IN CONSIDERATION OF the risk of injury that exists while participating in BUBBLE PLANET EXPERIENCE, including all related activities, exhibits, installations, immersive environments, room displays, props, effects and exit areas, and related services (hereinafter the "Experience"); and

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

I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (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 (“Release”) and hereby waive, release, and discharge, to the fullest extent permitted by Quebec  law, any and all rights, claims or causes of action of any kind arising out of my participation in the Experience including claims arising from allegations of ordinary negligence of the Releasees defined below; and

I HEREBY release and forever discharge Bubble Planet: An Immersive Experience, located at, 800 de la Gauchetière Street West, Montreal, Quebec, and respectively, its parent, subsidiaries, joint venture partner entities, their related and affiliated entities, owners, operators, directors, managers, members, officers, agents, attorneys, staff and employees, volunteers, heirs, representatives, predecessors, service providers, vendors, contractors, landlords successors and assigns (collectively "Releasees"), from any physical, psychological, emotional, economic, property injury, loss, damage, or expense that I may suffer as a direct or indirect result of my participation in the aforementioned Experience.

I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED EXPERIENCE AND I AM PARTICIPATING IN THE EXPERIENCE ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS EXPERIENCE, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: TRIPS, FALLS, COLLISIONS WITH OBJECTS OR OTHER PARTICIPANTS, UNEVEN OR WET SURFACES, LOW LIGHTING, CROWDS, ENCLOSED OR IMMERSIVE ROOMS, SENSORY EFFECTS, BUBBLES, FOAM, LIQUIDS, MISTS, SOUNDS, LIGHTING EFFECTS, STAIRS, RAMPS, PLATFORMS, PROPS, PHOTO AREAS, INTERACTIONS WITH OTHER GUESTS, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, PROPERTY LOSS, PROPERTY DAMAGE, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN ACTIONS OR OMISSIONS, THE ACTIONS OR OMISSIONS OF OTHERS, THE ORDINARY NEGLIGENCE OF THE RELEASEES, CONDITIONS RELATED TO TRAVEL TO AND FROM THE EXPERIENCE, OR FROM CONDITIONS AT THE EXPERIENCE LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS EXPERIENCE.

In the event any damage to equipment or facilities occurs as a result of my, my family’s, or my agent's 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.

I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits demand, losses, liabilities, damages, compensation, cost, and expenses, including reasonable attorney’s fees and related costs, brought by me or anyone on my behalf arising out of or relating to my own negligence or misconduct in the participation in the Experience, to the fullest extent permitted by Quebec  law.

I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees. In the event that I should require medical care or treatment, I authorize all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel. 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 AGREE that this Release shall be governed for all purposes by the laws of the State of Quebec, without regard to any conflict of legal principles. This Release supersedes any and all previous oral or written promises, representations, or other agreements relating to the subject matter of this Release.

THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE EXPERIENCE, INCLUDING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION, UNLESS SUPERSEDED BY A LATER WRITTEN AGREEMENT SIGNED BY ME. MY PURCHASE OF A TICKET AND/OR THE PURCHASE OF A TICKET BY ANOTHER ON MY BEHALF TOGETHER WITH MY SIGNATURE CONFIRMS MY AGREEMENT TO ALL TERMS CONTAINED HEREIN..

THIS AGREEMENT was entered into both voluntarily and without force and is to be interpreted as an agreement between two parties of equal bargaining strength. Both Participant and Bubble Planet: Immersive Experience agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.

In the event that any provision contained within this Release shall be deemed to be severable, invalid, unlawful or if any term, condition, phrase or portion of this agreement shall be determined to be otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. If an arbitrator or court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.

ARBITRATION CLAUSE.  I AGREE that, to the fullest extent permitted by Quebec law, any dispute, claim, or controversy arising out of or relating to this Release, the activities or services covered hereby, any alleged injury or damage, or the validity, enforcement, interpretation, or scope of this waiver or this arbitration clause (collectively, “Claims”) shall be resolved by final and binding arbitration. This arbitration clause and any arbitration conducted under it shall be governed by the Quebec’s Code of Civil Procedure, CQLR c C-25.01, Book VII. This arbitration shall be conducted in the city or territory in Quebec in which the Experience is located, unless the parties agree otherwise in writing. The arbitrator shall have authority to award any remedy that would be available in a court of competent jurisdiction in Quebec, subject to the terms of this Agreement and applicable law. Nothing in this paragraph shall prevent either party from bringing an individual claim in small claims court in Quebec, if permitted by applicable law.

I FURTHER AGREE that Quebec law solely applies in the event of a dispute or claim related to my participation in the Experience that may not lawfully be required to be arbitrated, and, that any and all disputes, claims or controversies shall be brought exclusively in the courts of competent jurisdiction in the judicial district of Montreal, Quebec, and I consent to jurisdiction, venue and forum in connection with the same, and waive any objection to venue or inconvenient forum, including with respect to any claim that may be brought in small claims court in Quebec or any claim that may not lawfully be required to be arbitrated.

I, THE UNDERSIGNED PARTICIPANT, AFFIRM THAT I AM OF THE AGE OF 18 YEARS OR OLDER, AND THAT I AM FREELY VOLUNTARILY SIGNING THIS AGREEMENT. I HEREBY ACKNOWLEDGE AND CERTIFY THAT I HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I FULLY UNDERSTAND ITS CONTENT AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY.

 

 

PARENT / GUARDIAN WAIVER FOR MINORS

In the event that the participant is under the age of consent (18 years of age), then this Release must be signed by a parent or guardian, as follows:

I HEREBY CERTIFY that I am the parent or guardian of the minor/s named below, and that I have read and understand this Waiver and Release of Liability. I hereby give my consent without reservation for this individual to participate in the Experience, in accordance with each and every term set forth herein.

I FURTHER ACKNOWLEDGE that I have read and understand this Waiver and Release of Liability, that I understand the risks associated with the minor's participation in the Experience, and that I voluntarily consent to the minor's participation in the Experience. I acknowledge and agree, on my own behalf, to release and discharge the Releasees from any and all claims that I may have arising out of or relating to the minor's participation in the Experience, including any claims for my own emotional distress, loss of consortium, medical expenses, or other derivative or independent claims, to the fullest extent permitted by Quebec law. 

Nothing in this Parent / Guardian Waiver for Minors shall release, waive, limit, or preclude any claim that cannot be released, waived, limited, or precluded under applicable law.