570 Foam Bash LLC
Foam Party Waiver, Release of Liability, Assumption of Risk, and Indemnification Agreement
This Waiver, Release of Liability, Assumption of Risk, and Indemnification Agreement is entered into by the customer, participant, parent, guardian, property owner, event host, or authorized representative, referred to as the “Customer,” in favor of 570 Foam Bash doing business as 570 Foam Bash, including its owners, employees, contractors, representatives, agents, affiliates, successors, and assigns, referred to collectively as “570 Foam Bash.”
By accepting this agreement, booking an event, paying a deposit, accepting an invoice, submitting a website form, checking an agreement box, allowing setup to begin, entering the foam area, allowing guests to participate, or allowing minors to participate, the Customer confirms that they have read, understood, and agreed to this agreement.
This agreement is intended to protect 570 Foam Bash to the fullest extent permitted by law. The Customer understands that by accepting this agreement, they may be giving up certain legal rights.
1. Voluntary Participation and Assumption of Risk
The Customer understands and agrees that a foam party is a voluntary recreational activity that involves known and unknown risks, including slippery surfaces, wet grass, pavement, concrete, flooring, decks, steps and other surfaces, falls, slips, trips, collisions and impact with other people or objects, reduced visibility caused by foam, water exposure, foam exposure, hoses, cords, machines, blowers, speakers, generators and other equipment, electrical equipment near water, loud noise or music, uneven ground, holes, rocks, toys, glass, furniture, landscaping or other hazards, skin irritation, eye irritation, allergic reactions, breathing issues, asthma issues or other health problems, damage to clothing, shoes, phones, watches, jewelry, glasses, electronics, furniture, flooring, landscaping, vehicles, pools, drains, windows, doors, structures or other property, and weather-related risks including wind, rain, lightning, heat, cold, mud, drainage issues or unsafe ground conditions.
The Customer understands that injuries may occur, including minor injuries, serious injuries, permanent injuries, illness, or death.
The Customer voluntarily assumes all risks related to the event, whether known or unknown, expected or unexpected, including risks caused by the ordinary negligence of 570 Foam Bash, to the fullest extent permitted by law.
2. Release of Liability
To the fullest extent permitted by law, the Customer releases, waives, discharges, and agrees not to sue 570 Foam Bash LLC, 570 Foam Bash, its owners, employees, contractors, agents, representatives, affiliates, successors, and assigns for any claim, injury, damage, loss, cost, expense, or liability arising out of or related to the event.
This release includes, but is not limited to, claims involving personal injury, illness, death, slip and fall injuries, allergic reactions, skin irritation, eye irritation, breathing issues, asthma-related issues, property damage, clothing damage, staining, flooring damage, grass or landscaping damage, drainage issues, damage caused by foam, water, equipment, hoses, cords, sound equipment, guests or weather, noise complaints, police action, code enforcement action, HOA action, landlord action, venue action, school action, township action, borough action, city action, county action, state action or federal action, and canceled, delayed, shortened, relocated or modified events.
This release applies even if the claim is caused in whole or in part by the ordinary negligence, acts, or omissions of 570 Foam Bash, except where prohibited by law.
3. Indemnification and Defense
The Customer agrees to defend, indemnify, and hold harmless 570 Foam Bash from and against any and all claims, demands, lawsuits, damages, losses, fines, citations, penalties, costs, expenses, attorney’s fees, judgments, and liabilities arising out of or related to the event.
This indemnification includes claims brought by or on behalf of the Customer, the Customer’s family members, guests, invitees, participants, minors, parents or guardians, property owners, tenants, landlords, venues, schools, HOAs, neighbors, contractors, subcontractors, government agencies, or any other person or entity affected by the event.
The Customer is responsible for all claims caused by the Customer’s event location, instructions, guests, invitees, participants, property conditions, lack of supervision, lack of permission, unsafe behavior, or failure to follow this agreement.
4. Minor Participants
The Customer represents that they are at least 18 years old.
If any minors participate in or are present at the event, the Customer confirms that they are either the parent or legal guardian of the minor, or authorized by the parent, legal guardian, organization, school, venue, or property owner to allow the minor to participate.
The Customer accepts full responsibility for all minors at the event.
The Customer understands that 570 Foam Bash does not provide babysitting, lifeguarding, medical care, crowd control, security, or direct supervision of children. A responsible adult must supervise children at all times.
The Customer agrees to release, defend, indemnify, and hold harmless 570 Foam Bash from any claim involving a minor participant to the fullest extent permitted by law.
5. Customer and Host Responsibilities
The Customer is responsible for choosing, approving, and preparing the event area.
The Customer agrees to make sure the event area is safe and suitable, obtain permission from the property owner, landlord, venue, HOA, school, municipality or other authority when required, provide safe access for setup and breakdown, provide water and power access if required by the selected package, keep the area clear of glass, rocks, holes, sharp objects, toys, furniture, pets, vehicles, electronics, electrical items and other hazards, warn guests about slippery surfaces, wet conditions, foam exposure, reduced visibility and allergy risks, supervise all children and guests, stop unsafe behavior immediately, keep participants away from equipment, cords, hoses, machines, vehicles and setup areas, and protect all property that could be damaged by water, foam or foot traffic.
The Customer agrees that 570 Foam Bash may refuse, pause, relocate, modify, or stop service if 570 Foam Bash believes the event area, guests, weather, utilities, access, or conditions are unsafe or unsuitable.
6. Foam Party Safety Rules
All participants must follow the safety rules, including no running, no pushing, no wrestling, no diving, no flips, no rough play, no unsafe behavior, no ingesting foam, no intentionally inhaling foam, avoiding direct eye contact with foam, removing or securing glasses, jewelry, watches, phones, keys, sharp items and valuables, leaving the foam area immediately if feeling dizzy, irritated, short of breath, uncomfortable or unsafe, rinsing with clean water if foam gets in the eyes or causes irritation, and following all instructions from 570 Foam Bash and the event host.
570 Foam Bash may stop the event without refund if guests or participants act unsafely.
7. Health, Allergies, and Medical Conditions
The Customer understands that foam may cause irritation or reactions in some individuals.
People with allergies, asthma, breathing issues, skin conditions, sensitive skin, eye conditions, open wounds, immune conditions, or other medical concerns should consult a doctor before participating.
570 Foam Bash does not provide medical advice, medical screening, first aid, emergency care, or a determination of whether any person is medically fit to participate.
Participants should rinse or bathe with clean water after the event, remove wet clothing, and use moisturizer if needed.
8. Property Damage and Surface Protection
The Customer understands that foam and water can damage anything that regular water can damage.
The Customer is responsible for protecting floors, grass, concrete, asphalt, decks, wood, tile, natural stone, painted surfaces, sealed surfaces, indoor flooring, furniture, electronics, vehicles, pools, drains, doors, windows, landscaping, personal belongings and any other property near the foam area.
Colored foam or UV foam may stain if not washed thoroughly within 24 hours.
570 Foam Bash is not responsible for staining, discoloration, warping, slipping, drainage problems, cleanup, landscaping damage, surface damage, or personal property damage arising from the event, site selection, customer instructions, guest behavior, weather, drainage, or failure to protect property.
9. Foam Output and Event Conditions
The Customer understands that foam output and foam buildup can vary based on temperature, humidity, wind, rain, water pressure, water hardness, ground surface, drainage, slope, number of participants, participant activity, weather conditions and site conditions.
570 Foam Bash does not guarantee a specific foam height, foam amount, foam appearance, foam duration, or foam behavior.
570 Foam Bash may adjust, reduce, pause, or stop foam output if conditions become unsafe, unsuitable, or damaging to property or equipment.
10. Weather, Access, and Unsafe Conditions
570 Foam Bash may delay, pause, modify, relocate, reschedule or cancel an event because of rain, lightning, high wind, unsafe ground conditions, poor drainage, mud, extreme heat, lack of water, lack of power, unsafe electrical conditions, blocked access, incorrect address, lack of permission, unsafe guest behavior, police or government direction, permit issues or any condition 570 Foam Bash believes creates a safety, property, equipment or operational risk.
If 570 Foam Bash arrives and cannot safely or reasonably perform due to Customer-controlled issues, the event may be treated as completed or canceled without refund at 570 Foam Bash’s discretion.
11. Payments, Deposits, and Cancellations
A deposit is required to reserve the event date and time.
The Customer understands and agrees that deposits are non-refundable for Customer cancellations because the date and time were reserved and may not be available for another customer.
Full payment must be made at the start of the event unless otherwise agreed in writing.
No refunds will be issued after setup begins or after the event starts.
If 570 Foam Bash cancels because of weather or another reason determined by 570 Foam Bash, the deposit may be refunded or the event may be rescheduled by agreement.
If the Customer provides the wrong address, fails to provide access, lacks permission, fails to provide required water or power, creates unsafe conditions, or cancels on the day of the event, 570 Foam Bash may keep the deposit and may charge the remaining balance.
12. Photos, Videos, and Promotional Use
The Customer gives 570 Foam Bash permission to capture and use photos, videos, audio, and social media content from the event for marketing, advertising, website, social media, portfolio, and commercial purposes without payment or compensation.
The Customer is responsible for notifying guests and obtaining any needed permission from parents, guardians, schools, venues, organizations, or attendees.
If the Customer does not want photos or videos used, the Customer must notify 570 Foam Bash in writing before the event begins.
13. No Guarantee of Results
570 Foam Bash agrees to provide foam party services in a professional manner, but the Customer understands that results may vary.
570 Foam Bash does not guarantee exact foam height, exact foam thickness, exact foam duration, exact event appearance, weather conditions, guest behavior, site suitability, surface safety, lack of property damage, lack of staining, lack of injury, lack of allergic reaction or lack of complaints from neighbors, HOAs, venues or government authorities.
14. Authority to Accept
The Customer represents that they have full authority to accept this agreement and accept responsibility on behalf of themselves, the household, organization, business, school, venue, property owner, guests, invitees, participants, and minors, as applicable.
The Customer agrees that by accepting this agreement, they are responsible for making sure all participants and guests follow this agreement.
15. Governing Law and Severability
This agreement shall be governed by the laws of the Commonwealth of Pennsylvania.
If any part of this agreement is found to be invalid or unenforceable, the remaining parts shall remain valid and enforceable to the fullest extent permitted by law.
16. Acknowledgment
By accepting this agreement, the Customer confirms that they have read this entire agreement, understand the risks of a foam party, understand that they are giving up certain legal rights, voluntarily assume all risks, agree to release 570 Foam Bash from liability, agree to defend and indemnify 570 Foam Bash, agree to follow and enforce all safety rules, and are accepting this agreement freely and voluntarily.
Website Acceptance Language
I have read, understood, and accept the 570 Foam Bash Waiver, Release of Liability, Assumption of Risk, Indemnification Agreement, Safety Rules, Payment Terms, Cancellation Policy, Photo/Video Policy, and Property Damage Terms. I understand that foam parties involve slippery surfaces, water, foam, reduced visibility, health risks, injury risks, and property damage risks. By accepting, I agree to release, defend, indemnify, and hold harmless 570 Foam Bash LLC to the fullest extent permitted by law.
