FUN HOUSE PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
This Agreement sets forth the terms and conditions agreed upon as consideration for being permitted to enter, occupy, and use the facility, structures, and services offered by Fun House Management Company LLC (“Fun House”) at either the Greece Ridge Mall or Eastview Mall locations.
1. Responsibility for Minors & Supervision
You are solely responsible for the care, supervision, and safety of any minors you accompany while present in the Fun House facility. Minors must be supervised by a parent or responsible adult guardian at all times. Fun House staff does not provide babysitting or supervisory services, and the presence of staff in the play areas does not diminish your responsibility to monitor your children.
2. Inherent Risks & Assumption of Risk
You acknowledge that the activities available within Fun House are physical in nature and include comprehensive playground structures, slides, ball pits, and active play. These activities inherently present risks, including but not limited to scrapes, bumps, bruises, physical injury (up to and including serious bodily injury, bone fractures, or concussions), and damage to personal property. To the fullest extent permitted by law, you voluntarily assume all risks, both known and unknown, associated with your and your minors' participation.
3. Release and Waiver of Liability
To the fullest extent permitted under New York State law, the Participant hereby releases, waives, and forever discharges Fun House Management Company LLC, its owners, officers, employees, and agents from any claims, demands, or causes of action arising out of ordinary negligence, personal injury, or property damage sustained while on the premises. This provision does not contract away liability for gross negligence, willful misconduct, or actions explicitly prohibited from waiver under New York General Obligations Law § 5-326.
4. Parent/Guardian Indemnification Clause
The Participant agrees to indemnify, defend, and hold harmless Fun House Management Company LLC from all claims, suits, liabilities, costs, and legal fees (including attorney's fees) brought by, or on behalf of, the listed minors, or any third party, arising out of the minor’s presence or activities within the facility.
5. Photography and Media Release
You consent to Fun House recording photography and/or videography of you and your accompanied minors while present in the facility. You assign to Fun House all rights, title, and interest in such recordings, including publicity and copyright. You authorize Fun House to use these images or videos for promotional, marketing, website, and social media purposes without compensation. (If you wish to opt-out, please notify the front desk agent before signing).
6. Adherence to Rules & Ejection
You and your accompanied minors agree to strictly follow all posted facility rules and verbal directions provided by Fun House staff, including but not limited to: mandatory sock rules, attire guidelines, hygiene rules, and age/height limits. Fun House reserves the absolute right to eject anyone from the facility for failing to follow safety rules, without any entitlement to a refund.
7. Governing Law, Venue & Jury Trial Waiver
This Agreement shall be governed by and construed in accordance with the laws of the State of New York. Any legal action arising from this agreement must be filed exclusively in the courts of Monroe County or Ontario County, New York. The parties explicitly waive their right to a trial by jury.
