Please read this entire waiver carefully, and check each box as you read and agree to each section of this agreement, as this is a legal binding document.
I, for myself, my child/children sign this Waiver in consideration of the opportunity to use the facility, or to participate in any parties or activities at/by The Creative Playzone Indoor Playground. I, for myself, my child/children acknowledge and understand that there are dangers and risks associated with the activities at/by The Creative Playzone Indoor Playground and agree to assume all risk of personal injury, including the potential for paralysis and death. I, for myself, my child/children agree to follow the safety instructions provided and acknowledge that failure to do so may result in expulsion from The Creative Playzone Indoor Playground. I, for myself, my child/children, and on behalf of my or their heirs, assigns, personal representatives and next of kin, hereby hold The Creative Playzone Indoor Playground, its owners, members, officers, employees, equipment manufacturers and sponsoring agencies from all liability for any such personal injury, disability, death or loss or damage to person or property to the fullest extent of the law. I hereby expressly authorise The Creative Playzone Indoor Playground to use this Waiver as a multi use waiver for both daily admissions and/or Birthday Parties. Please note that The Creative Playzone is not a licensed Day Care. This means that parents/guardians over the age of 18 are obligated to remain in the facility to supervise their child(ren). If parents/guardians above the age of 18 fail to remain in the facility to supervise their child(ren) The Creative Playzone has the right to contact Law enforcement. Should The Creative Playzone or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
By signing this waiver, I am giving up my rights and the rights of my spouse and children and wards to sue The Creative Playzone for any injury, including paralysis or death, caused in whole or in part by the negligence or fault of The Creative Playzone.
I further grant The Creative Playzone the right, without reservation or limitation, to videotape, and or record me and/or my child(ren) and/or my wards on closed circuit television without compensation to me or my child(ren).
As consideration for being allowed to enter the indoor play area and/or Participate in any party, activity and/or program at The Creative Playzone, 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 The Creative Playzone activities and the use of the play area and any and all The Creative Playzone equipment, which include but are not limited to: contusions, fractures, scrapes, cuts, bumps, paralysis, contraction of illness or disease, 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 event, parties or activities at The Creative Playzone.
- 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(s), members, their predecessors, parent, subsidiaries and affiliates, officers, equipment manufacturers, employees and sponsoring agencies from all liability for any such injury, disability, death or loss or damage to person or property to the fullest extent of the law.
- I additionally agree to indemnify the independent owner(s), members, their predecessors, parent, subsidiaries and affiliates, officers, equipment manufacturers, employees and sponsoring agencies for any defence cost or expense arising from any and all claims, injuries, liabilities or damages arising from participation in any play event, parties or activities at The Creative Playzone.
- 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 The Creative Playzone to use any film, video, or likeness of participants for the purpose of marketing and promotional use, without payment to the participant.
- We are committed to keeping your email address confidential. We do not sell, rent, or lease our subscription lists to third parties, and we will not provide your personal information to any third party individual, government agency, or company at any time unless compelled to do so by law. We will use your email address solely to provide timely information and promotions about The Creative Playzone.
- 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.
- Any controversy, dispute, or claim arising out of or related to this Agreement, which the parties are unable to resolve by mutual agreement, shall be settled exclusively by submission by either party of the controversy, claim or dispute to binding arbitration; said arbitration to take place exclusively before a single arbitrator located within 25 miles of the Event location.
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Multi-Use Waiver. I agree and acknowledge that by signing this Waiver during my initial visit, Creative Playzone is authorized to store it in their database. This Waiver will serve as a continuous, multi-use waiver, allowing my Child/Children ongoing access to the Facility.
By signing this waiver, I further acknowledge and accept the terms and conditions of this waiver, release, hold harmless and indemnification agreement as detailed in 1 through 12 above for any and all future visits during the next twelve (12) month period. Please keep this waiver, release, hold harmless and indemnification agreement on file and active, for the participants and parent/guardian listed above, for a period of twelve (12) months from the date of acceptance.