fat boys blob® liability waiver & Legal disclaimer 

 
 

By using or purchasing this product, the Fat Boys Blob®, you, the undersigned, automatically agree that you have thoroughly read this legal disclaimer and agree to it.

  1. In consideration for using or buying the Fat Boys Blob, you hereby RELEASE, WAIVE, DISCHARGE, and agree NOT TO SUE Fat Boys or any of its employees, agents, instructors, or owner(s), including Brigham Dallas (collectively hereinafter referred to as the RELEASEES) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, physical injury, or even death, that may be sustained to myself, REGARDLESS OF WHETHER SUCH LOSS IS CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise and regardless of whether such liability arises in tort, contract, strict liability, or otherwise, to the fullest extent allowed by Arizona law.
  2. Although the Fat Boy Blob is intended for exercise and entertainment purposes only, there is no guarantee that it will necessarily do so at your desired results. Any information in regards to the Fat Boys Blob is for instructive purposes only; it is not to be considered a replacement for medical advice, nor is it intended to replace consultation with a qualified medical professional.  Always consult your physiotherapist or a qualified medical physician before performing any physical activity regarding the use of this product or with any questions you may have.  Do not disregard professional medical advice.  Not all exercises or activities with the use of this product are suitable for everyone.
  3. By using or purchasing the Fat Boys Blob, you understand that there may be some inherent risks involved in using the product, including, but not limited to
    1.  Injury when jumping onto the Fat Boys Blob
    2. Getting launched into something dangerous.  This may include, without limitation, a boat, shallow water, debris, getting launched backwards, or back onto the blob;
    3. Not wearing proper safety gear, such as US Coast Guard approved life jackets and PFDs and helmets for all participants;
    4. Jumping onto the blob and landing on other participants;
    5. That the above may result in
      • minor strain
      • serious physical injury
      • drowning
      • or even death
  4. The undersigned therefore acknowledges that the Fat Boys Blob is an extremely dangerous toy.   The undersigned acknowledges that the Fat Boy is unpredictable in how the participant is launched, how far the participant will be launched, or how high the participant will go.  
  5. We, the makers, designers, and distributors of the Fat Boys Blob, assume no liability or responsibility for any injury, known or unknown, that may or may not incur resulting from use of the product.  We make no representations or warranties, express or implied, with respect to the information provided or any anticipated results.
  6. Accordingly, we will not be held liable under any circumstance for incidental or consequential loss, damage, or injury due directly or indirectly to the use of this product, including any malfunction from negligence or defect.  The seller of this product makes no claims as to the suitability of this.
  7. Furthermore, you further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage, or costs, including court costs and attorneys' fees, that RELEASEES may incur should any third party end up filing a claim against RELEASEES as a result of my being injured.
  8. The undersigned also recognizes that the Buyer may not be the actual User and vice versa.  The Buyer, may for example, be the owners of summer camps or have friends that actually use the Fat Boys Blob.  If the undersigned is just the Buyer and not the User, the undersigned still assumes all liability of usage of the Fat Boys Blob contained therein to any of their own individual users.  The Buyer acknowledges that they will always be liable and responsible that theFat Boys Blob is being used properly by their own individual users. It is the buyer’s responsibility to ensure the safety of all users and to govern usage ofthe Fat Boys Blob.   
  9. GENERAL PROVISIONS.
    1. Entire Disclaimer/Modification. This Disclaimer constitutes the entire Disclaimer and understanding of the parties regarding the subject matter hereof and supercedes any prior Disclaimer between the parties. This Disclaimer may be modified and amended only if signed and dated in writing by both parties.
    2. Severability. If any provision (or portion of thereof) of this Disclaimer is declared by an arbitrator, mediator, or court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall remain in full force and, as far as possible, the arbitrator, mediator, or court shall limit the scope or application of the affected clause to the least extent possible in order that it may be valid and enforceable.
    3. Governing Law.  I hereby further agree that this Waiver of Liability and Hold Harmless Disclaimer shall be construed in accordance with the laws of the County of _________ and the State of Arizona, even if the undersigned resides outside that jurisdiction, and that any mediation, suit, or other proceeding must be filed only in that jurisdiction.
    4. Remedies. Both parties agree that any controversy or claim arising out of or relating this Disclaimer, including claims arising out of or related to this Disclaimer, shall be first settled by arbitration. Both parties agree that any arbitrator needs to be mutually agreed upon.
    5. Should arbitration fail, both parties agree to have their legal issue be heard before a mediator that both parties need to mutually agree upon. Should mediation fail, both parties agree that they may then have their legal issue resolved by the courts.
    6. Legal Fees. In the event of any legal or equitable proceeding (arbitration or mediation) arising out of or in connection with the parties’ obligation under this Disclaimer, the prevailing party shall recover its reasonable attorneys’ fees and costs, including reasonable costs for experts. The prevailing party shall be the party who obtained substantially the same remedy requested, whether by judgment, appeal, settlement, or award.
By typing my name in the box below, I agree that I am SIGNING THIS DISCLAIMER, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Wavier of Liability and Hold Harmless Disclaimer, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written Disclaimer, have been made; I am at least eighteen (18) years of age and fully competent; I have the right to seek independent legal counsel, and I execute this Disclaimer for full, adequate and complete consideration fully intending to be bound by same. If any of my agents are under eighteen (18) years of age and are using the Fat Boys Blob by signing this Agreement, I act as their guardian on their behalf and agree that this Agreement applies to them as well.
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