FROGMAN'S PARTY RENTALS Photo and Liability Waiver

Read Our Waiver
Photo, Video and Social Media Release
Frogman’s Party Rentals Customer Release of Liability,
Assumption of Risk and Indemnity and Hold Harmless Agreement

In consideration of being permitted by Frogman’s Party Rentals, hereby
referred to as Frogman’s Party Rentals, to participate in its activities and to use its
equipment and facilities, Frogman’s Party Rentals Activities to the fullest extent
allowed by law, I hereby agree to fully release, defend, indemnify and hold
harmless Frogman’s Party Rentals its/their agents, employees, volunteers, owners,
managers, members, shareholders, directors, partners, manufacturers,
participants, lessors, franchisors, affiliates, parent companies, subsidiaries,
suppliers, related and affiliated entities, successors and assigns and all other
participants in Frogman’s Party Rentals Activities (collectively, RELEASED
PARTIES) on behalf of myself, my spouse, my minor children, wards,
relatives or other persons under my care, and/or other persons brought with
me to participate in Frogman’s Party Rentals Activities (persons under my care) and
my parents, next of kin, my heirs, assigns, personal representatives and
estate (collectively RELEASING PARTIES).

To the fullest extent allowed by law, I, on my own behalf and on behalf of
the RELEASING PARTIES release the RELEASED PARTIES from any
claim brought against any or all of the RELEASED PARTIES by me or by
any of the RELEASING PARTIES and I agree to defend, indemnify and
hold harmless the RELEASED PARTIES for all costs and expenses,
including but not limited to all legal fees incurred by the RELEASED
PARTIES in defending any claim brought against any or all of the
RELEASED PARTIES by me or by any of the RELEASING PARTIES
arising out of my use, or the use of any of the Releasing Parties, of
Frogman’s Party Rentals equipment or arising out of my participation or the participation
of any of the RELEASING PARTIES in Frogman’s Party Rentals Activities and further
agree to pay the full amount of any judgment, award or verdict that might be
entered against any of the RELEASED PARTIES and/or in favor of any or
all of the RELEASING PARTIES.

I understand and acknowledge that participation in Frogman’s Party Rentals Activities
and/or use of Frogman’s Party Rentals equipment entails known and unknown risks that
could result in physical or emotional injury, paralysis, death, or damage to
myself or to other persons or to property. I fully understand that the risks
inherent in engaging in Frogman’s Party Rentals Activities cannot be fully eliminated
without compromising the essential qualities of the activity associated with
Frogman’s Party Rentals Activities.

These risks of engaging in Frogman’s Party Rentals Activities include, without
limitation, the risk of cuts and bruises, and far more serious risk of injury,
paralysis or death including without limitation the following: participants
sometimes bump into each other or to objects in or near the area of play,
sprain or break wrists and ankles, and can suffer debilitating permanent
injuries, including partial or complete paralysis, head and brain injury and
death. Serious injury and death can occur to those standing and observing
Frogman’s Party Rentals Activities. Traveling to and from Frogman’s Party Rentals Activities
locations raises the possibility of accidents. Spectators who are not
participating directly in Frogman’s Party Rentals Activities can cause or contribute to
incidents or accidents and serious personal injury or death. I acknowledge
that I, or my minor child, ward, spouse, or other persons under my care
could require substantial medical assistance at significant expense to me or
to others responsible for medical care and treatment of me or my child,
ward, spouse, or other persons under my care.

I acknowledge that Employees of Frogman’s Party Rentals (Employees or Agents or
Volunteers) cannot ensure or guarantee my safety or the safety of any
participant in Frogman’s Party Rentals Activities. Employees or Agents or Volunteers
may be unaware of a participants fitness or ability. Further, some
participants may not heed the safety precautions provided to all participants.
Further, equipment may become loose, out of adjustment, or malfunction
and that may not be known or observed by Employees or Agents or
Volunteers prior to the occurrence of an injury or death. There is also the
risk that Employees or Agents or Volunteers may not observe behavior of
participant(s) that increases the risk of injury or death to the participant(s) or
to others, including me, my minor child, ward or other persons under my
care. I acknowledge and understand that engaging in Frogman’s Party Rentals Activities
is strenuous and may not be appropriate for all participants. This Release,
Assumption of Risk and Indemnity and Hold Harmless agreement, to the
fullest extent permitted by law, shall include without
limitation claims arising out of allegations of negligent, willful and wanton
and/or reckless acts or omissions by Frogman’s Party Rentals and/or its Employees or
Agents or Volunteers or participants or spectators including without
limitation allegations of inadequate supervision by Employees or Agents or
Volunteers.

After being fully informed of the above, I, on my own behalf and, to the
fullest extent allowed by law, on behalf of all RELEASING PARTIES
expressly agree and promise to accept and assume all of the risks inherent to
and existing in engaging in Frogman’s Party Rentals Activities including without
limitation risks involving the use of Frogman’s Party Rentals equipment and other
equipment provided by Frogman’s Party Rentals or others; and I voluntarily elect to
participate and/or to allow my minor child, ward or other persons under my
care to participate in all activities and use all equipment offered or provided
by Frogman’s Party Rentals.

As further consideration of being permitted by Frogman’s Party Rentals to participate in
Frogman’s Party Rentals Activities and to use Frogman’s Party Rentals equipment and facilities,
and/or to allow my minor child, ward or other persons under my care to
participate in Frogman’s Party Rentals Activities and to use its equipment and facilities, I
hereby grant to Frogman’s Party Rentals the irrevocable right and permission to
photograph or video tape (or to use any similar medium) to record me and/or
my child, ward or other persons under my care for all purposes, including
advertising and promotional purposes, in any manner and in any and all
media now or hereafter known, in perpetuity, throughout the world without
restriction as to alteration. I waive the right to inspect or approve the use of
any such photograph or recording.

To the extent that any portion, clause or aspect of this Release of Liability,
Assumption of Risk, Indemnity and Hold Harmless Agreement is found to
be invalid, void or unenforceable, all other portions, clauses or aspects of
this Agreement shall remain in full force and effect.

In the event a lawsuit or counterclaim is filed on my own behalf or on behalf
of my minor child, ward or other persons under my care, I expressly agree
that venue shall be proper exclusively and only in DuPage County, Illinois
or in the Federal Court of the Northern District of Illinois, Eastern Division.
I further agree that Illinois law shall apply to any lawsuit or counterclaim
brought on my own behalf or on behalf of my minor child, ward or other
persons under my care, without consideration of choice of law or conflict of
law rules. I HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY AND
AGREE THAT ANY ACTION IN THE STATE COURT OR FEDERAL
DISTRICT COURT SHALL BE TRIED BY A JUDGE IN A BENCH
TRIAL.

I have read the above and fully understand the terms of this Release of
Liability, Assumption of Risk and Indemnity and Hold Harmless Agreement
and I have either consulted an attorney or elected
not to do so. By signing this document, I acknowledge that if anyone is
injured or killed, or if property is damaged during my participation in any
Frogman’s Party Rentals Activities or during the participation of my minor child, ward
or other persons under my care, I may be or will be found by a court of law
to have waived all right to maintain suit against Frogman’s Party Rentals or any of the
RELEASED PARTIES and/or that I may or will be found to be fully
responsible for all attorney fees and all other costs incurred by Frogman’s Party Rentals
and/or any of the RELEASED PARTIES and/or that I may or will be found
personally liable for any judgment, award or verdict entered against
Frogman’s Party Rentals and/or any of the RELEASED PARTIES.

UNDERSTANDING THAT THERE EXIST KNOWN AND UNKNOWN
DANGERS OF SERIOUS INJURY AND DEATH ASSOCIATED WITH
THE ACTIVITIES PROVIDED BY FROGMAN’S PARTY RENTALS, SOME OF WHICH
ARE REFERENCED ABOVE, I CHOOSE TO PARTICIPATE IN ALL
ACTIVITIES OFFERED OR PROVIDED BY FROGMAN’S PARTY RENTALS AND/OR
TO ALLOW MY MINOR CHILD, WARD OR OTHER PERSONS
UNDER MY CARE TO PARTICIPATE IN ALL FROGMAN’S PARTY RENTALS
ACTIVITIES OFFERED OR PROVIDED BY FROGMAN’S PARTY RENTALS AT MY
OWN RISK PURSUANT TO THE TERMS OF THIS RELEASE OF
LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AND HOLD
HARMLESS AGREEMENT.
*************************************************************
****************
Signature Required - Must fill out all fields