As Consideration for being allowed to enter the play area and/or Participate in any party and/or program at Kidtopia the undersigned, on his or her behalf, and on the half of the Participant(s) identified below, acknowledges, appreciates, understands, and agrees to the following:
1. I represent that I am the parent or legal guardian of the Participant(s) named below or i have obtained permission fron the parent/legal guardian of the Participant(s) named below to execute this agreement on their behalf.
2. I acknowledge and understand that there are known and unknown risk associated with participation in Kidtopia activities and the use of the play area, inflatable equipment and any other Kidtopia Equipment, including but not limited to the general admission, after schoolers, tutoring program, parties, special events, which include but not limited to: contusions, fractures, scraps, cuts, bumps, paralysis, or death.
3. I, for myself and the Participant(s) named, willingly assume the risks associated with participation and accept that there are also risk that may arise due to OTHER PARTICIPANTS which I also willingly assume.
4. I agree that the Participant(s) named, and I shall comply with all stated and customary terms, posted safty signs, rules, and verbal instructions as conditions for participation in any programs offered, including but not limited to general admission, after schoolers, tutoring program, parties, special events at Kidtopia.
5. I, for myself, the Participant(s) named, our heirs, assigns, representatives, and the next of kin agree to hold harmless, release, waive and indemnify the independent owners of this Kidtopia facility , Kidtopia LLC, their predecessors, 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 Kidtopia.
6. I additionally agree to indemnify the independent owners of this Kidtopia facility , Kidtopia LLC, their predecessors, parent, subsidiaries and affiliates, officers, and employees for any defense cost or expense arising from any and all claims, injuries, liabilities or damages from participation, except for those arising from the gross negligence or willful misconduct of Kidtopia.
7. I am of physical ability to participate and am legally competent to understand and complete this agreement. I hereby execute this agreement without coercion.
8. I understand that entry, by myself and the Participant(s) named, constitutes consent for Kidtopia to use any film, video, or likeness of participants for any purpose whatsoever , without payment to the participant.
9.The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforcrability of any other provision of this Agreement, which shall remain in full force or effect.
10. Any controversy, dispute, or claim arising out of or related to this Agreement, which the parties are unable to resolve by mutual agreement, shall be settled exclusively by submission by either party of the controversy, claim or dispute to binding arbitration to take place exclusively before a single arbitration located within 25 miles of the event location and in accordance with the rules of the American Arbitration Association then in effect.
By signing, I further acknowledge and accept the terms and conditions of this waiver, release, hold harmless and indemnification agreement as detailed above for any and all future visits during the next twelve (12) month period. Please keep this waiver, release, hold harmless and indemnification agreement on file and active, for the participants and parent/guardian listed above for a period of twelve (12) months from the date of acceptance.
Parent / Guardian Information
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By clicking 'I Agree' below, you agree that you have read and agree with the terms of the waiver and that the information you provided is accurate. You furthermore agree that your submission of this form, via the 'I Agree' button, shall constitute the execution of this document in exactly the same manner as if you had signed, by hand, a paper version of this agreement.