ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, INDEMNITY AGREEMENT (“WAIVER”)
In consideration of being permitted to enter and use the facilities, play area, programs, services and equipment at The Brick Lab LLC located at 5110 West Ridge Rd, Spencerport NY 14559 (“Premises”), the undersigned representative, on behalf of himself or herself and the participants identified below (the “Participants” and each a “Participant”) acknowledges and agrees to the following:
1. I represent that I am the parent or legal guardian of the Participants named below or I have obtained permission from the parent or legal guardian of the Participants named below to execute this agreement on their behalf. I agree that the Participants named, and I shall comply with all stated and customary terms, rules, and instructions of The Brick Lab LLC as a condition of the entry and use of the facilities, play area, programs and services at the Premises.
2. I acknowledge and understand that there are known and unknown risks associated with the entry and use of the facilities, play area, programs and services at the Premises. I, for myself and the Participants named herein, knowingly and willingly assume any and all known and unknown risks associated with the entry and use of the facilities, play area, programs and services at the Premises which may or may not be expressly stated herein.
3. Use of the the brick lab facility, programs, services and equipment is at the undersigned and each participant’s sole risk. the premises are provided on an “as is” and “as available” basis. the undersigned represents that it has inspected The Brick Lab’s play area, facilities, programs and services and finds and accepts them as being safe and reasonably suited for itself and the participants. The Brick Lab expressly disclaims all warranties of any kind, whether express or implied. the undersigned on his or her behalf and on behalf of the participants assumes full responsibility for and risk of bodily injury, death or property damage while in, about or on the The Brick Labs’ premises or using The Brick Labs’ play area, facilities, services or equipment. the undersigned, on his or her behalf and on behalf of the participants, hereby waive and release any and all losses, liabilities, damages or claims against The Brick Lab, its members, managers, employees, and agents (the “released parties” and each a “released party”) on account of any injury to person or property or death of the undersigned and/or the participants, whether caused by negligence or gross negligence of the released parties while the undersigned and/or participants are about or on The Brick Lab’s premises or using the The Brick Lab’s play area or facilities. This release and waiver is intended to be as broad and inclusive as permitted by the laws of the state of new york and that if any portion thereof is held invalid, it is agreed that any remaining portions shall remain in full force and effect.
4. The undersigned agrees to indemnify and hold harmless each of the released parties from any and all loss, liability, or damage incurred as a result of his or her and/or a participant’s injury to person or property or death in, about or on the brick labs’ premises or use of the brick labs’ play area, facilities, services or equipment whether caused by the negligence or gross negligence of a released party.
5. The undersigned has read and knowingly and voluntarily signs this assumption of risk, release and waiver of liability, indemnity agreement and acknowledges, understands and agrees to such terms.