In exchange for admittance to the Ball Factory indoor playground, café, party room, and any and all other rooms (“Facility”) owned and operated by Ball Factory, LLC (“Company”) and the right to use the equipment and engage in the play and other activities offered at the Facility (“Activities”), I agree for myself and (if applicable) for the members of my family and/or child(ren) in my care (“Participant(s)”), to the following conditions:
1. LEGAL GUARDIANT CONSENT I represent that I am the parent or legal guardian of the Participant(s) named below, or I have obtained permission from the parent/legal guardian of the Participant(s) named below to execute this agreement on their behalf. I further represent that the Participants are healthy and physically able to participate in any and all undertaken Activities at the Facility.
2. SAFETY RULES AND SIGNS I agree that the Participant(s) named below and I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions as conditions for play and participation in any party and/or program at Ball Factory, LLC (“Rules”). I agree to pay for all damages to the facilities caused by my or my family’s negligent, reckless, or willful actions and/or the Participant(s) in my care’s negligent, reckless, or willful actions. In addition, if I observe any hazard during our participation, I will bring it to the attention of the nearest Company employee or official immediately.
3. MULTI-USE WAIVER I hereby expressly authorize Company to use this waiver as a multi-use-waiver until such time as I revoke it in writing with notice to Company.
4. PHOTO AND VIDEO RELEASE I approve of the use of photographs or films taken by the Company in which I or the Participant(s) is/are part of and for the use thereof by the Company in its marketing and promotional materials.
5. NO CHILDCARE SERVICES I acknowledge that Company. is not responsible for the provision of child-care services for the Participant(s). Accordingly, I agree that I will remain at the Facility at all times while the Participant(s) is/are at the Facility and during the Participant(s)’ participation in the Activities and use of the Facility, and I assume sole responsibility for supervision of the Participant(s) and for understanding and following Company's Rules associated with the Participant(s)’ safe participation in the Activities.
6. SECURITY CAMERAS I understand that security cameras installed around and within the facility are for the safety of all participants and may be referenced should any incidents or injury occur.
7. COVID-19 WARNING An inherent risk of exposure to COVID-19 exists in any public place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and death. According to the Center for Disease Control and Prevention, senior citizens and guests with underlying medical conditions are extremely vulnerable. Participation includes possible exposure to and illness from infectious diseases including but not limited to COVID-19.
BY VISITING BALL FACTORY, LLC, YOU VOLUNTARILY ASSUME ALL RISKS RELATED TO COVID-19.
8. REFUSAL OF PARTICIPATION I understand that the Company may refuse the Participant(s)’ participation in the Activities for any reason, including, but without limiting the generality of the foregoing:
a. failure by me or the Participant(s) to follow Company's Rules, in the sole discretion of Company;
b. my failure to remain at the Facility while the Participant(s) is/are at the Facility and is/are participating in the Activities;
c. my failure to adequately supervise the Participant(s) or to ensure that the Participant(s) is/are adequately prepared for safe participation in the Activities, in the sole discretion of Company; and
d. the Participant(s)’s suffering from an illness or ailment of any kind that may impair his or her continued participation in the Activities or that may be contagious or potentially harmful to others at the Facility, in the sole discretion of Company. Including but not limited to COVID-19
9. PERSONAL PROPERTY I acknowledge that any and all personal property left at the Facility is left at my own risk and that the Company is not liable for lost, stolen, damaged, or forgotten items.
10. “AS IS” CONDITION I acknowledge that Company makes no representation as to the condition of the Facility or the safety of any structures or equipment that may be used at the Facility. I accept and shall use, along with Participant(s), the Facility in its “AS IS” condition. I acknowledge and agree that I am not relying upon any representation or statement by the Company or Company’s employees, agents, or representatives regarding this agreement or the Facility, except to the extent such representations are expressly set forth in this agreement.
11. RELEASE AND DISCHARGE I, on my behalf and on behalf of my participant(s) and our respective executors and heirs, hereby irrevocably waive, release and fully discharge the Company and its owners, officers, employees, and agents from and against any and all liability for loss, damage, personal injury, including death and disability, and costs of any kind and nature whatsoever which I or the Participant(s) may suffer now or in the future by reason of or existing out of any causes whatsoever related to or arising out of or from the participation of the Participant(s) in the Activities or presence of the Participant(s) at the Facility, including negligence, breach of contract, and breach of any statutory duty or other duty of care on the part of the Company. I accept that this release covers and includes, but is not limited to, all unknown and unforeseen claims, injuries, damages and losses, and any consequences thereof, including aggravation of injuries caused by negligent rescue operations or procedures.
12. AGREEMENT NOT TO SUE I agree, for myself, Participant(s), and my heirs, not to sue Company or initiate or assist in the prosecution of any claim for damages or cause of action against Company which I, the Participant(s), my heirs or the Participant(s)’ heirs may have as a result of any personal injury, death or property damages I may sustain while participating in the Activities or being at the Facility.
13. ASSUMPTION OF RISK I acknowledge that there are known and unknown risks associated with the Participant(s)’ participation in the Activities, including slips and falls; impact with toys or equipment at the Facility or with other children or adults; the negligence or carelessness of others, including their failure to follow the Rules; and negligence on the part of the Rules including Company’s failure to take reasonable steps to safeguard the Participant(s) from the risks of participating in the Activities and failure to take reasonable steps to operate or maintain the Facility. I accept and fully assume, without limitation, all such risks associated with the Participant(s) participation in the Activities and the possibility of personal injury, death, property damage or loss resulting therefrom.
14. APPLICABLE LAW This agreement will be governed by and interpreted in accordance with the laws of the State of Illinois.
15. SEVERABILITY Each provision of this Agreement is severable. The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect
16. ACKNOWLEDGEMENT I acknowledge that this agreement, along with the Rules of Company, creates and constitutes my continuing obligations respecting the Participant(s)’ participation in the Activities and use of the Facility at any time.
I HAVE READ THIS AGREEMENT THOROUGHLY. I UNDERSTAND THAT, BY SIGNING THIS AGREEMENT, I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I, THE PARTICIPANT(S), AND OUR HEIRS, ASSIGNS, EXECUTORS, ADMINISTRATORS, PERSONAL REPRESENTATIVES, AND NEXT OF KIN MAY HAVE AGAINST THE RELEASEES, INCLUDING THE RIGHT TO SUE. I HAVE BEEN AFFORDED THE OPPORTUNITY TO REFUSE THE PARTICIPANT(S)’ PARTICIPATION IN THE ACTIVITIES BUT I HAVE FREELY AND VOLUNTARILY ELECTED TO SIGN THIS AGREEMENT.
I UNDERSTAND THAT THE COMPANY, ITS OWNERS OFFICERS, EMPLOYEES, AND AGENTS, ARE RELYING ON THIS FULL RELEASE AND WAIVER OF ALL CLAIMS WHEN ACCEPTING THE PARTICIPANT(S)’ ENTRY INTO THE FACILITY AND PARTICIPATION IN THE ACTIVITIES.