RELEASE & WAIVER OF LIABILITY AND INDEMNITY AGREEMENT for Noah+Eli’s Party, Livingston, NJ

(Adult Participation OR Parent/Legal Guardian of Minor(s))

IN CONSIDERATION OF the risk of injury that exists while attending at the above-referenced event including SWIMMING and/or SOAKING IN the JACUZZI/HOT TUB and/or POOL and/or USING the WATERSLIDE, gathering in the back yard, home, pool, jacuzzi, and/or any other attractions, facilities, and/or events (hereinafter the “Activity”) operated by David L. Hecht, his family, and/or agents at 10 Notch Hill Drive in Livingston, NJ 07039 (hereinafter the “Host”); and

IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same;

I HEREBY, for myself, personal representatives, executors, administrators, assigns, guests, children, heirs, and next of kin, (hereinafter collectively, “Releasor,” “I” or “me”, which terms shall also include Releasor’s parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity and/or as a result of the Releasor renting and/or otherwise staying in this home; and

I HEREBY release and forever discharge the Host their affiliates, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively “Releasees”), from any physical or psychological injury that I may suffer as a result, direct or indirect, of my participation in the Activity.

I HEREBY acknowledge that upon entering the hot tub and/or pool area (which is accessible via entering a door code to gain access), I will continuously thereafter, thoroughly inspect such area. My continued presence constitutes an acknowledgment that I have inspected this area and find and accept such areas as being safe and reasonably suited for the purposes of the Activity. I further agree and warrant that if, at any time, I feel or think anything to be unsafe, I and all guests will immediately leave the area and advise the Host.

I am voluntarily participating in the Activity and I am participating entirely at my own risk. I am aware of the associated HOT TUB, WATERSLIDE, and POOL RISKS which may include but are not limited to drowning, heat exhaustion, heat stroke, skin/ear/bladder/lung or other infections, chemical burns or irritations, physical/psychological injury, pain, suffering, illness, disfigurement, disability, economic or emotional loss, paralysis or death.  I understand that these injuries or outcomes may arise from my own or others’ negligence, including that of the Host, or from the conditions at the Activity location.  Nonetheless, I assume all related risks, both known and unknown to me, of my participation in this activity. Some of the known risks and precautions are noted below and I have read and understand these:       

Pregnant women, children under 18 years of age without adult supervision and those with heart disease and other medical conditions which may be affected by use of the hot tub and Pool ARE NOT ALLOWED IN THE HOT TUB AND POOL.

• If you are taking medication of any kind, or being treated for diabetes, low or high blood pressure, strokes, epilepsy, weakened immune system or other conditions, or are a frail elderly person, consult your physician prior to use of the hot tub and pool.

• It is advised to limit your soak in the hot tub and pool to no more than 15 minutes at a time. If you overheat and faint, you can drown.

• Shower when you get out to rinse off the hot tub and pool chemicals.     

• Keep your head, arms and upper chest out of the water to avoid overheating. Get out if you feel dizzy, overheated, nauseous, or unwell.

• Stay hydrated before getting into the hot tub and pool.                                            

• Inspect the water before entering. If the water looks murky or slimy, don’t get in. Alert the Host immediately.

• Check the temperature. Do not get in if over 104˚.

• DO NOT DRINK ALCOHOL or USE DRUGS before or during hot tub and pool use.

• Please KEEP the hot tub and pool CLEAN and CLEAR: Shower before you get in to get off most particles, oils, sunblocks sprays, cosmetics and hair and skin products. No shoes, street clothes, pets or glass containers in or around the hot tub. Do not eat, or drink, or use soap and shampoo while INSIDE the hot tub. Do not use any kind of bubble bath, bath products or bath salts in the hot tub. Do not urinate or spit into hot tub and/or pool.

• Don’t get in tub if you have open sores or wounds, or cuts, or diarrhea.

• Do not sit, lay or stand on the hot tub and pool ledge.

• Be careful when getting out so you don’t slip and fall. The floor may be slippery due water contained in the hot tub and pool so use extreme caution when walking out.

• Lock the door with the code at all times when hot tub and pool is not in use to prevent children or others from entering without authorization or adult supervision.

  I FURTHER AGREE to INDEMNIFY, DEFEND AND HOLD HARMLESS the releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs.

  I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity involving this Activity on behalf of the Releasees.  In the event that I should require medical care or treatment, it is my responsibility to contact the proper authority (911, fire, police services, ambulance, poison control, etc.). I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.

  I hereby acknowledge that I have carefully read this “waiver and release” and fully understand that it is a release of liability. I expressly agree to release and discharge the Host and their Releasees from any and all claims or causes of action and I agree to voluntarily give up or waive any right that I otherwise have to bring a legal action against the Host for personal injury or property damage. To the extent that statute or case laws does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of the Host and Releasees.

  I agree that this Release shall be governed for all purposes by New York State law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements. This waiver and release of liability shall remain in effect for the duration of my participation in the Activity, during this initial and all subsequent events of participation.

  In the event that any damage to equipment or facilities occurs as a result of my or my family’s, guests, assigns, invitees, or agents willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness.

  The Host will not be responsible for any loss of items that occur within the premises. The Host will not store or otherwise hold on to any item(s) left behind and may discard any such items. The Releasor must report any potential loss item(s) to the Host within 2 hours after departing. The Host will make reasonable efforts to search for the item(s), and if found, the Releasor will be responsible for payment of shipping the item(s) to the Releasor. However, in the event that the loss item(s) are not located, the Host will not be held liable for the loss.

  Arbitration:  All disputes arising under this agreement shall be governed by and interpreted in accordance with the laws of New York, without regard to principles of conflict of laws. The parties to this agreement will submit all disputes arising under this agreement to arbitration in New York City, New York before a single arbitrator of the American Arbitration Association (“AAA”). The arbitrator shall be selected by application of the rules of the AAA, or by mutual agreement of the parties, except that such arbitrator shall be an attorney admitted to practice law in New York. No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section. No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section. Nothing contained herein shall prevent the party from obtaining an injunction.

  In the event that any provision contained within this Release shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect.

I AGREE TO THESE TERMS. Below is my entry: