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3385 S US HIGHWAY 17/92 SUITE 269. CASSELBERRY FL 32707

WAIVER, RELEASE, EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT  

 

 

POLICIES

All children must be SUPERVISED by a responsible adult AT ALL TIMES, No child may be left unattended at any time for any reason.

We are a shoeless environment, SOCKS are required for adults and children.

All children must have a signed WAIVER on file

No sick children allowed at Knos group , L.L.C. 

 

DEFINITIONS

KNOS GROUP, L.L.C. means KNOS GROUP, L.L.C. and AMAYA PAPAYA ORLANDO and their managers, employees, principals and any other person or company associated with them.

AMAYA PAPAYA ORLANDO is a fictitious business name of Knos Group, L.L.C. and means the premises of the business operating and doing business as Amaya Papaya.    

 ACKNOWLEDGEMENT AND ASSUMPTION OF RISK 

I understand and acknowledge that there are risks and dangers inherent in and associated with the activities, equipment, facilities, and games available at Knos group L.LC.  Notwithstanding all such acknowledged risks and damages, whether or not enumerated herein, I voluntarily choose to allow the above-named minor(s) (“child(ren)”) to participate in all activities and to make use of all equipment, games, and facilities at Amaya Papaya Orlando solely at risk to the Child and myself and without risk to Knos Group, L.L.C.    

INDEMNITY AND HOLD HARMLESS AGREEMENT 

In further consideration for permission to utilize all equipment, facilities, and games available at Amaya Papaya Orlando and with the understanding that Knos group, L.L.C gives such permission in reliance upon the representations that I have made herein, I agree as follows:

    a. To hold harmless and indemnify Knos Group, L.LC. from any and all liability for the injuries and damages to any third party resulting from the Child’s actions, behavior, participation in any activity or game, or use of any equipment or facility while at Amaya Papaya Orlando. This waiver and release of liability and indemnification agreement (collectively referred to as “Acknowledgement, Waiver, and Release” or “Agreement”) shall be effective and binding upon myself, and upon the Child, and his/her heirs, next of kin, family, survivors, relatives, guardians, conservators, executors, administrators, trustees, and assigns in the event of the Participant’s injury, disability or death. If any provision of this Waiver is deemed unlawful or unenforceable, such provision shall be fully separable, and the remainder of this waiver shall be in full force and affect.

 

ACKNOWLEDGMENT AND ASSUMPTION OF RISK RELATED TO CORONAVIRUS (COVID-19) AND COMMUNICABLE DISEASES
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.

Other communicable diseases, such as common colds, seasonal flu, hand, foot and mouth disease, and many others, are also believed to spread from (1) proximity to, (2) person-to-person contact, and/or (3) contact with surfaces that have come into contact with an infected individual.

Amaya Papaya Orlando/ Knos Group LLC has put in place preventative measures to reduce the spread of COVID-19 and other communicable diseases; however, Amaya Papaya Orlando/ Knos Group LLC, cannot guarantee that you or your child(ren) will not become infected with COVID-19 or any other communicable disease or illness. Further, attendance at Amaya Papaya Orlando, could increase your risk and your child(ren)’s risk of contracting COVID-19 or any other communicable disease or illness.

RELEASE AND WAIVER OF LIABILITY

By signing this agreement, I hereby release, waive, discharge and covenant not to sue Amaya Papaya Orlando/ Knos Group LLC, its members, managers, officers, servants, agents, employees and volunteers, from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or relating to any loss, damage or injury, including death, that may be sustained by me, or to any property belonging to me, whether caused by the negligence of the Releasees, or otherwise, while participating in any activity at Amaya Papaya Orlando.

By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 or any other communicable disease or illness by attending Amaya Papaya Orlando and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 or other communicable diseases or illnesses at Amaya Papaya Orlando, may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Amaya Papaya Orlando/ Knos Group LLC employees, volunteers, and other playground guests participants and their families.

INDEMNIFICATION AND HOLD HARMLESS AGREEMENT

I voluntarily agree to indemnify and save and hold harmless the Releasees, from any loss, liability, damage or costs they may incur due to my participation in any activity, whether caused by the negligence of any or all of the Releasees, or otherwise.
It is my express intent that this agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a Release, Waiver, Discharge and Covenant Not to Sue the above named Releasees.

I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at Amaya Papaya Orlando, or participation in any of the Releasees sponsored activity. On my behalf, and on behalf of my children, or the children I am guardian of, I hereby release, covenant not to sue, discharge, and hold harmless the Releasees, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any claims based on the actions, omissions, or negligence of the Releasees, whether a COVID-19 infection (or any other communicable disease or infection) occurs before, during, or after participation in any Amaya Papaya Orlando visit or program.

GOVERNING LAW

This Waiver, Release, Express Assumption of Risk and Indemnity Agreement is governed and shall be construed in accordance with the Law of the State of Florida. The parties agree to waive a trial by jury in any action arising out of  or in any way connected with this Waiver, Release Express Assumption of Risk and Indemnity Agreement.  In any lawsuit brought to enforce this contract or brought due to a breach of this Agreement or under applicable law, the prevailing party may recover its reasonable court costs and attorney's fee.  All questions concerning the meaning execution, construction, effect, validity, and enforcement of the Lease shall be determined pursuant to the laws of Florida.

I have read, understand, and agree to be bound by all the terms, rules, and conditions for participation in activities at Amaya Papaya Orlando.  I have explained these rules to Child and will ensure Child’s strict adherence to them.

June 4, 2020

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
I certify that I am 14 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Participant's Address
Address Line 1:
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:
City:
State/Province:
Zip/Postal:
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
PHOTOGRAPHY I grant to Amaya Papaya Orlando, its representatives and employees the right to take photographs of my child, me and my property. I authorize Amaya Papaya Orlando, its assigns and transferees to copyright, use and publish the same in print and/or electronically. I agree that Amaya Papaya Orlando may use such photographs of me with or without my name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and Web content.
No
Yes
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Relationship*

Phone*
Parent or Guardian's Date of Birth*
I certify that I am 14 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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