Puddle Jumpers Play Center Release & Waiver

Puddle Jumpers Indoor Play Care Center LLC

Release & Waiver

 

In consideration of being allowed to enter the play area at Puddle Jumpers Indoor Play Center, to use any equipment or to participate in any event and/or class, the undersigned, on his or her behalf and on the behalf of the minor(s) listed below, enters into this release and waiver, as follows:

1.        The undersigned knowingly, voluntarily and fully assumes all risks; known and unknown, associated with the attendance at and/or participation in any and all activities, programs, parties or food and/or drink consumption or any other event at Puddle Jumpers Indoor Play Center and waives all claims for damage to personal property or injury to person arising from such participation and expressly releases and waives any and all claims for damages. The undersigned does hereby surrender and waive any rights to sue or exercise any legal right to seek damage against Puddle Jumpers Indoor Play Center or any affiliates thereof, its owners, officers, members, agents, employees, directors, trustees, affiliates, other persons or entities acting on their behalf. THIS RELEASE AND WAIVER COVERS RISKS OF DEATH, SERIOUS INJURY, AND PROPERTY LOSS ARISING FROM NEGLIGENCE OR CARELESSNESS OR GROSS NEGLIGENCE ON THE PART OF THE PERSONS OR ENTITIES BEING RELEASED AND OTHER PARTICIPANTS.

2.        The undersigned certifies that he or she is physically fit and may participate in the activities available at Puddle Jumpers Indoor Play Center and has not been advised to the contrary by a qualified medical professional. The undersigned further certifies that he/she is aware of and is solely responsible for their consumption of any food or drink while at Puddle Jumpers Indoor Play Center

3.        The undersigned on his or her behalf and on behalf of any executor, heirs, successors and assigns, hereby releases, discharges, and holds harmless any authorized entity doing business as, Puddle Jumpers Indoor Play Center including its owners, officers, members, agents, employees, directors, trustees, affiliates, other persons or entities acting on their behalf from any and all claims, damages, or liability arising from death, disability, personal injury, property damage, or theft, or any kind of action. THIS INDEMNITY COVERS RISKS OF DEATH, SERIOUS INJURY, AND PROPERTY LOSS ARISING FROM THE NEGLIGENCE OR CARELESSNESS OR GROSS NEGLIGENCE ON THE PART OF THE PERSONS OR ENTITIES BEING INDEMNIFIED.

4.        The undersigned agrees to pay for all damages to the facilities of Puddle Jumpers Indoor Play Center caused by them or their family’s negligent, reckless, or willful actions.

5.        The undersigned agrees to abide with rules and conditions of participation and/or attendance, posted at or explained by an employee at Puddle Jumpers Indoor Play Center. If the undersigned experiences any significant hazard or injury during such participation, the undersigned will promptly inform an employee of the company facility which they are currently attending.

6.        The undersigned acknowledges that this release and waiver of liability form will be used and relied upon by the Company, and that it will govern the undersigned’s actions and rights.

7.        In addition to any rules posted on premises, rules that must be followed: Shoes are not allowed on the play floor and socks must be worn at all times. Adults must supervise their children at all times. Food is not allowed on the play floor. Children and adults must show respect to other consumers, the employees, and the equipment at all times.

8.        Each participant must have a form signed, either by them or if you are under the age of 18 years, then signed by a legal guardian/parent/designated representative. If a person is not signed then the person will not be able to participate in Puddle Jumpers Indoor Play Center activities, events, classes, or use the facilities (play area). If a membership is purchased, the waiver will cover the length of the membership.

9.        I promise to indemnify Puddle Jumpers Indoor Play Center for any attorneys' fees and/or costs incurred to enforce this agreement, including all costs associated with any collection efforts. Further, should any debt and/or judgment accrue in favor of Puddle Jumpers Indoor Play Center prejudgment and post-judgment interest shall accrue thereon at a rate of 18% per annum.

10.     Any provision of this Agreement that shall be prohibited or unenforceable shall be deemed ineffective to the extent of such prohibition or unenforceability without invalidation of the remaining provisions thereof, which shall all remain in full force and effect.

11.     I represent that I am the parent or legal guardian of the child(ren) named below, or I have obtained permission from the parent/legal guardian of such child(ren) to execute this agreement on their behalf. I agree that the child(ren) named below and I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions as conditions for participation in any program and/or class at Puddle Jumpers Indoor Play Center. I am aware that there are inherent risks associated with participation in Puddle Jumpers Indoor Play Center programs, classes, and/or use of the playroom. I either have full knowledge and understanding of the nature and extent of such risks or I expressly recognize that there may be some risks unknown to me and sign this document knowing that it shall be effective with respect to such risk. I, on behalf of myself and the child(ren) names below, knowingly and freely assume all such risks, including, but not limited to, personal injury, death, and property damage, and those risks that may arise out of the negligence of other child(ren) and/or those arising out of or relating to participation in any and all of the Puddle Jumpers Indoor Play Center programs, classes, or use of the playroom.

12.     VIDEO SURVEILLANCE ACKNOWLEDGMENT

I understand that to promote the safety of employees and guests, as well as the security of its facilities, Puddle Jumpers Play Center, its licensees or assignees, may conduct video surveillance of any portion of its premises at any time, the only exception being private areas (i.e. restrooms, showers, dressing rooms etc.). Video cameras will be positioned in appropriate places within and around Puddle Jumpers Play Center buildings, equipment, and facilities and used to promote safety and security of people and property. I understand that this surveillance may occur at any time during my visit to any Puddle Jumper Play Center property and hereby give my consent to such video surveillance at any time the company may choose.

13.     PHOTOGRAPH AND MODEL RELEASE ACKNOWLEDGMENT

I understand that Puddle Jumpers Play Center, its licensees or assignees may take photographs, video, or other physical or digitally recorded media on its premises at any time, the only exception being private areas of restrooms, showers, and dressing rooms.
I hereby grant Puddle Jumpers Play Center, its licensees or assignees, either separately or together, either wholly or in part, the perpetual and irrevocable and unrestricted right to use my likeness in photographs, video, or other physical or digitally recorded media in any of its publications, including web-based publication, without payment or other consideration. I hereby assign full copyright of these photographs, video, or other physical or digitally recorded media to Puddle Jumpers Play Center, its licensees or assignees together with the right of reproduction either wholly or in part. 

I hereby grant Puddle Jumper Play Center purpose, including advertising, with any retouching or alteration without restriction. I hereby irrevocably authorize Puddle Jumper Play Center, its licensees or assignees to edit, alter, copy, exhibit, publish, or distribute these photographs, video, or other physical or digitally recorded media for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of any photographs, video, or other physical or digitally recorded media.  I understand and agree that all photographs, video, or other physical or digitally recorded media will become the property of Puddle Jumpers Play Center, its licensees or assignees and will not be returned.

I hereby hold harmless, release, and forever discharge Puddle Jumpers Play Center its licensees or assignees from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.

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; said arbitration to take place exclusively before a single arbitrator located within 25 miles of the Event location and in accordance with the rules of the American Arbitration Association then in effect.

I agree that this Waiver and Release is intended to be as broad and inclusive as permitted by the laws of the State of Florida, and that this Waiver and Release shall be governed and interpreted with the laws of the State of Florida. If any provision or provisions of the Waiver and Release shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

I have read this document before signing, and I fully understand the content, meaning and impact of this consent, waiver, indemnity and release

Signee Information

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