ADVENTURE NEST LLC
Participation Agreement, Assumption of Risk, Release of Liability, and Indemnification Agreement
This Agreement is entered into between the undersigned participant(s) and Adventure Nest LLC, including its owners, officers, members, managers, employees, contractors, representatives, agents, successors, and assigns (collectively referred to as “Adventure Nest / Adventure Nest LLC, its owners and staff”).
By signing below, I acknowledge and agree to the following terms:
1. Activities Defined
“Activities” shall include all recreational, educational, social, and physical activities, services, and events offered or permitted by Adventure Nest / Adventure Nest LLC, its owners, and staff, whether organized, supervised, or self-directed.
Activities specifically include, but are not limited to:
Free play on indoor playground structures, climbing walls, toys, sensory areas, and play zones;
Themed play sessions, pop-up events, arts and crafts, sensory play, and other programming;
Birthday parties, private events, and facility rentals;
Classes, demonstrations, or workshops (e.g., yoga, music, movement, or parent-child sessions);
Use of the café area, restrooms, and other common areas; and
Any and all other activities permitted within or connected to the Adventure Nest / Adventure Nest LLC facility.
Participation in Activities may occur with or without direct supervision by Adventure Nest / Adventure Nest LLC, its owners, or staff.
2. Assumption of Risk
I acknowledge that participation in the Activities involves inherent and unavoidable risks of injury and illness, including but not limited to: slips, trips, falls, collisions, exposure to other participants, use of play structures, climbing walls, slides, toys, or equipment, and other hazards associated with indoor play.
BY ENTERING AND PARTICIPATING IN ANY ACTIVITIES AT ADVENTURE NEST / ADVENTURE NEST LLC, I VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH SUCH PARTICIPATION, INCLUDING BUT NOT LIMITED TO INJURY, ILLNESS, DAMAGE, OR LOSS ARISING FROM USE OF ANY PLAY STRUCTURES, EQUIPMENT, TOYS, CLIMBING WALLS, SLIDES, OR SURFACES, WHETHER OR NOT SUPERVISED BY STAFF.
I understand that these risks may result in property damage, personal injury, or even death. I knowingly and voluntarily accept and assume full responsibility for all such risks.
3. Waiver and Release of Liability
In consideration of being permitted to participate in Activities at Adventure Nest, I, for myself, my child(ren), my heirs, executors, administrators, and assigns, voluntarily release, waive, and discharge Adventure Nest / Adventure Nest LLC, its owners, members, managers, employees, staff, agents, contractors, successors, and assigns from any and all liability, claims, demands, actions, or causes of action whatsoever, arising out of or related to any loss, damage, or injury, including death, that may be sustained by me or my child(ren), whether caused by the negligence of the Released Parties or otherwise, while participating in the Activities or while on the premises.
This release includes, but is not limited to, claims based on:
Negligence or alleged failure to take reasonable care;
Unsafe conditions or supervision;
Accidents involving play structures, toys, slides, or other equipment;
Illness or exposure to communicable diseases, including COVID-19.
4. Indemnification and Hold Harmless
I agree to indemnify, defend, and hold harmless Adventure Nest / Adventure Nest LLC, its owners, members, managers, employees, staff, agents, contractors, successors, and assigns from and against any and all claims, demands, actions, causes of action, damages, losses, liabilities, costs, or expenses (including reasonable attorney’s fees) arising out of or related to:
(a) my or my child’s participation in any Activities;
(b) any negligent, reckless, or intentional act or omission by me or my child; or
(c) any breach of this Agreement.
5. Parental Responsibility
I understand and agree that Adventure Nest / Adventure Nest LLC, its owners, and staff are not responsible for supervising my child(ren). It is solely my responsibility to monitor and supervise my child(ren) at all times while on the premises.
I acknowledge that I am financially responsible for any damage caused by myself or my child(ren) to the facility, property, or equipment.
6. Health and Safety
I certify that my child(ren) and I are in good health and physically able to safely participate in the Activities. I understand that Adventure Nest may refuse entry or remove any participant exhibiting unsafe or inappropriate behavior, or appearing ill, at its discretion.
7. Photography and Media Release
I grant Adventure Nest / Adventure Nest LLC, its owners, and staff the irrevocable right and permission to use photographs, video, or audio recordings of myself and/or my child(ren) for lawful business purposes, including marketing, promotional materials, and social media. No compensation shall be due for such use.
8. Security Cameras
I understand that security cameras are in use throughout the facility for safety and security purposes and may be reviewed in the event of any incident or claim.
9. Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
10. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles. Any dispute arising under this Agreement shall be brought exclusively in a court of competent jurisdiction located in Middlesex County, Massachusetts.
11. Acknowledgment of Understanding
I HAVE READ THIS AGREEMENT CAREFULLY AND UNDERSTAND THAT BY SIGNING IT, I AM GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE ADVENTURE NEST LLC, ITS OWNERS, AND STAFF FOR NEGLIGENCE OR OTHERWISE.
I UNDERSTAND THIS DOCUMENT IS A CONTRACT AND SIGN IT FREELY AND VOLUNTARILY.