LIABILITY WAIVER AND HOLD HARMLESS AGREEMENT
PLEASE READ CAREFULLY:
As parent or legal guardian of the child whose name is set forth below (who is referred to herein as the “Participant”) and in consideration of the Participant being permitted to participate in the Activities (as defined below) conducted by PLAYTOPIA (“PLAYTOPIA”), the Participant and I agree as follows:
Activities - The Participant will participate in various activities offered by PLAYTOPIA (the "Activities"), including but not limited to, the following: Trampoline, Donut Slide, Play structure, Ball blasters, Arcade, Slides, Toddler area _________________________________________________________________________________________
. Assumption Of Risk - I understand that the Activities entail the risk of severe bodily injury to the Participant. Injuries that could result will vary, but may include (a) minor injuries such as scratches, bruises and sprains; (b) major injuries such as eye injury or loss of sight, joint or back injuries and concussions; and (c) catastrophic injuries, including paralysis and even death.
I acknowledge that there is a possibility of equipment failure and/or malfunction of equipment, and understand that the Participant and I my suffer from fatigue, chill, and/or dizziness, which may diminish my/our reaction time and increase the risk of accident.
Notwithstanding these risks and other hazards that may be foreseeable but not specifically identified herein, I, for myself and the Participant and our respective heirs, personal representatives and assigns, understand, acknowledge, and expressly and voluntarily assume all risks and full responsibility for any injury arising out of or related to the Activities.
Release, Discharge and Agreement Not To Sue - I, for myself and the Participant and our respective heirs, personal representatives and assigns, do hereby release, discharge and agree not to sue PLAYTOPIA and its directors, shareholders, managers, members, employees and/or other agents (collectively the “Releasees”), for any injury, property damage or death of the Participant arising, directly or indirectly, from participation in the Activities whether caused by the negligence or otherwise of the Releasees. This release, discharge and covenant not to sue shall relate to any and all claims or legal rights now existing or arising in the future, including claims and legal rights arising out of any negligence of PLAYTOPIA and/or Releaseees and any other breach of a legal duty arising out of common law, statute, contract or otherwise.
Indemnification And Hold Harmless – I agree to indemnify PLAYTOPIA and the Releasees and hold them harmless from, without limitation, any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney's fees and costs, incurred due to claims brought by any third party as a result of or arising out of the Participant's involvement in the Activities and to reimburse PLAYTOPIA and Releasees for any such costs, expenses and fees as they are incurred.
. Parent Or Legal Guardian Certification And Consent -I hereby certify that I am the parent or legal guardian of the Participant whose name appears below, and I have authority to waive rights on behalf of the minor Participant. I have read and I understand all of the provisions of this document and the risks of the Activities. I understand that the Activities could cause injury and even death. I acknowledge that I have read and understand the terms of this document and I am freely and voluntarily signing this document.
I give PLAYTOPIA permission to use any pictures taken of the Participant or myself for promotional use and release any copyrights I or the Participant may have to the images.
Oral Agreements: By entering into this Agreement, I am not relying on any oral or written representation or statements made by the Releasees, other than what is set forth in this Agreement.
8. Lost or Stolen: To release the Releasees from any injuries or damages resulting from lost and/or stolen items including personal belongings.
9. Admission: Playtopia has the right to refuse admission or me or the Participant to leave if equipment is being used improperly or in an unsafe manner or if the rules are not being followed, without providing a refund.
MEDICAL PERMISSION AUTHORIZATION: If the Participant is of minority age, the undersigned parent or guardian hereby gives permission for Playtopia to authorize emergency medical treatment as may deemed necessary for the Minor/s named below while participating in Playtopia Activities. The undersigned hereby releases, discharges, covenant not to sue and agrees to indemnify and save and hold harmless Playtopia and the Releasees from all liability, claims, demands, losses or damages on the Minors account caused or alleged to have been caused in whole or in part by the negligent medical treatment, failure to provide medical treatment, or negligent rescue operations, and further agrees to indemnify, save and hold harmless Playtopia and Releasees from any litigation expenses, attorneys fees, loss liability, damages, or costs incurred by Playtopia and/or Releasees as a result of any such claim.
Consent to receive Electronic communication or Post from PLAYTOPIA:
12. Severability - This document is intended to be as broad and inclusive as is permitted by the laws of the Province of Ontario and if any provision (or a part of any provision) contained herein is deemed to be invalid, the balance of the provisions shall continue in full legal force and effect, notwithstanding such invalidity.
Use of Your Personal information
PLAYTOPIA may use personal information held about you in the following ways:
• To develop, enhance, market, sell or otherwise provide information, products or services;
• To establish and conduct commercial relationships, including to process purchases or other transactions and to conduct or administer other transactions that you may engage in with PLAYTOPIA including at the location, on or through the Website or Application;
• To conduct or administer contests, prize draws, sweepstakes or other promotions in which you have participated;
• To contact you and to respond to any communications that you may have had with us;
• To troubleshoot problems with the Website or Application;
• To customize your experience or homepage on the Website;
• To develop and manage PLAYTOPIA's business and operations;
• To detect and protect PLAYTOPIA and other third parties against error, negligence, breach of contract, fraud, theft and other illegal activity, and to audit compliance with PLAYTOPIA’s policies and contractual obligations;
• As permitted by, and to comply with, any legal or regulatory requirements or provisions;
• To service you, to tailor our content to you and/or to offer you opportunities to purchase products or services that we believe may be of interest to you, by supplementing the information we collect about you with information from third parties; or
• For any other purpose to which you consent.
Disclosure of Your Information
PLAYTOPIA may disclose your personal information to its holding company, subsidiaries or affiliates and to third parties whom PLAYTOPIA instructs to provide services on PLAYTOPIA’s behalf, including, but not limited to, support services, website services, delivering promotional materials, contests, sweepstakes and other promotions, and answering customer questions about PLAYTOPIA’s products and services. Such holding company, subsidiaries, affiliates and third parties may be located worldwide.
PLAYTOPIA may also disclose your personal information to legal, financial, insurance, or other advisors in connection with such business transaction or management of all or part of PLAYTOPIA’s business or operations; as notified to you from time to time, including to fulfil any other purposes that are identified when the personal information is collected; or as otherwise permitted or required by law.
Retention of Your Personal information
The personal information that you provide will be retained by PLAYTOPIA in accordance with applicable laws. However, PLAYTOPIA will take reasonable steps to destroy or permanently de-identify personal information it holds if it is no longer needed for PLAYTOPIA business purposes.