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RELEASE OF LIABILITY
 READ CAREFULLY BEFORE SIGNING

In consideration of the services of The Nest Playground, LLC, hereinafter collectively referred to as “The Nest”, their agents, owners, officers, employees and all other persons or entities acting in any capacity on their behalf, I, as the parent/legal guardian or adult entrusted to care of a child who is an activity participant, hereby agree to release and discharge The Nest on behalf of myself, my child, my heirs, assigns, personal representative and estate as follows:

  1. I understand and acknowledge that the activity my child is about to engage poses known risks and unanticipated risks including but not limited to injury, paralysis, death, emotional distress, or damage to my child, property or third parties.
  2. The following describes some, but not all, of those activities: activities on playground equipment, activities on gymnastic equipment, tumbling, martial arts, dance, climbing and rock climbing.
  3. I am aware of the contagious nature of bacterial and viral diseases including the 2019 novel coronavirus disease (also known as COVID-19) (collectively, "Diseases") and the risk that I may be exposed to or contract such Diseases by using The Nest.  I understand and acknowledge that such exposure or infection may result in serious illness, personal injury, permanent disability, death or property damage.  I acknowledge that this may result from or be compounded by the actions, omissions or negligence of others, including The Nest.  I understand that while The Nest may take measures to reduce the spread of the Disease, it cannot guarantee that I will not become infected while using The Nest and that using The Nest may increase my risk of contracting such Diseases.  I understand that if requested, The Nest will cooperate with governmental agencies to provide them (or their agents) with information about such Diseases, which may include providing my name and contact information to such authorities, and I agree to The Nest sharing such information.
    NOTWITHSTANDING THE RISKS ASSOCIATED WITH SUCH DISEASES, I ACKNOWLEDGE THAT I AM VOLUNTARILY USING THE NEST WITH KNOWLEDGE OF THE DANGER INVOVLED AND THAT THE RELEASE OF LIABILITY AND INDEMINIFICATION PROVISIONS IN THIS DOCUMENT WILL APPLY TO ANY CLAIM THAT I CONTRACTED A DISEASE WHILE USING THE NEST OR WHILE INTERACTING WITH ANYONE ELSE USING THE NEST.
  4. I expressly agree and promise to accept and assume all of the risks associated with participation in such activities.  My participation in this activity is purely voluntary, no one is forcing me or my child to participate, and we elect to participate in spite of the risks.
  5. I hereby voluntarily release, forever discharge and agree to hold harmless and indemnify The Nest from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with my child’s participation in this activity.
  6. Should The Nest, or anyone acting on their behalf, be required to incur attorney fees and costs to enforce this agreement, I agree to indemnify and reimburse them for such fees and costs.
  7. I certify that my child has health, accident and liability insurance to cover any bodily injury or property damage that may be caused or suffered while participating in this event or activity, or else I agree to bear the costs of such injury or damage to my child.  I further certify that I am willing to assume the risk of any medical or physical condition my child may have or else I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition.
  8. In the event that I file a lawsuit against The Nest, I agree to do so solely in the state of Oregon, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state.  I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

By signing this document, I acknowledge that if anyone is hurt or property is damaged during my or my child’s participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against The Nest on the basis of any claim from which I have released them herein.

I have had sufficient opportunity to read this entire document.  I have read and understood it, and agree to be bound to its turn.

In consideration of my child being permitted by The Nest to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless The Nest from any and all claims which are brought by, or on behalf of my child, and which are in any way connected with such use or participation by child.

Date: May 4, 2024 

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Age Acknowledgment*
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*
Parent or Guardian's Email Address

Email*

Confirm Email*
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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.


By signing below the parent or court-appointed legal guardian agrees that they are also 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 Age Acknowledgment*
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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