IN CONSIDERATION of mine and the minor child’s (“the Minor”) participation in any way in the activities offered by YU KIDS ISLAND and/or being permitted to enter for any purpose in any areas of YU KIDS ISLAND’s premises, I agree to the following:
- I know the nature of the activities at Yu Kids Island. Further, I know my health and experience, and the Minor’s health, experience, and capabilities, and I believe that I and the Minor are qualified to participate in those Activities. I will inspect the premises, facilities, and equipment to be used, or with which I or the Minor may come in contact with. If I believe that any of the activities are unsafe, I will stop participating and I will instruct the Minor to do the same. I also assume all responsibility for supervising and monitoring the Minor while at YU KIDS ISLAND, LLC.
- I fully understand and will instruct the Minor that: a) the activities may be risky and that risks of injury may include, without limitation, scrapes, bruises, cuts, and even more serious injuries such as serious bodily injury, including permanent disability, paralysis and death (“Risks”); b) these Risks and dangers may be caused by the Minor’s own actions, or inactions, the actions or inactions of others participating in the Activities, the condition and layout of the premises and equipment, and/or the negligence or gross negligence of the “Releasees” named below; c) there may be other risks not known to me or that are not readily foreseeable at this time.
- I VOLUNTARILY AGREE TO PARTICIPATE IN AND I CONSENT TO THE MINOR’S PARTICIPATION IN THE ACTIVITIES AND I HEREBY ACCEPT AND ASSUME ALL SUCH RISKS, KNOWN AND UNKNOWN, AND ASSUME ALL RESPONSIBILITY FOR THE LOSSES, COSTS AND/OR DAMAGES FOLLOWING SUCH INJURY, DISABILITY, PARALYSIS OR DEATH, EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OR GROSS NEGLIGENCE OF THE “RELEASEES” NAMED BELOW.
- I HEREBY RELEASE, DISCHARGE AND COVENANT NOT TO SUE YU KIDS ISLAND, ITS OWNERS, MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, VOLUNTEERS, ADMINISTRATORS, SPONSORS, ADVERTISERS, AGENTS OR OTHER PERSONNEL (ALL FOR THE PURPOSE HEREIN REFERRED TO AS “RELEASEES”) FROM ALL LIABILITY TO ME, THE MINOR, MY AND THE MINOR’S PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS, AND NEXT OF KIN, FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON ACCOUNT OF ANY INJURY TO ME OR THE MINOR, INCLUDING, BUT NOT LIMITED TO, DEATH OR DAMAGE TO PROPERTY, CAUSED OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OR GROSS NEGLIGENCE OF THE “RELEASEES” OR OTHERWISE.
- If, despite this release, I, the Minor, or anyone on the Minor’s behalf, makes a claim against any of the “Releasees” named above, I agree to defend, indemnify and save and hold harmless the Releasees and each of them from any litigation expenses, attorney fees, loss, liability, damage, or cost they may incur due to the claim made against any of the “Releasees”, whether the claim is based on the negligence or gross negligence of the Releasees or otherwise.
- If the participant is of minority age, the undersigned parent/guardian hereby gives permission for YU KIDS ISLAND and Releasees to authorize emergency medical treatment as may be deemed necessary for the Minor while participating in the activities. The undersigned hereby releases, discharges, covenants not to sue and agrees to indemnify and save and hold harmless YU KIDS ISLAND and Releasees from all liability, claims, demands, lossess or damages on the Minor’s Account caused or alleged to have been caused in whole or in part by the negligent or grossly negligent medical treatment, failure to provide medical treatment, or negligent or grossly negligent rescue operations, and further agrees to indemnify, save, and hold harmless YU KIDS ISLAND and Releasees from any litigation expenses, attorney’s fees, loss liability, damages, costs incurred by YU KIDS ISLAND or Releasees as a result of any such claim.
- I HEREBY EXPRESSLY AUTHORIZE YU KIDS ISLAND TO USE THIS WAIVER AS A MULTI-USE-WAIVER UNTIL SUCH TIME AS I REVOKE IT IN WRITING WITH NOTICE TO YU KIDS ISLAND.
- I approve on behalf of myself and the Minor the use of any photographs or films taken by YU KIDS ISLAND, LLC in which I or the Minor is part of and for the use thereof by YU KIDS ISLAND in its marketing and promotional materials.
- The undersigned acknowledges his/her familiarity with and also agrees to obey all rules, regulations and directions of YU KIDS ISLAND, LLC.
- No officer, director, employee, agent, servant, or other representatives of YU KIDS ISLAND, LLC is authorized to vary the terms and provisions of this instrument or to make any oral or written representation contrary to any provision hereof or otherwise in connection with the subject matter hereof.
- It is understood and agreed that this release is intended and shall be read as to be broad and inclusive as permitted by law; that if any portion of this release is held invalid, the remaining provisions shall continue in full force and effect; and that any contradiction or ambiguity herein shall be read in favor of YU KIDS ISLAND, LLC. This release shall be in effect for any and all events or use of said facilities on premises.
- This Agreement shall be governed, constructed and interpreted in all respects by and through the Laws of the State of Illinois. Proper venue shall be in Cook County, Illinois.
- Allergy warning – our balloon made from Latex
- Yu Kids Island, LLC is not responsible for any lost or missing items.
- I SIGN THIS AGREEMENT ON MY OWN BEHALF AND ON BEHALF OF THE MINOR WHO IS UNDER MY OR SOMEONE FROM MY FAMILY CARE, CUSTODY AND CONTROL.
I HAVE READ THIS CONSENT, RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, MEDICAL CONSENT AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS AND CONDITIONS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHTS ON BEHALF OF MYSELF AND THE MINOR BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE, ABSOLUTE, AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWABLE BY LAW.
Dated: December 9, 2019