In consideration of being permitted by PlayLand LLC (“Playland”) to participate in its activities and to use its equipment and facilities, I hereby agree to release, discharge indemnify, and hold harmless Playland, its agents, owners, members, shareholders, directors, employees, volunteers, manufacturers, participants, lessors, related and affiliated entities, successors, and assigns (collectively, the “RELEASED PARTIES”), on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I represent that I am the parent or legal guardian of the minor Participant(s) named or I have obtained permission from the parent/legal guardian of the Participant(s) to execute this agreement on their behalf.
2. 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 event, parties, or activities at Playland.
3. I acknowledge that my participation in Playland entails known and unknown risks that could result in physical or emotional injury or damage to myself, my property, or to third parties. Playland activities involve many risk, including, but not limited to the following: All play equipment and all things inside the facility entails certain risks that simply cannot be eliminated without jeopardizing the essential qualities of the activity. Our play equipment exposes its participants to the usual risk of cuts and bruises. Participants can fall off equipment, sprain or break wrist and ankles, and can suffer more serious injuries as well. Coming down slides can cause injuries as well. Playland seeks safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. Playland has no control or is in no way liable for any injury resulting from other minors, parents, or guardians at the facility. If myself or my minor participant(s) is injured I agree to pay for any required medical expenses.
4. I expressly understand the risks. Participation in this activity is purely voluntary, no one is forcing me to participate. I elect to participate in spite of the known and unknown risk.
5. I represent that I have adequate insurance to cover any injury or damage I may suffer or cause while participating in this activity, or else I agree to bear the costs of such injury or damage myself. I further represent that I have no medical or physical condition which could interfere with my safety in this activity, or else I am willing to assume - and bear the costs of all risks that may be created, directly or indirectly, by any such condition.
6. I hereby voluntarily fully waive, release, and forever discharge, indemnify and hold harmless RELEASED PARTIES from any and all claims, demands, causes of action, responsibilities or liabilities, for any kind of injuries, including death, or any kind of damages, which in any way arise out of or are in any way connected with my participation in any or all activity at Playland facility or my use of Playland equipment or facilities, or any act or omission of the RELEASED PARTIES including negligence by Playland representatives, managers, employees, volunteers, and all negligence in the design, construction, manufacture condition, maintenance, or repair of the equipment or facilities.
7. By signing this waiver, I am giving up my rights and the rights of my spouse and children and wards to sue Playland for any injury, including paralysis or death, caused in whole or in part by the negligence or fault of Playland. I hereby agree to indemnify, defend, and old harmless the RELEASED PARTIES from any and all liability, claims, suits, demands, causes of action, expenses of litigation, including but not limited to attorneys fees and costs which arise out of or are connected to injury to the participants at Playland or damage to the property of the persons who are participants at Playland, caused by my or my minor participant(s)’s negligence, fault, acts or omissions. I agree that I will at my own cost and expense defend and indemnify the RELEASED PARTIES against any and all such claims.
8. I acknowledge the novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization, is extremely contagious, and believed to be spread by person-to-person contact. Federal and state health agencies recommend preventative measures, such as hand-washing, face-masks, and social distancing, however due to the nature of our facilities, I understand these measures may be less effective due to close individual proximity. I acknowledge and assume the risk that my child(ren) or I may be exposed to or infected by COVID-19 by attending Playland facilities, either before, during, or after any particular use of our facilities, and that such exposure or infection may result in personal injury, illness, disability, or death.
9. I understand that entry, by myself and the participant(s) named constitutes consent for Playland to use any film, video, or likeness of participants for the purpose of marketing and promotional use, without payment to the participant. Such said purposes are but not limited to: Grand Opening, Friends and Family Night, Parties, Private Events, Group Events, and open play. I grant Playland the right, without reservation or limitation, to videotape, and or record me and/or my Participant(s) and/or wards on closed circuit television without compensation to me or my Participant(s).
