Today's Date: October 29, 2020
In consideration for participation and use of equipment in the activity of indoor play organized by Saplings, LLC, located at 1776 Erringer Road Suite 100 Simi Valley, CA 93065, the undersigned, on his or her behalf, and on behalf of the minor(s) identified below, acknowledges and assumes, knowingly and freely, all risk and hazards, both known and unknown, associated with participation in activity at the Company, and Agree to Release, Defend, Indemnify, Not Sue, and Hold Harmless Saplings, from any and all claims, damages (including medical expenses and attorney fees), injuries (including disabilities, paralysis and death), and expenses arising out of or resulting from my voluntary attendance/participation at the Company or the voluntary/participation of those for whom I have signed below. I waive all claims for damages to personal or injuries to person, arising from such participation. This release and waiver covers risk of death, serious and minor injury, or any injury and/or property loss or damage whether arising from a negligence or carelessness on the part of the persons or entities being released or other participants, or by dangerous or defective equipment's.
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 further represent that the participants are healthy and physically able to participate in any and all undertaken activities, and has not been advised to the contrary by a qualified medical professional.
I agree for myself and/or the minor(s) listed below that we shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions as conditions for play and participation in any event Sapling and agree to pay for all damages to the facilities and equipment or toys of Saplings caused by myself or the listed minors' negligent, reckless, or willful actions. In addition, if I observe any hazard during our participation, I will bring it to the attention of the nearest Saplings employee or official immediately.
I recognize and understand that there are certain inherent risks associated with use of the play area and special events held at Saplings, risks of injury include, without limitation, scrapes, bruises, cuts, breaks, and even more serious injuries, such as paralysis or death. Moreover, for myself and the minor(s) named below, I fully accept and agree to assume all of these risks (including risks arising from the negligence of other participants), and I assume full responsibility for personal injury to myself and the listed minor(s) and our respective heirs, assigns, administrators, personal representatives, and next of kin, waive, release and discharge Saplings, their principals, its affiliates, owners, officers, members, agents, employees, equipment manufacturers, other participants, and sponsoring agencies for injury, loss, theft, or damage arising out of or related to our participation in any and all of Saplings programs, activities, parties, and/or the use of the facilities of Saplings indoor playground.
This waiver and release shall be binding and apply to all risks, known and unknown, even if resulting from negligent actions of other guests or employees of Saplings. I acknowledge that this release and waiver of liability will be used and relies upon the Company and that it will govern the undersigned actions and rights. Each participant must have a waiver form signed, either by them or if you are under the age of 18 years, then signed by a parent/legal guardian or designated representative by parent/legal guardian. If a waiver is not signed, the person will not be able to participate in Saplings programs, parties and or use of the play areas and facility.
I, as parent, legal guardian or custodian, have carefully read the above participation agreement, assumption of risk acknowledgement, and release of liability, hereby agree to be bound by it for myself and all minor participants listed below, and understand its contents. I have permission from the minor's family or other responsible party to cover said minor(s) under this agreement; and in the event that medical attention is needed for myself, or any of the attendees listed below, I grant permission for basic first aid and assistance to be administered by a Saplings staff member. In the event that advanced first aside is required, Saplings will call 911 and I authorize medical care to be administered as required by a trained medical professional. I agree to release Saplings from all claims, damages, injuries and expense arising out of such assistance, including any claims arising from contact needed to administer assistance.
By signing below, the parent, legal guardian and or custodian acknowledgement on behalf of the below participant, have read and agreed to all the above stated on this release and waiver agreement as of this date and any future entries to Saplings and also acknowledge they have read, understand and will comply with Saplings rules and regulations, printed below on this release and waiver agreement:
Rules and Regulations:
1. All adults must wear clean socks, no shoes permitted in the play area. 2. All children must be accompanied and supervised by a responsible caregiver at all times. 3. No gum, food, or liquids are permitted on the main floor, art room, reading room, or seedling meadow. 4. No sick children or adults, please. 5. No rough play or bullying. 6. No children may be dropped off at the facility. 7. The use of Saplings is at your own risk. 8. All injuries must be reported to Saplings personnel immediately. 9. We are not responsible for lost or stolen items. 10. All art supplies must remain in the art room and not be brought out to the main floor. 11. Wash hands thoroughly after using the art room.
Standard Arbitration Clause for Domestic Commercial Contracts
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in [insert the desired place of arbitration] before [one/three] arbitrator(s). The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures [and in accordance with the Expedited Procedures in those Rules] [or pursuant to JAMS' Streamlined Arbitration Rules and Procedures]. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Clause Providing for Negotiation in Advance of Arbitration
- The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between executives who have authority to settle the controversy and who are at a higher level of management than the persons with direct responsibility for administration of this Agreement. Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within 15 days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and response shall include with reasonable particularity (a) a statement of each party's position and a summary of arguments supporting that position, and (b) the name and title of the executive who will represent that party and of any other person who will accompany the executive. Within 30 days after delivery of the notice, the executives of both parties shall meet at a mutually acceptable time and place.
- Unless otherwise agreed in writing by the negotiating parties, the above-described negotiation shall end at the close of the first meeting of executives described above ("First Meeting"). Such closure shall not preclude continuing or later negotiations, if desired.
- All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, experts and attorneys are confidential, privileged and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
- At no time prior to the First Meeting shall either side initiate an arbitration or litigation related to this Agreement except to pursue a provisional remedy that is authorized by law or by JAMS Rules or by agreement of the parties. However, this limitation is inapplicable to a party if the other party refuses to comply with the requirements of Paragraph 1 above.
- All applicable statutes of limitation and defenses based upon the passage of time shall be tolled while the procedures specified in Paragraphs 1 and 2 above are pending and for 15 calendar days thereafter. The parties will take such action, if any, required to effectuate such tolling
READ BEFORE SIGNING ****** Parent/Guardian Acknowledgment
I, THE UNDERSIGNED, HAVE READ THIS AGREEMENT FULLY, AND UNDERSTAND ALL OF ITS TERMS INCLUDING THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING IT. I HEREBY SIGN FREELY, VOLUNTARILY, AND WITHOUT INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME, AND I INTEND MY SIGNATURE TO BE A COMPLETE AND CONTINUING RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.