Scramble Alexandria LLC; and,
Scramble Falls Church LLC
Participant Agreement: Consent, Waiver, and Release of Claims
This Participant Agreement: Consent, Waiver, and Release of Claims (“Agreement”) is entered as of the Effective Date (the date the online waiver is completed) by and between the Customer, on behalf of themselves and any and all accompanying Participants, which may include their minor children, wards, supervisees, and any other person on whose behalf Customer enters this Agreement, and Scramble Alexandria LLC doing business as Scramble in the City of Alexandria, and Scramble Falls Church LLC doing business in the City of Falls Church (singly and collectively “Scramble”).
In consideration of the use and enjoyment of Scramble’s premises, facilities, and equipment, and of Scramble’s provision of playspace, recreational structures, sports courts, food service, food service areas, coordinated or individual group and individual play activities, and all appurtenant and related services provided by Scramble (collectively the “Services”), I, the Customer, on behalf of myself, my spouse, heirs, assigns, children, parents, estate, and insurers, and the Participants, including but not limited to all children, minors, wards, incapacitated persons, or other individuals represented by me, hereby understand, and agree to the following terms:
- I understand and agree to comply with Scramble’s posted rules and regulations and understand that these rules and regulations are created for my safety and the safety of Participants, and all parties present at Scramble. I understand and agree that a violation of any Scramble rule or regulation by me or a Participant, may, in the sole discretion of Scramble, its representatives or agents, result in immediate removal of the offending party and their entire group, without refund or recompense;
- I further understand and agree that use of and participation in Scramble’s Services may involve strenuous physical exertion, physical impacts, and activities off the ground that carry inherent risks to me and the Participants, both known and unknown, including, but not limited to: serious bodily injury, up to and including death, as well as other physical or emotional injuries of all kinds, including, but not limited to, serious physical injury, emotional and mental illness, disease, paralysis, or damage to my or a Participant’s personal property (cumulatively referred to as the “Risks”);
- In further recognition of the Risks, I understand and agree to accept all Risks and knowingly assume the possibility of such consequences as may result from the Risks both for me and all Participants.
- I represent that I am, and Participants are, physically able to participate in all Services without aid or assistance and am willing to assume the risk of any medical physical condition created or exacerbated by the Services proper or improper. If at any time I believe the Services to be unsafe, I will immediately discontinue my participation and the participation of all Participants;
- I agree, to the maximum extent allowed by law, to release, hold harmless, and indemnify Scramble, its members, directors, employees, and agents, and all owners of property on which the Services take place, from any and all demands, claims, causes of action, liability, damages, expenses, or attorneys’ fees, for personal injuries or property damage and/or death arising out of or resulting from participation in any Service to the extent that those personal injuries or property damage and/or death are caused by my or a participant’s own negligence or willful misconduct, or by the negligence or willful misconduct of others participating in services.
- I further understand and agree that in the event that I am incapacitated or cannot be contacted through reasonable efforts, by signature hereto, I hereby authorize Scramble to seek qualified emergency care personnel, to hospitalize, secure treatment for, and take whatever medical action(s) are necessary to treat me or a Participant. I further authorize Scramble to contact my designated emergency contact about my or a Participant’s physical or mental health during the activity, event, or program, if Scramble deems it advisable to do so;
- I further understand and agree to allow Scramble to use photos and or videos of myself, the Customer, and / or the Participants in any printed and electronic publications without notice or compensation and without any right of prior inspection or modification. Photos taken on Scramble’s cameras are the property of Scramble and may not be used for any publication purposes without written permission from Scramble.
- I further understand and agree that no promises, inducements, or agreements not herein expressly written have been made and that this Agreement contains the entire agreement between the parties, and that this Agreement shall be binding on the Customer, the Participants and each of their heirs’ executors, personal representatives, successors and assigns.
- Finally, I understand and agree that:
- This Agreement shall be governed by the laws of the Commonwealth of Virginia, without regard to any conflict of law rules, any disputes governed hereunder shall be resolved in a court of competent jurisdiction in Arlington County, Virginia;
- If any provision of this Agreement is found to be void or unenforceable, the remainder of the document shall remain in full force and effect;
- I have the actual authority to enter this Agreement, both on behalf of myself and all Participants as either parent, guardian, or authorized agent of the Participant’s parent or guardian;
- I have read, and knowingly and voluntarily sign, this Agreement and understand its contents and that it is a binding contract.