ASSUMPTION OF RISK, WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT
⚠️ WARNING: BY SIGNING THIS AGREEMENT, YOU ARE WAIVING IMPORTANT LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE. PLEASE READ CAREFULLY. ⚠️
This Agreement is made by and between Playtopia USA LLC, a Texas limited liability company located at 1121 E Pleasant Run Rd, DeSoto, TX 75115, Suite B (hereinafter referred to as "Playtopia"), and the undersigned participant or parent/guardian of a minor participant (collectively, "Releasor"). In consideration of being permitted by Playtopia to participate in activities and use the facilities and equipment, now and in the future, Releasor acknowledges and agrees to the following:
1. ASSUMPTION OF INHERENT RISKS
I understand and acknowledge that participation in Playtopia’s activities, including but not limited to running, jumping, climbing, sliding, bouncing, flipping, diving, and other physical activities, involves inherent risks. These risks include, but are not limited to:
● Slipping, tripping, or falling on surfaces
● Collisions with equipment or other participants
● Equipment malfunctions or failures
● Physical contact with others leading to cuts, bruises, sprains, fractures, concussions, paralysis, or even death
● Participant negligence, including failure to follow posted safety rules
● Exposure to communicable diseases, including COVID-19
I further acknowledge that these risks exist even when Playtopia exercises due care in maintaining a safe environment and that injuries may result from negligence, including negligent supervision, maintenance, emergency response, or safety procedures. I VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH PARTICIPATION IN PLAYTOPIA ACTIVITIES, INCLUDING RISKS CAUSED BY THE NEGLIGENCE OF PLAYTOPIA OR ITS EMPLOYEES.
2. PARENT/GUARDIAN RESPONSIBILITIES
If signing on behalf of a minor child, I agree that:
● I am responsible for my child’s actions and for ensuring they follow all Playtopia rules and staff instructions.
● If my child has a disability or special needs, I am responsible for supervising them to ensure they participate only in activities within their abilities.
● I understand that Texas law does not allow me to waive my child’s right to sue, but I can waive my own claims and indemnify Playtopia for any claims brought on my child’s behalf.
3. INDEMNIFICATION
I agree to hold harmless, defend, and indemnify Playtopia USA LLC, its owners, members, employees, officers, agents, affiliates, subsidiaries, successors, and assigns (the "Released
Parties") from any claims, liabilities, or expenses arising from my or my child’s injury, loss, or death, including claims brought by third parties, to the fullest extent permitted by Texas law.
4. EXPRESS WAIVER OF LIABILITY AND COVENANT NOT TO SUE
I EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS, NOW KNOWN OR HEREAFTER KNOWN, AGAINST PLAYTOPIA OR ANY RELEASED PARTIES ARISING FROM OR RELATED TO MY OR MY CHILD’S USE OF PLAYTOPIA FACILITIES AND PARTICIPATION IN ACTIVITIES, INCLUDING BUT NOT LIMITED TO:
● NEGLIGENCE (INCLUDING ORDINARY NEGLIGENCE, NEGLIGENT SUPERVISION, NEGLIGENT RESCUE, NEGLIGENT SECURITY, AND NEGLIGENT MAINTENANCE); ● PREMISES LIABILITY (INCLUDING DANGEROUS CONDITIONS, SLIP-AND-FALL INCIDENTS, AND EQUIPMENT MALFUNCTIONS);
● ANY FAILURE TO WARN OR PROVIDE ADEQUATE SAFETY MEASURES.
I understand that this waiver does not waive my child’s personal right to sue but does waive my own rights and indemnify Playtopia from liability.
5. MEDICAL RELEASE AND RESPONSIBILITY FOR COSTS
I confirm that I and/or my child are in good health with no known medical conditions that would make participation unsafe. I authorize medical personnel to administer emergency medical care in the event of an injury and accept full financial responsibility for any associated medical costs. I waive any subrogation rights of my health insurance provider against Playtopia.
6. NO REPRESENTATIONS BY PLAYTOPIA
I understand that Playtopia makes no warranties or representations about the safety of its facilities, equipment, or staff. I am not relying on any verbal or written statements regarding safety in deciding to participate.
7. MEDIA RELEASE
I grant Playtopia and its affiliates the right to photograph and/or record myself or my child for promotional, marketing, and advertising purposes without compensation, and I waive any rights to inspect or approve such media.
8. DISPUTE RESOLUTION: MEDIATION AND ARBITRATION
If a dispute arises, I agree to first attempt mediation before filing any lawsuit. If mediation fails, I agree to binding arbitration under the rules of the American Arbitration Association (AAA) in Dallas County, Texas.
IF I FILE A LAWSUIT INSTEAD OF ARBITRATING, I AGREE TO PAY ALL ATTORNEY FEES AND COURT COSTS INCURRED BY PLAYTOPIA IN DEFENDING THE LAWSUIT.
9. SEVERABILITY
If any provision of this Agreement is found to be illegal or unenforceable, the remaining provisions shall remain in full force and effect.
10. CHOICE OF LAW
This Agreement shall be governed by Texas law, without regard to conflicts of law principles. 11. CONTINUING APPLICATION
This Agreement applies to all future visits to Playtopia facilities and remains in effect indefinitely. 12. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties, superseding all prior agreements or understandings.
ACKNOWLEDGMENT AND SIGNATURE
I HAVE READ AND FULLY UNDERSTAND THIS AGREEMENT. I ACKNOWLEDGE THAT I AM WAIVING IMPORTANT LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE. I AM SIGNING THIS AGREEMENT VOLUNTARILY AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW.