INSTRUCTIONS: You should only fill this waiver if you are a school or day care operator interested in bringing children to our park. This waiver also applies to persons bringing large groups of children between 5 and 100 to our park on any particular date. PLEASE NOTE THAT IT IS A PRE-CONDIITON FOR USE OF OUR PARK THAT YOU HAVE OBTAINED THE PRIOR WRITTEN CONSENT OF THE PARENTS OR LEGAL GUARDIANS OF EVERY CHILD YOU BRING TO OUR FACILITY.
This waiver agreement is between you (Name of School/Day Care Operator/ Person or company supervising the large group) 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 as shown in the list attached to this agreement. No child you/your organisation/company bring to the playground may use the playground unless a duly authorised member of your school/day care/ company who has the authority to sign this waiver on behalf of the children has indeed signed this waiver.
FIRST OF ALL, you should understand that by using the playground you agree that you or your representatives of your Company / Day Care / School /you and the children you bring to the playground would obey all the rules of the playground. If any damage, loss or harm, howsoever caused, occurs to any member of your staff, representative, agent or any child you or your organisation has brought to the playground because of disobedience of the rules of the playground, it is hereby agreed that 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 regardless of how such damage, harm or loss occurs.
- All children on the playground must be supervised by you/ your company/ your school/ your day care’s representatives at all times. All schools shall ensure that teachers adequately supervise the children on the premises in compliance with all relevant and applicable safety laws.
- It is your responsibility to ensure that the appropriate number of supervisors, taking into consideration the number of children, is provided to supervise the children brought by you/ your company/ your school/ your day care to the playground. All school and day cares must comply with relevant laws on supervision.
- Persons bringing large groups of children to the playground shall solely be liable for determining the appropriate amount of supervisors required. They shall engage appropriate supervisors who must not suffer any legal disability with regard to children, and ensure that special attention is paid to children brought to the playground in relation to their age to ensure that all safety guidelines and rules of the playground are followed. Any person bringing large groups of children hereby indemnifies the owners of the playground for any loss suffered by the owners of the playground due to breach of this provision.
- The persons supervising the children shall not be drunk, under the influence of any illegal substances, otherwise intoxicated or legally disallowed from performing such a role. The persons supervising the children shall also not be allowed to smoke, sleep or drink alcohol on/ at the playground.
- The children shall NOT be left unattended at the playground at any point in time for any reason.
- You/ your company/ your school/ your day care agree that you will not use the facilities which are hereby expressly stated to be for children as an adult. You/ your company/ your school/ your day care are bound by the age limit on each piece of equipment at the playground and must not put any child in any equipment which is beyond their age range.
- If you/ your company/ your school/ your day care ignore or 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 and shall indemnify the owners of the playground for any loss suffered as a result of same.
You/ your company/ your school/ your day care also make the following representations:
- That you/ your company/ your school/ your day care have the permission of the parent or legal guardian of the children named below to bring the children to the playground and sign this waiver.
- That you/ your company/ your school/ your day care have disclosed any special circumstances that the children mentioned in the list attached to this waiver may have which could make it more likely that they could be injured while using the playground and the equipment therein and have taken steps to mitigate such risks.
- That you/ your company/ your school/ your day care 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.
- That the risks mentioned in paragraph 3 above have been explained to the parents/legal guardians of the children you/ your company/ your school/ your day care are bringing to the playground and shall solely bear liability for same.
- That you/ your company/ your school/ your day care understand that 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/ your company/ your school/ your day care shall closely supervise your children whilst using the sandbox. You/ your company/ your school/ your day care shall not hold the playground owners liable for any damage, loss or injury howsoever caused from the use of the sandbox by any of the children in the list attached to this waiver particularly more so when such damage or loss is caused due to your failure to closely monitor your child’s use of the sandbox.
- That you/ your company/ your school/ your day care have informed the parents of the children of the risks mentioned in paragraph 5 above and shall indemnify the playground owners for any loss suffered by the playground owners due to violation of the clauses in this agreement by you/ your company/ your school/ your day care or any failure to properly inform them of the associated risks.
- You/ your company/ your school/ your day care agree and hereby accept on behalf of the children mentioned in the list attached to this waiver and their parents/legal guardians, 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 the children mentioned in the list attached to this waiver and state that you wish to participate in and/or to allow the children in the list attached to this waiver to participate in the activities taking place at the playground with full knowledge of the dangers and risks of these activities.
- That you/ your company/ your school/ your day care and all your heirs, assigns, representatives, and next of kin agree to hold harmless, release, waive and indemnify the owners of this Playground their predecessors, parent, subsidiaries and affiliates, officers, and employees for any and all injuries, liabilities or damages arising from participation in the playground.
- That you/ your company/ your school/ your day care 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.
- That you/ your company/ your school/ your day care by signing this agreement also give the playground owners the right to take you/your representatives and the children’s pictures, make video recordings, and use the images for purposes associated with the playground and marketing the playground and that appropriate permission for the above has been sought and obtained from the parents of the children.
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.
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Totsville LLC has put in place preventative measures to reduce the spread of COVID-19; however, the Playground cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending the Playground could increase your risk and your child(ren)’s risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending the Playground and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at the Club may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Playground employees, volunteers, and program participants and their families.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at the playground or participation in Playground activities. On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless Totsville LLC, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Playground, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Playground activities.
Today's Date: July 3, 2020