or conditions, known or unknown, which are characteristic of, intrinsic to, or an integral part of the activity and which are not eliminated even if the activity provider acts with due care in a reasonably prudent manner, as set forth in Fl. Stat § 744.301. The term includes, but is not limited to, the failure by the activity provider to warn of an inherent risk and the risk that an individual or another participant in the activity may act in a negligent or intentional manner and contribute to the injury or death of an individual. A participant does not include the activity provider or its owners, affiliates, employees, or agents.
    F. I ASSUME ALL RISKS. I expressly agree to assume 100% of all risks associated with my presence on Monkey Joe’s property and my proximity or participation in activities at Monkey Joe’s. I assume any and all risk, damage or injury, whether inherent or otherwise, whether known or unknown, whether disclosed or undisclosed, and whether latent or overt, while on Monkey Joe’s property.
  2. WAIVER OF ALL RESPONSIBILITY AND LIABILITY. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless AIRTIME ONE LLC, AIRTIME THREE LLC and Monkey Joe’s, and their owners, employees, agents, affiliates, directors, trustees, and all other persons or entities acting on their behalf, from and against any and all claims, demands, liability, causes of action, costs and/ or expenses, and Attorney’s fees and costs, on behalf of myself, my estate, my executors, my heirs, my administrators, my beneficiaries, or any other third parties resulting in any way from injuries, damages, or losses of any kind sustained to my person or property while in or upon any Monkey Joe’s property, premise, facility or while in proximity to or participation in Monkey Joe’s activities, including but not limited to (i) any such claims which allege negligent acts or omissions, whether ordinary or gross, of AIRTIME ONE LLC, AIRTIME THREE LLC and Monkey Joe’s, and their owners, employees, agents, affiliates, directors, trustees, and all other persons or entities acting on their behalf; (ii) any such claims for damage to or theft of my personal belonging, jewelry, or other personal property which may occur while I am on Monkey Joe’s property or facility and/or while I am in proximity to or participating in Monkey Joe’s activities.
  3. LIMITATION OF RIGHTS, WAIVER OF JURY TRIAL, LIMITATION ON DAMAGES. In addition to, and not in lieu of the release, assumptions of risk, and waiver set forth herein, I agree that in the event litigation or claims are initiated by me, my estate, my executors, my heirs, my administrators, my beneficiaries, or any other third parties against Airtime One LLC, Airtime Three LLC, Monkey Joe’s, or their owners, employees, agents, affiliates, directors, trustees, and all other persons or entities acting on their behalf, resulting in any way from injuries, damages, or losses of any kind sustained to my person or property while in or upon any Monkey Joe’s property, premise, facility or while in proximity to or participation in Monkey Joe’s activities, and said injuries, damages, or losses are alleged to be recoverable in whole or any part as having not been addressed, covered, released, discharged or waived by the language of this document, or the language of this document is held in any part to be unenforceable, then I agree as follows: (i) Venue shall only be in the Courts of the State of Florida and only in the County in which the alleged loss, injury, or damage occurred and where a Monkey Joe’s facility is located, (ii) I hereby waive my right to a trial by jury; (iii) Airtime One LLC, Airtime Three LLC, and Monkey Joe’s , or their owners, employees, agents, affiliates, directors, trustees, and all other persons or entities acting on their behalf, shall not be held liable, under any circumstances, for any damages in excess of Ten Thousand Dollars ($10,000.00), it being understood that pricing for the facilities and activities at Monkey Joe’s is set in reliance upon this limitation of damages.
  4. I AGREE TO REPORT HAZARDS. If I discover any hazards at Monkey Joe’s, or otherwise have reasonable cause to believe a hazard exists at Monkey Joe’s, I agree to immediately report said hazard to the nearest Monkey Joe’s employee.
  5. I HAVE READ AND UNDERSTAND THE RULES. I hereby certify that I have read a copy of the operational rules and understand that it is my responsibility to ask questions about the operational rules and regulations if necessary. I understand it is my responsibility to ensure that I understand the rules and abides by the rules. If I have reasonable cause to believe that any rules have been broken by any individual at any time, I agree to immediately bring same to the attention of the nearest Monkey Joe’s employee.
  6. CERTIFICATION OF INSURANCE. I hereby certify that I currently maintain sufficient insurance coverage on behalf of myself and my property to cover, or I otherwise agree to individually bear and immediately pay, any and all costs incurred as a result of personal injury, including death, and property damage, in any way resulting from presence upon Monkey Joe’s property or facilities or resulting from proximity or participation in the programs or activities at Monkey Joe’s.
  7. CERTIFICATION OF GOOD HEALTH AND VOLUNTARY PARTICIPATION. I hereby certify that I am in good health, and that I have no health conditions or physical limitations which would interfere with safe presence or participation at Monkey Joe’s, or that would increase the likelihood of injury, damage or loss while on the property of Monkey Joe’s. I further certify that my presence and/ or participation at Monkey Joe’s is strictly voluntary.
  8. CERTIFICATION OF AUTHORITY. I hereby certify that I am over the age of 18, have not been diagnosed with any mental or psychological disorders which affect my judgment in any way, and have never been adjudicated incompetent by any Court of competent jurisdiction. I further certify that I am not currently under the influence of any alcohol, drugs, or other medication, including but not limited to illegal drugs and prescription medications.
  9. CERTIFICATION OF REVIEW AND COMPREHENSIONI certify that I have carefully read every word of this document, and that I understand and agree to all of the terms, conditions, waivers, and certifications made herein. Prior to executing this document, I have had an opportunity to ask any and all questions I may have. I understand that I have the right to review this document with an Attorney of my choosing prior to signing, if I wish.
  10. CERTIFICATION OF ENTIRETY. I certify that no contradictory oral representations, statements, or inducements have been made or relied on by me, and that this document reflects the entirety of the representations made to me and relied on by me in determining execution of this document.
  11. SEVERABILITY CLAUSE. If any term of this Agreement is to any extent invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms hereof shall remain in full force and effect. The illegality, invalidity or unenforceability of any provisions or terms of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
  12. VIDEO/PHOTO CONSENT. I acknowledge and consent that my video and/or photo is being recorded.
  13. I HAVE READ THIS DOCUMENT AND THE FOREGOING NOTICE, HAVE AFFIXED MY SIGNATURE BELOW, AND I AGREE TO ALL TERMS AND CONDITIONS LISTED.

The Participants fully understands and agrees that the Participant’s Activities at Monkey Joes may lead to exposure to COVID-19 and that contraction of COVID-19 may result in severe and permanent damage to the health of the Participant and/or others, including, but not limited to, death, fever, weight loss, irreversible pulmonary, respiratory and/or neurological system damage, mental or emotional distress, temporary or permanent disability, loss of income, loss of employment, loss of financial or other opportunities, medical expenses, which may or may not be covered by insurance, cleaning expenses, mandatory self-quarantine. Participant accepts these risks, and agrees as a condition of entry and to hold harmless Airtime One, Airtime Three LLC and its affiliates. 


By signing this waiver, I agree that all information is complete and accurate.