In order to enter the play area and/or participate in any party and/or event at ZyLand, the undersigned, on his/her/their/them behalf, and on the behalf of the participant(s) identified below, acknowledges, appreciates and agrees to the following conditions: For the safety of all participants in this facility, some common restrictions are in place. For being able to participate I agree my children and I will follow ZyLand's playground rules. I understand the safety restrictions include but are not limited to the following: no running, no pushing, no shoving, never slide headfirst, no walking up the slides, no bare feet and no food or beverages outside the break area. I understand I am responsible for my child and I will never leave my child unattended while at ZyLand. Further, I will be AWARE of others, of physical limitations and of age restricted areas. I have reviewed and will follow the Rules & Policies listed on ZyLand's website, which include but are not limited to the following: -Parent/Guardian/Caregiver must be 18 years of age or older and have the authority to sign waiver and make decisions for their child(ren) while at ZyLand. -Parent/Guardian/Caregiver must stay on the premises and is responsible for supervising their child(ren) at all times. -Parent/ Guardian/Caregiver is responsible for cleaning up after themselves as well as their child(ren). -Diapers are to be changed in the designated changing areas. -If your child is experiencing a runny nose, cough, diarrhea, vomiting or fever in the last 48 hours please reschedule for another day. In consideration of participating in ZyLand's activities, and for other good and valuable consideration, I hereby agree to release and discharge from liability arising from negligence ZyLand and its owners, directors, officers employees, agents, volunteers, participants, and all other persons or entities acting for them (hereinafter collectively referred to as "Releasees"), on behalf of myself and my children, parents, heirs, assigns, personal representative and estate, and also agree as follows: 1. I acknowledge that participating in ZyLand activities involves known and unanticipated risks which could result in physical or emotional injury, paralysis or permanent disability, death, and property damage. Risks include, but are not limited to, splinters, broken bones, torn ligaments or other injuries as a result of falls or contact with other participants; medical conditions resulting from physical activity; and damaged clothing or other property. I understand such risks simply cannot be eliminated, despite the use of safety equipment without jeopardizing the essential qualities of the activity. 2. I expressly accept and assume all of the risks inherent in this activity or that might have been caused by the negligence of the Releasees. My and my children's participation in this activity is purely voluntary and I elect to participate and accept responsibility for the risks for my children. In addition, if at any time I believe that event conditions are unsafe or that I am or my children are unable to participate due to physical or medical conditions, then I will immediately discontinue participation. 3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Releasees from any and all claims, demands, or causes of action which are in any way connected with my participation in this activity, or my use of their equipment or facilities, arising from negligence. This release does not apply to claims arising from intentional conduct. Should Releasees 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. 4. I represent that I have adequate insurance to cover any injury or damage I may (or my children) 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 (or my children) have no medical or physical condition which could interfere with my safety in this activity, or else l am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition. 5. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. 6. I agree to allow ZyLand to publish any photographs or video taken of me, for use in ZyLand printed publications and website. I acknowledge that since participation in publications and websites produced by ZyLand is voluntary, I will receive no financial compensation. I further agree that participation in any publication and website produced by ZyLand confers upon me no rights of ownership whatsoever. I release ZyLand, its contractors and its employees from liability for any claims by me or any third party in connection with my participation. By signing this document, I agree that if I (or my children) are hurt or my property is damaged or stolen during my participation in this activity, then I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being released on the basis of any claim for negligence. I have had sufficient time to read this entire document and, should I choose to do so, consult with legal counsel prior to signing. Also. I understand that this activity might not be made available to me or that the cost to engage in this activity would be significantly greater if I were to choose not to sign this release and agree that the opportunity to participate at the stated cost in return for the execution of this release is a reasonable bargain. I have read and understood this document and I agree to be bound by its terms. In consideration of my son or daughter or legal ward being permitted to participate in this activity, I further agree to indemnify and hold harmless Releasees from any claims alleging negligence which are brought by or on behalf of minor or are in any way connected with such participation by minor. |