Date: October 24, 2020
To promote safety, “The Playground” inspects the property and all equipment on a regular basis.
I hereby certify that I am the adult parent, guardian, legal custodian, legal representative, physical custodian, or the person otherwise responsible for a minor child under the age of eighteen years, and I consent to his/her participation in the entertainment activities offered by “The Playground.”
In consideration for participant child being permitted to partake in the entertainment activities offered by “The Playground”, I, the undersigned, acknowledge and agree to the following:
- Assumption of Risk. I fully understand that allowing the participant child to partake in the activities offered by “The Playground” involves risk of, but not limited to, skin lacerations, concussions, broken bones, muscle injuries, other serious injuries, or in extreme circumstances, death. By signing, I understand that these injuries may not only result from participant child’s own actions, inactions or negligence, but also from the actions, inactions or negligence of others and/or the condition of the property, and as the adult responsible for the participant child, I voluntarily agree to assume this risk on behalf of the participant child.
- Responsibility to Monitor. I understand that should the participant child partake in the activities offered by “The Playground”, it is my responsibility to monitor the participant child at all times. This includes assuring that the participant child is using all equipment in the manor for which it was reasonably intended and following all posted rules. I acknowledge that I am responsible for any property or equipment damage caused by the participant child and/or myself, with the exception of normal wear and tear. I understand that during child’s participation, I am not to leave “The Playground” facility for any reason. I acknowledge that I have read all rules posted in the facility, and agree that both myself, and the participant child under my supervision, will abide by said rules.
- Use of Party Zone and Piñata Room. I fully understand that should I rent, or otherwise be granted use of, the areas of the facility designated as the “Party Zone” and/or “Piñata Room”, I am fully responsible for any applicable property and/or equipment damage, with the exception of normal wear and tear. I also understand that like all activities offered by “The Playground”, breaking” piñatas involves risk of, but not limited to, skin lacerations, concussions, broken bones, muscle injuries, other serious injuries, or in extreme circumstances, death. By signing, I understand that these injuries may not only result from participant child’s own actions, inactions or negligence, but also from the actions, inactions or negligence of others and/or the condition of the property, and as the adult responsible for the participant child, I voluntarily agree to assume this risk on behalf of the participant child. Like all other activities at “The Playground”, I acknowledge that I am responsible for monitoring the participant child at all times.
- Covenant Not to Sue. I agree that neither myself nor the participant child, individually or through a legal representative, will make any claim against “The Playground”, or any of its owners, employees, agents, attorneys, insurers and representatives, for any injury, damage, death or any other loss arising from or related to participant child’s participation in the activities offered by “The Playground.”
- Release and Indemnification. I agree that myself and the participant child, shall forever release, waive, discharge, relinquish and indemnify from any and all actions, causes of action, claims, charges, demands, losses, damages, costs, attorney's fees, judgments, liens, indebtedness and liabilities of every kind and character, whether known or unknown, including foreseen or unforeseen bodily injury and personal injuries and property damage that may be sustained by the participant child or any other person in any way connected to, related to, or arising out of the participant child’s participation in the activities offered by “The Playground”, regardless of any negligence of “The Playground.”
- Good Health. I warrant that the participant child is in good health and has no physical condition that would prevent them from, or heighten the risks associated with, participating in the activities offered by “The Playground.”
- Venue. This agreement is governed by the law of the state of Colorado. Participant and “The Playground” agree to subject themselves to the law of this state.
- Severability. If any provision of this agreement is held to be invalid or unenforceable under Colorado law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
- Risk Exposure. I acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC, the state of Colorado and many other public health authorities still recommend practicing social distancing and the use of masks.
I further acknowledge that The Playground, LLC has put in place new guidelines to reduce the spread of the Coronavirus/COVID-19.
I further acknowledge that The Playground, LLC can not guarantee that I will not become infected with the Coronavirus/Covid-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, other The Playground guests and their families and staff.
I voluntarily seek services provided by The Playground LLC and acknowledge that I am increasing my risk to exposure to the Coronavirus/COVID-19. I acknowledge that I must comply with all set procedures to reduce the spread while attending my play session.
I attest that:
* I am not experiencing any symptom of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.
* I have not traveled internationally within the last 15 days.
* I have not traveled to a highly impacted area within the United States of America in the last 15 days.
* I do not believe and have no knowledge that I have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19 in the last 15 days.
* I have not been diagnosed with Coronavirus/Covid-19 and not yet cleared as non contagious by state or local public health authorities* I am following all CDC recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19. I hereby release and agree to hold The Playground LLC harmless from, and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself, family members, friends and/or property that may be caused by any act, or failure to act of the indoor playground, or that may otherwise arise in any way in connection with any services received from The Playground LLC. I understand that I am releasing The Playground LLC from any liability or claim that I, my heirs, or any personal representatives may have against the indoor playground with respect to any bodily injury, illness, exposure of any virus or bacteria, death, medical treatment, or property damage that may arise from, or in connection to, any services received from The Playground, LLC. This liability waiver and release extends to the indoor playground together with all owners, partners, and employees.
I have carefully read this Release and Waiver of Liability and Assumption of Risk Agreement (the “Agreement”) and fully understand its contents. I am aware that I have given up substantial rights by signing the Agreement, and I am signing the Agreement voluntarily. As the adult responsible for the participant child, I have no obligation to allow said child to participate in the activities offered by “The Playground” or sign this Agreement, but I desire to do so.