Waiver

Full Release of Liability and Waiver Agreement

Released Parties. This Agreement releases and protects Cashmere’s Rumble Jungleland LLC.

ADULT HAS THE FULL LEGAL RIGHT, POWER, AND AUTHORITY TO THE EXTENT PERMITTED BY APPLICABLE LAW TO EXECUTE THIS AGREEMENT ON BEHALF OF THE MINOR. 

YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS AGREEMENT, AND CASHMERE’S RUMBLE JUNGLELAND HAS THE RIGHT TO REFUSE TO LET YOUR CHILD(REN) PARTICIPATE IF YOU DO NOT SIGN THIS AGREEMENT. 

Cashmere’s Rumble Jungleland, together with its owners, officers, members, managers, employees, volunteers, contractors, insurers, equipment manufacturers/suppliers, landlords, affiliates, and all related entities (collectively, the “Released Parties”).

Important Notice Regarding Minor Participants

I understand and acknowledge that under Washington law a parent or guardian may not waive or release a minor child’s own claims for personal injury in advance of an injury occurring. Nothing in this Agreement is intended to violate that rule.

This Agreement is intended to be enforceable to the maximum extent permitted by Washington law, including releasing any and all claims belonging to me personally as parent/guardian, requiring indemnification and payment of attorneys’ fees and costs, and requiring binding arbitration of all disputes.

By signing below or by entering the premises (or allowing any minor under my care to enter or participate), I acknowledge that I have read this entire Agreement, I understand it, I have had the opportunity to ask questions and/or consult an attorney, and I voluntarily agree to be bound by all of its terms.

Premises Inspection and Acceptance

Immediately upon entering the premises or participating in any activity, I represent that I (on behalf of myself and my minor child(ren)) have inspected the premises, equipment, and activities to the extent I deem reasonable and accept them as safe and suitable for use.

Health and Ability to Participate

I represent that I and my minor child(ren) are in good health, physically and emotionally fit, and able to safely participate.

Neither I nor my minor child(ren) are under the influence of alcohol, drugs, or medication that could impair judgment or physical ability, and no medical professional has advised against participation.

I agree that we will only participate in activities within our skill and ability level.

Assumption of Risk

I acknowledge that indoor playground activities involve known and unanticipated risks, including but not limited to slips, falls, collisions, equipment failure, negligence of other participants or staff, communicable diseases, unsafe conduct, and catastrophic injuries such as paralysis or death.

These risks include those that are unknown, hidden, latent, or not reasonably foreseeable.

I VOLUNTARILY AND FREELY ASSUME ALL SUCH RISKS, KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES OR OTHERS. 

Release of Liability

To the fullest extent permitted by Washington law, I hereby release, waive, discharge, and covenant not to sue the Released Parties from any and all claims I personally (as parent/guardian), my heirs, assigns, or estate may have arising out of participation in Cashmere’s Rumble Jungleland activities.

This includes derivative claims such as emotional distress, loss of companionship, or loss of household services, excepting only claims based on gross negligence, reckless misconduct, or intentional acts of the Released Parties.

Indemnification and Defense Obligation

I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, lawsuits, judgments, losses, costs, expenses, and reasonable attorneys’ fees brought by or on behalf of my minor child(ren) or anyone claiming through us.

Attorneys’ Fees and Costs

In any dispute arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees, expert fees, arbitrator fees, and costs.

Release of Equipment Manufacturers and Suppliers

I acknowledge that Cashmere’s Rumble Jungleland does not manufacture its equipment and I release all manufacturers, designers, installers, suppliers, and related parties from any liability.

Injury Reporting

I agree to promptly report any injury or incident to a Cashmere’s Rumble Jungleland staff member as soon as possible.

Responsibility for Conduct and Damages

I accept full responsibility for my conduct and the conduct of my minor child(ren) and agree to pay for any damage or injury we cause.

Property Loss Disclaimer

Cashmere’s Rumble Jungleland is not responsible for lost, stolen, or damaged personal property.

Photo, Video, and Likeness Release

I grant Cashmere’s Rumble Jungleland the irrevocable, perpetual, worldwide right to photograph, film, record, and use my and my minor child(ren)’s name, voice, image, and likeness.

Communicable Disease Waiver

I acknowledge the risk of exposure to communicable diseases and voluntarily assume all such risks.

Binding Arbitration Agreement

Any dispute or claim shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA) in Chelan County, Washington.

No Refunds / No Guarantees

Cashmere’s Rumble Jungleland does not guarantee any specific outcome or experience and does not offer refunds.

Entire Agreement

This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements.

Electronic Execution

This Agreement may be executed electronically and has the same force and effect as a handwritten signature.

Acknowledgment of Understanding

I HAVE CAREFULLY READ THIS ENTIRE AGREEMENT. I UNDERSTAND I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO A JURY TRIAL AND THE RIGHT TO SUE IN COURT. I SIGN VOLUNTARILY AND WITHOUT DURESS.