Waiver of Liability, Assumption of Risk, Indemnity and Name and Likeness Release
In consideration for being permitted to participate in any way in any and all activities and/or play structures, equipment and property in, on or around the premises of Ginger Bugs, LLC dba GINGERBUGS located at 2 W. Oak St, Lodi, CA 95240, (the “Activity”), I, for myself, my heirs, personal representatives, assigns and minors under my custody or supervision, do hereby covenant not to sue and release, waive, discharge Ginger Bugs, LLC and its officers, directors, owners, members, employees, representatives, agents, insurers and affiliates (the “Releasees”) from any and all claims including, without limitation, the negligence of the Releasees resulting in personal injury, accidents, illnesses (including death) and property loss arising from, but not limited to, participation in the Activity. While Releasees are following all Center for Disease Control (CDC), state, and local guidelines and have taken additional precautions to maintain cleanliness, promote social distancing, and limit attendance by those who may be infected, I understand that participation in an Activity where other people are present carries an increased risk of exposure to COVID-19. Because my child is participating in an Activity where there is shared play equipment and social distancing may not always be possible, Releasees cannot guarantee that my child will not be exposed to or infected with COVID-19. I also acknowledge, understand and agree that participation in the Activity carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid accident or injury. I also acknowledge, understand and agree that the specific risks range from minor injuries such as scratches bruises and sprains to major injuries such as loss of sight, joint or back injuries, heart attacks, concussions, paralysis and even death. Despite these inherent risks, I hereby assert that my participation in the Activity is voluntary and I knowingly assume all such risks.
I also agree to indemnify, defend and hold Releasees harmless from and against any and all claims, actions, suits, procedures, costs, expenses, fees, damages and liabilities, including attorneys’ fees brought as a result of my involvement in the Activity and to reimburse Releases for such expenses if incurred. I likewise acknowledge that Releases make take photographs, video or other recordings of my name, likeness, voice and/or image while participating in the Activity and hereby consent to use of my name likeness, voice and/or image for commercial purposes including, without limitation, marketing collateral, websites, videos, presentations and related purposes.
I expressly agree that the foregoing waiver, release, assumption of liability and name and likeness release are intended to be as broad and inclusive as permitted under applicable law and that if any portion hereof is invalid, it is agreed the balance shall, notwithstanding, continue in full force and effect. Likewise, I have read this document in its entirety, fully understand its terms and understand I am giving up substantial rights, including my right to sue. I acknowledge I am signing this document freely and voluntarily and that it applies to me, my heirs, assigns, personal representatives and any and all minors under my custody and/or supervision.
I have had sufficient opportunity to read through this document and understand I am solely responsible for the minor(s) in my custody and will abide by all facility rules