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    Liability Waiver

Please read the waiver below and fill out the required fields found in the following form sections. All liability language from the waiver will apply to all household members listed below.

PLAYTOPIA WAIVER

 

PLEASE READ CAREFULLY:

Express Assumption of Risk Associated with Recreational Activities

I hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with the recreational activities offered at PLAYTOPIA, including but not limited to:

1. The risk of the potential for permanent disability and death, and while certain precautions will minimize the risk, serious injury does exist.

2. Possible equipment failure and/or malfunction of equipment.

3. I knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of those persons released from liability below, and assume full responsibility from my participation;

4. I do hereby assume all responsibility for my participation and activities, as well as the utilization of equipment.

5. Fatigue, chill, and/or dizziness, which may diminish my/our reaction time and increase the risk of accident.

Release of Liability, Waiver of Claims and Indemnity Agreement

In consideration for being permitted to participate in the activity(ies) described above the related activities and being on premises for such activities:

1. I HEREBY RELEASE AND HOLD HARMLESS WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, the following named persons or entities, herein referred to as Releasees PLAYTOPIA.

2. To release the Releasees, their officers, directors, employees, representatives, agents, and volunteers, and vessels from liability and responsibility whatsoever and for any claims or causes of action that I, my estate, heirs, survivors, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the Releasees or otherwise. By executing this document, I agree to hold the Releasees harmless and indemnify there in conjunction with any injury, disability, death, or loss or damage to person or property that may occur as a result of engaging in the above activities.

3. 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.

4. To release the Releasees from any injuries or lost and/or stolen items.

5. I give Playtopia permission to use any pictures taken of my child and/or myself for promotional use.

6. Playtopia has the right to refuse admission or ask you and your child(ren) to leave if equipment is being used improperly or in an unsafe manner without providing a refund.

This release shall be binding to the fullest extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall be enforced.

For participants of Minority Age, this is the certify that I, as Parent, Guardian, Temporary Guardian with legal responsibility for this participant, do consent and agree not only on his/her behalf to release of all Releasees, but also to release and indemnify the Releasees from any and all liabilities incidental to his/her involvement in these programs for myself, my heir, assigns, and next of kin.  Furthermore, I also agree to indemnify the Releasees from any and all liabilities incidental to my guests’ involvement in these programs for myself, my heir, assigns, and next of kin. 

Parent/ Legal Guardian Consent

7. AND I, the Minors parent and/or legal guardian, Temporary Guarand with legal responsibility for this participant, understand the nature of the above referenced Activities and the Minors experience and capabilities and believe that Minor to be qualified to participate in such Activities. I hereby Release, discharge, covenant not to sue and agree to indemnify and save and hold harmless each of 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 negligence of the Releasees or otherwise, including negligent rescue operations, and further agree that if, despite this release, I, the Minor, or anyone on the Minors behalf makes a claim against any of the above Releasees, I will indemnify, save and hold harmless each of the Releasees from any litigation expenses, attorney’s fees, loss liability, damages, or costs and Releasee may incur as a result of any such claim.

GUEST

8. AND I, understand the nature of the above referenced Activities and the Guest’s experience and capabilities and believe that Guest to be qualified to participate in such Activities. I hereby Release, discharge, covenant not to sue and agree to indemnify and save and hold harmless each of the Releasees from all liability, claims, demands, losses or damages on the Guest’s account caused or alleged to have been caused in whole or in part by the negligence of the Releasees or otherwise, including negligent rescue operations, and further agree that if, despite this release, I, the Guest, or anyone on the Guest’s behalf makes a claim against any of the above Releasees, I will indemnify, save and hold harmless each of the Releasees from any litigation expenses, attorney’s fees, loss liability, damages, or costs and Releasee may incur as a result of any such claim.

 

MEDICAL PERMISSION AUTHORIZATION

9. 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 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 from any litigation expenses, attorneys fees, loss liability, damages, or costs incurred by Playtopia as a result of any such claim.

I HAVE READ THIS RELEASE OF LIABILITY ANS ASSUMPTION OF RISK AGREEMENT, AND I FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS BY SIGNING IT, AND I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

        Household Information

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