I, the undersigned on behalf of myself, and if applicable, any child over whom I am a legal guardian that I have also named below (collectively referred to as "Participant"), desire to voluntarily participate in the activities and services provided by HudsonPlay, LLC, and utilizing its facilities located at 189 Brunswick Street, Jersey City, NJ 07302 or any other location within the state of New Jersey (the “Location”), I will hold HudsonPlay, LLC, and/or their agents, owners, officers, directors, representatives, assigns, affiliates, volunteers, participants, employees, insurers, and all other persons or entities acting in any capacity on their behalf, (hereinafter collectively referred to as “HP” ) harmless. In consideration of my decision to participate, Participant represents and agrees that:
1. Participant is physically fit to participate in the strenuous physical activity associated with health and fitness training, obstacle performance training and recreational use of the ninja obstacles and playing at the facility (the "Activity") and that I may elect to immediately discontinue participation should I determine that I am no longer physically fit to participate in the Activity.
2. Participant understands that the Activity is a potentially hazardous activity involving known and unanticipated inherent risks which could include, but is not limited to, physical injury (musculoskeletal injuries, broken bones, concussions, overuse injuries, cuts and bruises), drowning, paralysis, permanent disability, death and property damage in addition to risks associated with most physical activities including fainting, shortness of breath, chest pain, strokes and heart attack. Participant expressly accepts all risks associated with participants participation in the Activity.
3. Participant voluntarily releases, discharges, and agrees to indemnify and hold harmless HP from any and all claims, demands or causes of action connected with Participants participation in this Activity, use of the equipment, obstacles and facility which may arise from the acts or omission, other than any acts greater than ordinary negligence, of HP. In the event that HP incurs attorney's fees to enforce this agreement, the Participant agrees to indemnify HP and to hold HP harmless for any such fees and associated costs.
4. Participant has adequate health insurance and/or financial resources to cover the cost of any injuries or damages which Participant may suffer due to the Participant's participation in the Activity. Further, Participant grants consent to HP to seek medical attention in the event of an injury and that Participant will be responsible, not HP, for paying for any such care.
5. Participant grants HP the right to photograph, videotape, and/or record Participant and to forever use Participant's name, face, likeness, voice and appearance in connection with exhibitions, publicity, advertising, and promotional materials without reservation or limitation and without compensation to Participant. All property rights to any photographs or video material produced or prepared by HP shall vest in and remain with HP.
6. Participant agrees that in the event of litigation, that the laws of the state of New Jersey shall apply and the action shall take place in the state of New Jersey.
7. Participant agrees that if a court finds any portion of this agreement void or unenforceable, the remaining portions shall remain in full force and effect.
8. I, on behalf of the Participants, acknowledge that HP has the right to remove Participants for violation of the HP Rules, indecent and/or obscene behavior including the use of foul language towards any employees or guest of HP.
9. This Agreement constitutes the entire agreement between the parties with respect to the subject matter herein and supersedes all prior agreements, negotiations, and discussions between the parties hereto, there being no extraneous agreements. In the event that this Agreement becomes subject to litigation between the parties hereto, the parties agree that the prevailing party shall be entitled to an award of attorney's fees, costs, and the prevailing statutory interest from the other party.
11. We are an unsupervised playground. Parents and Caretakers are responsible for the supervision of their children. • Sneakers are required for children and adults who use our play equipment and socks only in the soft play area. • We do not allow outside food, drinks or snacks, except sippy cups and baby bottles because we have a café on site. • Snacks and drinks purchased from our café, must be enjoyed at the cafe sitting area.
12. HP indemnitees, as applicable, in the event of fraud or willful misrepresentation on the part of any parent/guardian, as applicable, shall not be subject to damages/costs.
PARTICIPANT HAS CAREFULLY READ THIS PARTICIPATION AGREEMENT RELEASE, WAIVER OF LIABILITY & INDEMNIFICATION IN ITS ENTIRETY AND FULLY UNDERSTAND ITS CONTENTS. PARTICIPANT MAY CONSULT WITH LEGAL COUNSEL PRIOR TO SIGNING IF PARTICIPANT CHOOSES TO DO SO. PARTICIPANT IS AWARE THAT THIS IS A LEGAL CONTRACT BETWEEN PARTICIPANT AND HP AND THAT IT AFFECTS PARTICIPANT'S LEGAL RIGHTS. PARTICIPANT IS SIGNING THIS DOCUMENT AT PARTICIPANT'S ELECTION. PARTICIPANT AGREES TO BE BOUND BY THIS AGREEMENT. A COPY OF THIS AGREEMENT IS AUTHENTIC AND AS EFFECTIVE AS THE ORIGINAL.
February 18, 2020