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WAIVER

Date Signed: September 22, 2019

This waiver agreement is between you (parent/guardian) AND the owners of playground (Totsville LLC, located at 7497 Baltimore Annapolis Blvd, Glen Burnie MD 21061) Kindly note that in this agreement any express mention of the owners of the playground includes their successors in title, agents, employees, staff, privies, legal representatives and parent companies even when this is not expressly stated. ‘Child’ or ‘Children’ when used in this agreement includes every child brought to the playground by the person signing this agreement more particularly described by name at the end of the agreement. The ‘playground’ for the purposes of this agreement is the playground located at 7497 Baltimore Annapolis Blvd, Glen Burnie MD 21061.

You are entering this agreement for and on behalf of yourself and every child you would have brought to the playground and for valuable consideration. No child may use the playground unless a parent or guardian or person who has the authority to sign this waiver has indeed signed this waiver. First of all, you should understand that by using the playground you agree that you would obey all the rules of the playground. If any damage, loss or harm howsoever caused occurs to you or your child because of disobedience of the rules of the playground, you hereby agree the playground owners, Totsville LLC Totsville’s partners, directors, affiliates, officers, owners, employees, agents, manufacturers and its respective heirs, successors shall not be liable for such damage.

You agree that when you are in the playground you understand that supervision is required for all children at all times. You must not leave your child unattended at the playground at any point in time for any reason. You agree that you will not use the facilities which are hereby expressly stated to be for children as an adult. You are bound by the age limit on each piece of equipment at the playground and must not put your child in any equipment which is beyond their age range. If you ignore I do not follow any of the information in this paragraph whether intentionally or recklessly you will not hold the playground owners liable for any damage, loss or harm that occurs whether to you, your child or property as a result of this.

You also make the following representations:

  1. That you are the parent or legal guardian of the children named below and that you have the permission of the parents to bring the child to the playground and sign this waiver.
  2. That you have disclosed any special circumstances that your child may have which could make it more likely that your child could be injured while using the playground and the equipment therein.
  3. That you understand that there are risks associated with using equipment in the playground which include risks of death and injury, cuts, grazes, broken bones , fractures which may or may not be serious, choking hazards, falling, getting stuck, and other incidental injuries or discomfort. Injuries may also result in disability or death if proper safety procedures are not followed and used by the children.
  4. That you understand whilst using the sandbox special risks arise including but not limited to ingesting the sand by the children, burying children within the sand box and so on and that you shall closely supervise your children whilst using the sandbox. You shall not hold the playground owners liable for any damage, loss or injury howsoever caused from the use of the sandbox by your children particularly when such damage or loss is caused due to your failure to closely monitor your child’s use of the sandbox.
  5. You agree and hereby accept the risks and dangers associated with climbing on, around and through the play equipment at the playground and the equipment therein and voluntarily and knowingly assume the risks of injury or death to yourself and/or your child and state that you wish to participate in and/or to allow your child to participate in the activities taking place at the playground with full knowledge of the dangers and risks of these activities.
  6. That you and all your heirs, assigns, representatives, and next of kin agree to hold harmless, release, waive and indemnify the independent owner of this Playground their predecessors, parent, subsidiaries and affiliates, officers, and employees from any and all injuries, liabilities or damages from participation in the playground.
  7. That you additionally agree to indemnify the independent owner of the playground, their predecessors, parent, subsidiaries and affiliates, officers, and employees for any defence cost or expense arising from any and all claims, injuries, liabilities or damages arising from participation.
  8. You also by signing this agreement give the playground owners the right to take you and your children’s pictures, make video recordings, and use your image for purposes associated with the playground and marketing the playground.

YOU HEREBY STATE THAT YOU HAVE  READ  THIS  AGREEMENT, FULLY  UNDERSTAND  ITS  TERMS, UNDERSTAND  THAT  YOU HAVE GIVEN  UP  SUBSTANTIAL  RIGHTS  BY  SIGNING  IT  AND  HAVE  SIGNED  IT  VOLUNTARILY, FREELY  AND  WITHOUT INDUCEMENT  OR  ASSURANCE  OF  ANY  NATURE  AND  INTEND  IT  TO  BE  A  COMPLETE  AND UNCONDITIONAL  RELEASE  OF  ALL  LIABILITY  TO  THE  GREATEST  EXTENT  ALLOWED  BY  LAW AND AGREE  THAT  IF  ANY  PORTION  OF  THIS  AGREEMENT  IS  HELD  TO  BE  INVALID  THE BALANCE,  NOTWITHSTANDING,  SHALL  CONTINUE  IN  FULL  FORCE  AND  EFFECT.   

SPECIAL NOTE: THIS WAIVER SHALL TAKE EFFECT FROM THE DATE STATED ON THIS AGREMEENT AND SHALL REMAIN IN FORCE FOR A PERIOD OF 6 MONTHS WITHIN WHICH ANY CHILD LISTED HEREIN VISITS OUR FACILITY. AFTER SIX MONTHS, YOU WOULD BE REQUIRED TO SIGN A NEW WAIVER FORM WITH THE OWNERS OF THE PLAYGROUND. THIS WAIVER DOES NOT COVER ANY CHILD NOT LISTED BELOW AND SUCH CHILD IS NOT ENTITLED TO ACCESS TO OUR FACILITY AND THAT YOU ARE ESTOPPED FROM DENYING THE VALIDITY OF THIS WAIVER AS YOU WAIVE ALL RIGHTS YOU MAY HAVE TO DO SO.

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*
Check to receive information, news, and discounts by e-mail.
A signed copy of this waiver will be sent to the email address you provide.
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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