As consideration for entering
the play area and/or participating in any
party and/or program at HaPPi Hands LLC the
undersigned, on his or her behalf,
and on the behalf of the
Participant(s) identified below, acknowledges,
appreciates, understands, and agrees to the
following:
I represent that I am the parent or
legal guardian of the Participant(s) named below
or I have obtained permission from the
parent/legal guardian of the Participant(s) named
below to execute this Agreement on their
behalf. I acknowledge and understand that there
are known and unknown risks associated with
participation in HaPPi Hands LLC activities and
the use of the play area, any
and all other HaPPi Hands LLC equipment, including but
not limited to the Open play, which
include but are not limited to: contusions,
fractures, scrapes, cuts, bumps, paralysis, or
death. I, for myself and the Participant(s) named,
willingly assume the risks associated with
participation and accept that there are
also risks that may arise due to
OTHER PARTICIPANTS which I also
willingly assume. I agree that the Participant(s) named,
and I shall comply with all stated
and customary terms, posted safety signs,
rules, and verbal instructions as conditions for
participation in any play station and/or
any other open play event at HaPPi Hands LLC. I, for myself, the Participant(s) named,
our heirs, assigns, representatives, and next
of kin agree to hold harmless, release,
waive and indemnify the independent owner
of this HaPPi Hands LLC facility, parent,
subsidiaries and affiliates, officers, and
employees from any and all injuries,
liabilities or damages from participation, except
for those arising from the gross negligence
or willful misconduct of HaPPi Hands LLC. I understand that HaPPi Hands LLC facility,
employees and/or officers have no financial/legal
liability and/or responsibility for any services
provided by third party. I additionally agree to
indemnify the independent owner of this HaPPi
Hands LLC facility, parent, subsidiaries and affiliates,
officers, and employees for any defense
cost or expense arising from any and all
claims, injuries, liabilities or damages arising
from participation, except for those arising
from the gross negligence or willful misconduct
of HaPPi Hands LLC. I acknowledge and understand that there is an inherent risk of exposure to
COVID-19 (Coronavirus) and other diseases and illnesses in any public place
where people are present. COVID-19 is an extremely contagious disease that can
lead to severe illness and death.
According to the Centers for Disease Control
and Prevention, senior citizens and guests with underlying medical conditions
are especially vulnerable. With this in mind, I accept full responsibility for
my own health, safety, and welfare and expressly assume all risks related to
exposure to any disease or illness, including but not limited to COVID-19,
whether foreseen or unforeseen, and whether occurring while visiting HaPPi
Hands LLC, or while participating in HaPPi Hands LLC and the use of the play
area and any all HaPPi Hands LLC, at anytime. By bringing your child to the facility,
you confirm that your child is
healthy and illness free.
I am of physical ability to participate and
am legally competent to understand and
complete this Agreement. I hereby execute this
Agreement without coercion.
I understand that entry, by myself
and the participant(s) named, constitutes
consent for HaPPi Hands LLC to use any
film, photo, video, or likeness of
participants for any purpose whatsoever, without
payment to the participant.
The invalidity or unenforceability of any
provision of this Agreement shall not
affect the validity or enforceability of any other
provision of this Agreement, which shall
remain in full force and effect.
All parties to this agreement agree to
mediate, in good faith, any dispute prior
to initiating arbitration or litigation based on
the laws of the state of California. The
prevailing party in the event of
arbitration or litigation shall be entitled to
costs and reasonable attorney fees.
By providing your email address, you
acknowledge we may send you email including
discount offers, special events, and HaPPi Hands LLC news.
Waiver always applicable to my child(ren). Visitor grants HaPPi Hands LLC permission to use
their likeness and the likeness of their
children visiting HaPPi Hands LLC premises in a
photograph, video, or other digital media
(“photo”) in any and all of its
publications, including web-based publications, without
payment or other consideration. Guest understands
and agrees that all photos will become the
property of HaPPi Hands LLC. Visitor irrevocably
authorizes HaPPi Hands LLC and its affiliates and
representatives to edit, alter, copy,
exhibit, publish, or distribute these photos
for any lawful purpose including but not
limited to news, webcasts, promotional purposes,
telecasts, advertising, and social media.
In addition, the Visitor waives any right
to inspect or approve the finished product
wherein the likeness appears. Additionally, HaPPi
Hands LLC waives any right to royalties or
other compensation arising or related to the
use of the photo. Visitor holds harmless,
release, and forever discharge HaPPi Hands LLC from
all claims, demands, and causes of action
which Visitor, his/her heirs, representatives,
executors, administrators, or any other persons
acting on his/her behalf or on behalf of his/her
estate have or may have by reason of
this authorization.
By purchasing a pass for
admission to HaPPi Hands LLC, Visitors acknowledge
that they have carefully read this
agreement and understands all of its terms,
policies and procedures, releases, waivers and
indemnification of the facility. Visitors agree
to assume all risks of bringing their child
to HaPPi Hands LLC and that in the event of
his child’s illness or injury, Visitors
have no recourse against HaPPi Hands LLC, its
employees, agents and officers I HAVE READ
THIS RELEASE OF LIABILITY AND ASSUMPTION
OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS,
UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL
RIGHTS BY SIGNING IT, AND SIGN IT
FREELY AND VOLUNTARILY WITHOUT ANY
INDUCEMENT.