I am eighteen years of age or older, and hereby acknowledge that I have read the entirety of this Participation Agreement (hereinafter, the “Agreement”) before signing same, and agree to be bound by the terms of this Agreement. As a parent or legal guardian of the minor child whose name is set forth below (who is referred to herein as the “Participant”), and who I voluntarily elect and allow to use the Kid & Caboodle facilities and equipment located at 1 Evergreen Place, Unit C, Morristown, New Jersey (hereinafter, the “Kid & Caboodle Indoor Playground”), and in consideration of the Participant and I being permitted to use the facilities and equipment and participate in any activity, program or party at the Kid & Caboodle Indoor Playground, I, individually and on behalf of the Participant, agree as follows:
Assumption of Risk: I acknowledge that participating in the activities, programs, and/or parties at the Kid & Caboodle Indoor Playground, and/or using the play facilities and equipment at the Kid & Caboodle Indoor Playground creates known, unknown and inherent risk of severe bodily injury or death to me and the Participant. Notwithstanding these risks, I understand, acknowledge and expressly and voluntarily assume all risks and full responsibility for any injury, loss, or property damage that the Participant or I may suffer at the Kid & Caboodle Indoor Playground.
Coronavirus/COVID-19: I, individually, and on behalf of the Participant(s), acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing. I further acknowledge that Kid & Caboodle Indoor Playground has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19. I, individually, and on behalf of the Participant(s) further acknowledge that Kid & Caboodle Indoor Playground cannot guarantee that neither I nor the Participant(s) will not become infected with the Coronavirus/Covid-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, staff, and other clients and their families. I, individually, and on behalf of the Participant(s) voluntarily seek services provided by Kid & Caboodle Indoor Playground and acknowledge that I am increasing my risk to exposure to the Coronavirus/COVID-19. I, individually, and on behalf of the Participant(s) acknowledge that we must comply with all set procedures to reduce the spread while at Kid & Caboodle Indoor Playground.
I attest that:
* I and the Participant(s) are not experiencing any symptom of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.
* I and the Participant(s) have not traveled internationally within the last 14 days.
* I and the Participant(s) have not traveled to a highly impacted area within the United States of America in the last 14 days.
* I and the Participant(s) do not believe we have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19.
* I and the Participant(s) have not been diagnosed with Coronavirus/Covid-19 and not yet cleared as non contagious by state or local public health authorities.
* I and the Participant(s) are following all CDC recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19.
Waiver, Release, Discharge and Agreement Not to Sue: I, individually, and on behalf of the Participant, the Participant’s other parents or legal guardians, my spouse, domestic partner, and the Participant and my respective and collective issue, heirs, assigns, representatives, estates, and anyone else who can claim by or through such persons or persons (collectively, the “Releasors”) hereby voluntarily waive, release, discharge and covenant not to sue Kid & Caboodle Play LLC, and its owners, officers, members, managers, employees, agents, and all other persons or entities acting in any capacity on behalf of Kid & Caboodle Play LLC (collectively, the “Releasees”) for any and all claims, demands, or causes of action that the Participant or I claim are in any way connected to our presence at or use of the Kid & Caboodle Indoor Playground. This Agreement shall include any and all claims or legal rights now existing or arising in the future, including but not limited to claims and legal rights arising out of any act or omission of the Releasees and any other breach of a legal duty arising out of common law, statute, contract or otherwise.
Indemnification: I agree to indemnify Releasees and hold Releasees harmless from, without limitation, any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorneys’ fees and costs, incurred due to claims brought by any person on my behalf, the Participant, or any third party in connection with or arising out of my or the Participant’s presence at or use of the Kid & Caboodle Indoor Playground and to reimburse Releasees for any such costs, expenses and fees as they are incurred.
Payment for Damages: I agree to pay for any and all damages to Kid & Caboodle Play LLC’s property or equipment as a result of my or the Participant’s willful actions, neglect or recklessness and agree to be held liable for all such costs associated with such damages.
Use of Photography and/or Videos: I, individually and on behalf of the Participant and the Releasors, do hereby grant Kid & Caboodle Play LLC permission to use any photography/video taken at the Kid & Caboodle Indoor Playground of myself and/or the Participant in publications or other media material produced, used or contracted by Kid & Caboodle Play LLC, including, but not limited to, invitations, magazines, newspapers, brochures, television, social media, websites, etc. I, individually, and on behalf of the Participant and Releasors, do hereby agree to waive, release, defend and hold harmless and indemnify Releasees from any and all claims involving the use of my and/or the Participant’s photograph/video or likeness.
Continuous Use: In consideration of my not having to sign a fresh copy of the Agreement before each visit to the Kid & Caboodle Indoor Playground, I understand that my execution of this Agreement prior to my and the Participant’s initial visit to the Kid & Caboodle Indoor Playground authorizes Kid & Caboodle Play LLC to apply this Agreement to all visits to the Kid & Caboodle Indoor Playground until such time as I revoke the Agreement in writing.
Governing Law: This Agreement shall be construed in accordance with the laws of the State of New Jersey, without regard to principles of conflict of laws.
Severability: If any provision of this Agreement should be found to be invalid or unenforceable, all other provisions shall nevertheless remain in full force and effect the maximum extent permitted by law.
Parent or Legal Guardian Certification and Consent: I hereby certify that I am the parent or legal guardian of the Participant whose name appears below, and I have authority to enter into this Agreement individually and on behalf of the Participant. I have read and understand all of the provisions of this Agreement and the risks associated with my presence at and use of the Kid & Caboodle Indoor Playground.
Acknowledgement: By executing this Agreement, I am aware that if I or the Participant are injured or if our property is damaged in connection with our presence at or use of the Kid & Caboodle Indoor Playground the Participant, Releasors and I may be found by a court of law to have waived our right to maintain a lawsuit against Releasees on the basis of any claim that is released herein.
Today's Date: February 26, 2021