In Consideration of being allowed to enter Pikopye’s Town, a Dalemi Group Limited Liability Company, (“Pikopye’s Town”) and/or participate in any party and/or program at Pikopye’s Town, the undersigned, on his or her behalf, and on the behalf of the participant(s) acknowledges, and agrees to the following conditions:
I fully understand and acknowledge that recreational activities have inherent risk, dangers, and hazards and such exists in my child's use of equipment, services, and activities (“Activities”) at Pikopye’s Town and I acknowledge I have visited the facility and investigated the Activities to my satisfaction. I execute this Release and Waiver of Liability with the intent to bind myself, my spouse (if applicable), my heirs, assigns, and legal representatives. I further state that I am at least 18 years of age or older and competent to sign this affirmation and Release.
I fully understand and agree that certain elements of the Activities of Pikopye’s Town may be physically and emotionally demanding and that by my child's participation here, he/she faces risks of physical injury. These risks may include but are not limited to: (1) loss or damage to personal property; (2) injury or fatality due to and/or related to (a) walking, running, jumping, playing, and/or falling, (b) fighting with, being hit by, and/or hitting any of the Pikopye’s Town participants, or any other person, and (c) slips and falls.
I understand and assume the risks for myself and my child’s participation at Pikopye’s Town. I further represent that my child is in good physical condition, and does not possess, nor am I aware of, any physical or mental disabilities which will limit my child’s participation at Pikopye’s Town.
I understand that I will be required to go through a COVID-assessment questionnaire and a temperature check of all participants in my party upon arrival at Pikopye's Town. This process will be required each time we visit Pikopye’s Town.
I EXPRESSLY AGREE AND INTEND THAT BOTH MY AND MY CHILD’S PARTICIPATION AT PIKOPYE’S TOWN SHALL BE UNDERTAKEN AT OUR OWN RISK AND THAT PIKOPYE’S TOWN SHALL NOT BE LIABLE FOR ANY INJURIES, DAMAGES, CLAIMS, DEMANDS, ACTIONS, OR CAUSES OF ACTION WHATSOEVER WHICH MAY ARISE OUT OF OR IN CONNECTION WITH ME OR MY CHILD’S PARTICIPATION IN PIKOPYE’S TOWN, AND I DO HEREBY FOREVER RELEASE, DISCHARGE, INDEMNIFY, HOLD HARMLESS AND WILL DEFEND PIKOPYE’S TOWN FROM ANY SUCH INJURIES, DAMAGES, CLAIMS, DEMANDS, ACTIONS OR CAUSES OF ACTION, AND COSTS, INCLUDING ATTORNEY’S FEES.
The terms of this Release and Waiver of Liability are to be governed by and construed under the laws of the state of Texas. In the event any term or provision of this Release and Waiver of Liability is found to be unenforceable or void, in whole or in part, the term or provision concerned shall be construed as valid and enforceable to the maximum extent permitted by law, and the balance of this Release and Waiver of Liability shall remain in full force and effect.
Dated: December 8, 2023