This participation agreement (this “Agreement”) governs Your and Participant’s use of the Playhouse and participation in the activities provided by Little Bee’s Playhouse. Please read this Agreement carefully as it is a legal document that includes an assumption risk, release of liability, and indemnification agreement, among other legal terms and conditions. 1. Definitions “Participant” collectively means any individual who is named as a guest at the bottom of this Agreement and any minor (under 18 years of age) who is under Your care, custody or control while at the Playhouse. “Little Bee’s Playhouse” means Little Bees Play House, LLC, a Texas limited liability company, and any of its members, managers, directors, employees, representatives, volunteers, contractors, affiliates, successors, or assigns. “Playhouse” means any Little Bee’s Playhouse location. “You” or “Your” means the individual whose signature appears at the bottom of this Agreement. 2. ASSUMPTION OF RISK You understand that there is a risk of injury and/or loss, theft, or damage of personal property, whether caused by You, Participant, Little Bee’s Playhouse or a third party, in Your and/or Participant’s use of or presence at the Playhouse and participation in any Playhouse related activities. Playhouse related activities include, but are not limited to, the use of any Playhouse toys, equipment, exhibits, or materials, and/or participation in any Playhouse events, private parties, community, school, or non-profit programs hosted by the Playhouse. The risk of injury from Playhouse related activities includes, but is not limited to, accidental or “slip and fall” injuries and injuries from Playhouse toys, equipment, exhibits, or materials. YOU, ON BEHALF OF YOURSELF AND PARTICPANT, AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY AND/OR LOSS, THEFT, OR DAMAGE OF PERSONAL PROPERTY, WHETHER CAUSED BY THE NEGLIGENCE OR GROSS NEGLIGENCE OF LITTLE BEE’S PLAYHOUSE OR OTHERWISE. You expressly acknowledge that if You are not a parent or legal guardian of the Participant, that You have discussed the terms of this Agreement with the Participant’s parent or legal guardian and have been given the authority by the Participant’s parent or legal guardian to sign this Agreement on the Participant’s behalf. 3. RELEASE OF LIABILITY You hereby expressly waive and release any and all claims by You and/or Participant, now known or hereafter known in any jurisdiction throughout the world, against Little Bee’s Playhouse, arising out of or attributable to Your and/or Participant’s participation in any Playhouse related activities, use of or presence at the Playhouse, and use of equipment and services at the Playhouse, whether arising out of the negligence or gross negligence of Little Bee’s Playhouse or otherwise. You covenant not to make or bring any such claim against any Little Bee’s Playhouse, and forever release and discharge Little Bee’s Playhouse from liability under such claims. 4. Indemnity You shall defend, indemnify, and hold harmless the Little Bee’s Playhouse against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, incurred by Little Bee’s Playhouse, arising out of or resulting from any claim of a third party related to Your and/or Participant’s negligence or willful misconduct. 5. Miscellaneous You understand that You need to monitor Your child and/or Participant as the potential exists for there to be a choking hazard or other safety concern. You hereby grant to Little Bee’s Playhouse the full permission and authority to photograph and/or film Your and/or Participant’s participation in Playhouse related activities and the unlimited right and permission to use, distribute, publish, reproduce, display, exhibit, create derivatives of, or to otherwise transmit the images taken of You and/or Participant, in any media now known or hereafter devised, for the purpose of advertising and promotion, or any other lawful purpose whatsoever, in perpetuity, throughout the world, without additional compensation, except where prohibited by law. This Agreement constitutes the sole and entire agreement between You and Little Bee’s Playhouse with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of You and Little Bee’s Playhouse and its successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Potter County, Texas and You hereby consent to the exclusive jurisdiction of such courts. BY SIGNING, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT YOU AND PARTICIPANT ARE VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE LITTLE BEE’S PLAYHOUSE. Today's Date: October 17, 2024 |