“Participant” means any person on whose behalf You are signing this form.
“Playtown Museum” means the location or the owner, directors, employees, representatives, volunteers, affiliates, successors or assigns.
“You or Your” means the person whose signature appears on the bottom of this form.
ASSUMPTION OF RISK: You understand that there is a natural risk of injury, whether caused by Participant or someone else, in the use of the premises or presence at the Playtown Museum location, the use of equipment and services or participation in the Playtown Museum location and related activities. These activities include but are not limited to, the use of Playtown Museum toys, equipment, exhibits, materials and/or Playtown Museum location events, private parties, community, school or non-profit programs hosted by Playtown Museum location. You understand that the risk of injury includes, but not limited to:
1. Injuries arising from the use of Playtown Museum location or equipment, including any accidental or “slip and fall” injuries; and
2. Injuries or medical disorders, including, but not limited, to heart attacks, strokes, heart stress, head injuries, sprains, cuts, bruises, broken bones and torn muscles or ligaments, resulting from Your use of or presence in Playtown Museum location or Your participation in any Playtown Museum activity;
You understand and voluntarily accept this risk on behalf of Participant.
Due to the 2019-2020 outbreak of the novel Coronavirus (COVID-19). We are taking extra precauitions with enchanced sanitation/disinfection procedures in accordance with the centers for Diasease Control guidance. Symptoms of COVID-19 include: fever, fatigue, dry cough, and difficulty breathing this Agreement. You understand these symptoms and affirm that:
You, as well as all household members, do not currently have, nor have experienced the symptoms listed above WITHIN THE PAST 14 DAYS.
You, as well as all household members, have not been diagnosed with COVID-19 WITHIN THE PAST 30 DAYS.
You, as well as all household members, have not knowingly been exposed to anyone diagnosed with COVID-19 WITHIN THE PAST 30 DAYS.
We are not liable for any exposure to the COVID-19 virus caused by your or the Participant's presence at our Playtown Museum location.
You specifically acknowledge that, if you are not a parent or legal guardian of the Participant, that you have discussed the terms of this Agreement with the participants parent or legal guardian and have been given the authority by the Participants parent or legal guardian to sign this Agreement on the Participants behalf.
You agree to specifically assume all risks of loss, theft or damage of personal property for the Participant while he or she is present at Playtown Museum, or participating in a Playtown Museum location related activity as defined above.
RELEASE OF LIABILITY: You specifically waive Your right and/or Participants right to bring or take any action against Playtown Museum and our owners, directors, employees, representatives, affliliates, sucessors as a result of any injury, loss, theft or damage to You and/or Participant, including and without limitation, personal bodily or internal injury, exposure or harm due to COVID-19, economic loss or any other type of damage resulting from the negligence of Playtown Museum or anyone else using or present at our Playtown Museum facility.
You understand that you must monitor the participant at all times as the potencial exists for there to be a choking hazard or other safety concern/.
You agree to defend, indemnify, and hold us Playtown Museum and our owners, directors, employees, representatives, volunteers, affiliates, sucessors, or assigns harmless against any claims arising out of the negligence or willful acts or omissions of You or Participant.
DAMAGES TO THE PREMISES: I understand that my child will use the premises and play with the objects available for this purpose with reasonable care. I understand that I will be responsible for the reasonable cost of replacing any items damaged by my child.
VIDEO SURVEILLANCE ACKNOWLEDGMENT: I understand that to promote the safety of employees and guests, as well as the security of its facilities, Participants, its licensees or assignees, may conduct video surveillance of any portion of its premises at any time, the only exception being private areas (i.e. restrooms, showers, dressing rooms etc.). Video cameras will be positioned in appropriate places within and around Participants, equipment, and facilities and used to promote safety and security of people and property. I understand that this surveillance may occur at any time during my visit to any Playtown Museum property and hereby give my consent to such video surveillance at any time the company may choose.
PHOTOGRAPH AND MODEL RELEASE ACKNOWLEDGMENT: I understand that Playtown Museum, its licensees or assignees may take photographs, video, or other physical or digitally recorded media on its premises at any time, the only exception being private areas of restrooms, showers, and dressing rooms.
I hereby grant Playtown Museum, its licensees or assignees, either separately or together, either wholly or in part, the perpetual and irrevocable and unrestricted right to use my likeness in photographs, video, or other physical or digitally recorded media in any of its publications, including web-based publication, without payment or other consideration. I hereby assign full copyright of these photographs, video, or other physical or digitally recorded media to Princesses and Princes, its licensees or assignees together with the right of reproduction either wholly or in part.
I hereby grant Playtown Museum, its licensees or assignees unrestricted use of these photographs, video, or other physical or digitally recorded media for whatever purpose, including advertising, with any retouching or alteration without restriction. I hereby irrevocably authorize Playtown Museum, its licensees or assignees to edit, alter, copy, exhibit, publish, or distribute these photographs, video, or other physical or digitally recorded media for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of any photographs, video, or other physical or digitally recorded media.
I understand and agree that all photographs, video, or other physical or digitally recorded media will become the property of Playtown Museum, its licensees or assignees and will not be returned.
I hereby hold harmless, release, and forever discharge Playtown Museum, its licensees or assignees from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.
FAILURE TO ENFORCE IS NOT A WAIVER: We may choose to delay or not enforce any term in this agreement (including fees) without losing our rights. Any failure or delay by us in enforcing strict performance of this agreement (including, but not limited to, accepting late or partial payments or payments marked “payment in full” or tendered with other conditions or limitations) shall not be considered a waiver of any of the terms of this agreement or any of our rights. Any waiver of rights by us must be in writing and signed by one of our authorized representatives.
GOVERNING LAW: This RULES, ACKNOWLEDGMENT, ASSUMPTION OF RISK, RELEASE, WAIVER OF LIABILITY, INDEMNIFICATION, AND HOLD HARMLESS AGREEMENT is governed by and shall be construed in accordance with the Laws of the State of Florida. If any provision of this Agreement is deemed unlawful or unenforceable, such provision(s) shall be fully separable, and the remainder of this waiver shall be in full force and effect.
In signing this Release, I acknowledge and represent that I have read the foregoing RULES, ACKNOWLEDGMENT, ASSUMPTION OF RISK, RELEASE, WAIVER OF LIABILITY, INDEMNIFICATION, AND HOLD HARMLESS AGREEMENT, fully understand it, and sign it voluntarily as my own free act and deed; that no oral representation, statements or inducements, apart from the foregoing written agreement, have been made; that I am at least eighteen (18) years of age and fully competent; I voluntarily choose to allow myself and the below named minor child(ren) to participate in all activities, equipment, and games present at the facility; that I am the legal parent, guardian or adult caregiver authorized by the legal parent or guardian for the below-named child(ren) and have the permission and authority to agree to the terms within; that I execute this Agreement for full, adequate and complete consideration fully intending to be bound by same; and that this Agreement is to be binding upon myself, my heirs, executors, administrators, and representatives in the event of my death or incapacity.
Date: February 27, 2024