Kids Planet Waiver
ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
In consideration of being permitted by Kids Planet to participate in the activities and to use the equipment and facilities of Kids Planet, now and in the future, I,the undersigned, on behalf of myself, (and if applicable) my child or ward (both of us herein after referred to as “I” or“Participant”), my spouse, parents, heirs, estate, insurers and assigns and if applicable the parents, heirs, estate, insurers and assigns of my child or ward (collectively, the “RELEASING PARTIES”) hereby agree as follows:
1. Assumption of Inherent Risks and Dangers. I acknowledge and agree that playgrounds and gyms for adults and children entail certain risks that simply cannot be eliminated without jeopardizing the essential qualities of the activities and regardless of the care taken by Kids Planet. Children and adults running around, jumping, diving and being excited (simply having fun) can be exposed to the usual risk of cuts and bruises for example. Other more serious risks exist as well. The children and other participants often can fall off equipment, sprain or break wrists and ankles, and can suffer more serious injuries and even death. Running (or walking), jumping and bouncing off of the various parts of the playground equipment is and can be dangerous and can cause serious injury or death and must be done at each Participant’s own risk. Similar risks are also inherent in using the Zip Line or Ball Swimming Pool located in the Kids Planet facility for example. Further the acts or omissions of other adults and children attending Kids Planet, using its equipment and participating in its activities can also be the cause of injury and even death to a Participant. In any event, if I or if applicable, my child or ward is injured, I or, if applicable, my child or ward may require medical assistance, such medical assistance will be at my sole cost and expense. I hereby assert that my and if applicable my child’s or ward’s, use of the Kids Planet facility and equipment and participation in the activities at Kids Planet is voluntary and that I/we knowingly assume all inherent risks of such activity.
2. Indemnification. The RELEASING PARTIES hereby agree to, release, hold harmless, defend and indemnify Kids Planet, its licensees, owners, members, partners, employees, directors, officers, managers, agents, volunteers, manufacturers, participants, lessors, affiliates, subsidiaries, related and affiliated entities, successors and assigns (collectively, the “RELEASED PARTIES”) (i.e., defend and pay any judgment and legal costs and expenses, including, without limitation, attorney’s fees and other expenses) from any and all claims of any or all of the RELEASING PARTIES arising from my and if applicable, my child’s or ward’s death, injury or loss due to the use of the facilities and equipment of Kids Planet and the participation in activities and related presence on the premises of Kids Planet by me and, if applicable, my child or ward (including, without limitation, those arising from the inherent risks of such activity or the ordinary negligence of any or all of the RELEASED PARTIES or other third parties, including, without limitation, other attendees at the Kids Planet facility). The RELEASING PARTIES further agree to hold harmless, defend and indemnify the RELEASED PARTIES against any and all claims of co-participants, rescuers and others arising from my and, if applicable, my child’s or ward’s conduct in the course of use of the facilities and equipment of Kids Planet and the participation in activities and related presence on the premises of Kids Planet by me and if applicable my child or ward.
3. Health and Medical Care. I am (and, if applicable, my child or ward is) in good health, and have (and has) no special health problems or issues. I authorize for myself and if applicable my child or ward a licensed medical care provider to carry out any emergency medical care which may be necessary and I agree to be fully responsible for any associated costs and expenses.
4. Photographs and Records. For myself and if applicable on behalf of my child or ward, in consideration of being permitted to use the Kids Planet facilities and equipment and to participate in its activities, I hereby grant to Kids Planet, its parent company and all licensees and affiliated companies and entities, the irrevocable right and permission to photograph and/or record me and, if applicable, my child or ward, to use such photographs and recordings for all purposes, including, without limitation, advertising and promotional purposes, in any manner in any and all media now or hereafter known or discovered, in perpetuity throughout the world, without limitation or restriction, and with the right to make changes or alterations to such photographs and recordings. On behalf of myself and, if applicable, on behalf of my child or ward, I hereby waive any right to inspect or approve such photographs and, any changes or alterations thereto or the use thereof, and on my behalf and, if applicable, on behalf of my child or ward, I acknowledge and agree that the rights granted pursuant to this Section 4 are without compensation of any kind. All Photographs and/or Recordings are exclusive to Kids Planet.
5. Medication or Arbitration. I agree that if any dispute shall arise from this Assumption of Risk, Release and Waiver of Liability and Indemnity Agreement or from my or, if applicable, my child’s or ward’s use of the facility and equipment of Kids Planet or participation in the activities and related presence on the premises of Kids Planet by me and, if applicable, my child and ward, I shall first engage in good faith efforts to mediate the dispute. Any agreement reached will be formalized by a written agreement at that time. Should the issue not be resolved by mediation, I agree that all claims and disputes arising under or relating to this Assumption of Risk, Release and Waiver of Liability and Indemnity Agreement or the use of the facilities and equipment of Kids Planet or participation in the activities and related presence on the premises of Kids Planet by me or, if applicable, my child or ward are to be settled by binding arbitration in the state of California. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the JAMS. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact. Any such arbitration shall be conducted by one arbitrator who shall be a retired judge of any California Court or Federal Court located in the State of California. An award of arbitration may be confirmed in any California State Court of competent jurisdiction. The arbitrator’s award shall be in writing and provide a written statement of the essential findings and conclusions. The arbitrator shall not have the power to commit any error of law or legal reasoning, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error. This arbitration provision is subject to the California Arbitration Act, and may be enforced in any California State Court of competent jurisdiction located in the State of California.
6. Severability. I further expressly agree that this Assumption of Risk, Release and Waiver of Liability and Indemnity Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of
California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect.
7. Choice of Law. This Agreement shall be interpreted and construed under and governed by the laws of the State of California, without giving effect to that State’s choice of law rules.
8. Acknowledgement of Understanding. I have read this Assumption of Risk, Release and Waiver of Liability and Indemnity Agreement and fully understand its terms. I understand that I am giving up substantial rights, including, without limitation, my rights, (if applicable) the rights of my child or ward, and the rights of the RELEASING PARTIES to sue for damages in the event of death, injury or loss. I acknowledge that I am signing this Assumption of Risk, Release and Waiver of Liability and Indemnity Agreement freely and voluntarily, and intend by my signature below, that this Agreement be a complete and unconditional release of the RELEASED PARTIES from all liability, including, without limitation, that due to inherent risks of the activities described herein and the ordinary negligence of the RELEASED PARTIES, to the greatest extent allowed by the laws of the State of California.
9. Misrepresentation and Fraudulent Execution of This Agreement. I AGREE TO INDEMNIFY THE RELEASED PARTIES FOR ALL LIABILITY AND CLAIMS, INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES, ARISING FROM ANY MISREPRESENTATIONS OR FRAUDULENT EXECUTION OF THIS ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT.
10. Application of this Agreement. I ACKNOWLEDGE THAT THIS ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT WILL APPLY FOR EACH AND EVERY TIME I OR MY CHILD OR WARD ATTENDS THE KIDS PLANET’S FACILITY, USES ANY OF ITS EQUIPMENT OR FACILITY OR PARTICIPATES IN ANY OF ITS ACTIVITIES.
11. References to “My Child and Ward”. All references in this Assumption of Risk, Release and Waiver of Liability and Indemnity Agreement to “my child or ward” shall to refer to each and every child or ward listed below.
12. Complete Agreement. This Assumption of Risk, Release and Waiver of Liability and Indemnity Agreement is the entire agreement and understanding of the RELEASING PARTIES and the RELEASED PARTIES with respect to the subject matter hereof and supersedes all prior agreements and understandings regarding the subject matter hereof which are merged herein. I AM AWARE THAT I AM RELEASING CERTAIN LEGAL RIGHTS THAT I AND/OR MY CHILD (CHILDREN) OR WARD(S), MAY OTHERWISE HAVE.
Date Signed: February 1, 2023
Please Check The Following Box Indicating Your Acceptance To All Terms And Conditions Listed On This Agreement: