1) Assumption of Risk
Participant acknowledges that using the indoor playground facilities carries inherent risks of injury, illness, or damage to personal property. Participant voluntarily assumes all risks, known and unknown, associated with the use of the Company’s facilities, even if arising from the negligence or fault of the Company.
2) Release of Liability
Participant, on behalf of himself/herself and his/her heirs, assigns, personal representatives, and next of kin, hereby releases, waives, and discharges the Company from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, injury, or death, that may be sustained by Participant related to the use of the Company’s facilities.
3) Policies and Regulations
Participant agrees to comply with all policies and regulations of the Company, as may be amended from time to time. Participant acknowledges that they have been given access to and have read, or have had the opportunity to read, the Company's policies. This includes, but is not limited to, a no-shoe policy within the playground area. Participant agrees to comply with all posted rules and staff instructions.
4) Birthday Parties
Birthday parties or similar gatherings are strictly prohibited during open play hours. Reservations for private events must be made in advance and during designated times. Any attempt to host a birthday party or similar gathering during open play hours may result in immediate removal from the premises without a refund.
5) Photo Release
Participant grants the Company, its representatives, and employees the right to take photographs of Participant and Participant’s property in connection with the Company’s operations. Participant authorizes the Company to use and publish these photographs in print and/or electronically, including on social media platforms. Participant agrees that the Company may use such photographs of Participant without Participant’s name for any lawful purpose, including for example, such purposes as publicity, illustration, advertising, and web content.
6) Health and Safety Concerns
General Wellness Requirement: For the health and safety of all patrons and staff, children who are visibly ill or displaying symptoms of any illness, not limited to COVID-19, are not permitted to play in the indoor playground area. This includes but is not limited to symptoms such as fever, cough, runny nose, skin rash, stomach issues, or any other signs of contagious illness. If a child is suspected of being unwell, the Company reserves the right to ask the child and their accompanying guardian to leave the premises immediately.
7) Special Events and Activities
The Company may host Birthday parties or permit special events and activities at the facility, including but not limited to holiday events, themed events, sensory activities, workshops, community events, character visits, and other special programs. Participation in any special event or activity is subject to the Company’s rules, safety requirements, age restrictions, registration requirements, and any applicable additional fees. The Company reserves the right to modify, postpone, cancel, or limit participation in any special event or activity at its discretion. Participants and their accompanying parent or guardian agree to follow all instructions provided by Company staff and acknowledge that the same risks, rules, and liability provisions contained in this Waiver apply to participation in special events and activities.
8) Miscellaneous
a. This Agreement contains the entire agreement between the parties and supersedes all prior negotiations, understandings, and agreements between the parties.
b. If any provision of this Agreement is found to be invalid, the remaining provisions shall remain in full force and effect.
c. This Agreement shall be governed by the laws of Newyork.
I, the undersigned, have read and understood this Waiver and Release Agreement, and I voluntarily sign it, intending to be legally bound.
