As consideration for entering the play area and/or participating in any party and/or program at KIDS PLAY ZONE 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 KIDS PLAY ZONE activities and the use of the play area, any and all other KIDS PLAY ZONE 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 KIDS PLAY ZONE.
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 KIDS PLAY ZONE 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 KIDS PLAY ZONE.
I understand that KIDS PLAY ZONE 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 KIDS PLAY ZONE 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 KIDS PLAY ZONE.
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 Kids Play Zone, or while participating in Kids Play Zone and the use of the play area and any all Kids Play Zone, 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 KIDS PLAY ZONE 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 KIDS PLAY ZONE news. Waiver always applicable to my child(ren).
Visitor grants KIDS PLAY ZONE permission to use their likeness and the likeness of their children visiting KIDS PLAY ZONE 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 KIDS PLAY ZONE. Visitor irrevocably authorizes KIDS PLAY ZONE 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, KIDS PLAY ZONE waives any right to royalties or other compensation arising or related to the use of the photo. Visitor holds harmless, release, and forever discharge KIDS PLAY ZONE 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 KIDS PLAY ZONE, 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 KIDS PLAY ZONE and that in the event of his child’s illness or injury, Visitors have no recourse against KIDS PLAY ZONE, 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.