In consideration for gaining access to 1372 Jordan Road, Suite c & D, Huntsville, AL 35811 (the “Location”) and engaging the services of Kidtopia Indoor Family Playland LLC, its agents, owners, volunteers, employees, insurers, and all other persons or entities acting on its behalf (collectively referred to as “Kidtopia”),
I, the named parent or legal guardian of the named participant(s) who is under 18, and, on behalf of the minors identified on this form, hereby acknowledge, appreciate and agree that:
1. All children’s equipment at Kidtopia including inflatables, playground, rock wall climbing, little city avenue , exercise equipment and other toys can be hazardous and dangerous. Activities require various degrees of skill and experience. I understand that these activities can result in serious injury, death, illness to the person or child(ren). I understand that such risk simply cannot be eliminated without jeopardizing the essential qualities of the Activity. I accept and assume all of the risk and responsibilities for injury, death, and illness to myself and identified minors on the Let’s Play premises. I acknowledge that I and/or my child(ren) may require medical assistance, which I acknowledge will be at my own expense or the expense of my personal insurers. I represent and affirm that I have adequate and appropriate insurance to provide coverage for such medical expense.
2. I am aware of age and weight limit of certain activities for the safety of different age group of children at Kidtopia.
3. In consideration of Kidtopia allowing my participation and the participation of my child(ren), I for myself and on behalf of my child(ren) and/or legal ward, and our respective heirs, administrators, personal representatives, and/or assigns hereby voluntarily release, waive, and forever discharge and covenant not to sue Kidtopia Indoor Playland LLC and/or its owners, agents, employees, officers, and/or any other persons or entities acting on its behalf, as to and from any and all claims of any type whatsoever, including but not limited to alleged claims of negligent acts or omission, actions, rights, damages, liabilities, including any expenses incurred by my child(ren) and/or legal ward should he/she/they be injured, including death, costs or expenses including attorney fees which are related the participation or use of the Kidtopia facility by my child(ren) and/or legal ward.
4. By signing this agreement, it is my intention to assume all risk of injury and damage for myself and on behalf of my child(ren) and/or legal ward, and to surrender and being aware of the right to sue or exercise any legal right to seek compensation in a court of law for injuries and/or damages against Kidtoopia Indoor Family Playland, its owners, agents, employees, and/or all other persons or entities acting on its behalf, do hereby intentionally waive and relinquish those rights on behalf of myself and my child(ren) and/or legal ward. Further, in the event of any dispute arising out of this agreement, the use and/or participation of my child(ren) and/or legal ward of the facilities of Kidtopia Indoor Playland LLC, or the relationship of the parties hereto, including without limitation any disputes regarding the construction and/or enforceability of this Agreement, I hereby agree, on behalf of myself, my child(ren) and/or legal ward(s), to submit all such disputes to binding arbitration proceedings to be convened in Gwinnett County, Georgia, which proceedings shall be conducted under the applicable rules of the American Arbitration Association.
5. I acknowledge that my and/or my child’s participation in activities at Kidtopia is voluntary. I hereby certify that I am over 18 years of age. I have carefully read the foregoing covenant not to sue, assumption of risk, and acknowledge that I understand and agree to all of the above terms and conditions. Prior to signing this agreement, I have had an opportunity to ask any and all questions. I am aware that by signing this agreement, I assume all risks and waive and release all substantial rights that I may have possess.
6. I agree to follow the rules as explained: All guests are required to wear socks. The weight limit of 150 lbs will not be exceeded on any of the equipment inside the Kidtopia facility. I understand that failure to adhere to these rules may result in being denied service. If denied service, guest admission will not be refunded.
7. Photos and use of recording devices may be used on premises and images and videos of children may be used for marketing and security purposes. I further authorize Kidtopia to use my or my child(ren)’s name, face, likeness, voice and appearances in connection with exhibitions, publicity, advertising and promotional materials. I would like to receive free email promotions and discounts to the email address provided herein.
8. I understand that participation in the Kidtopia Indoor Family Playland LLC facility play and activities entails known, anticipated and unanticipated risks that could result in physical and/or emotional injury, paralysis, death or damage to yourself and/or to others. Risks may include, but are not limited to, slipping and falling, landing improperly, collisions with fixed objects, mocing objects and/or other people which may result in sprains, fractures, breaks, scrapes, bruises, dislocations, and injuries to head, back and neck.
9. Waiver of Liability Relating to Coronavirus/COVID-19: The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is reported to be extremely contagious. The state of medical knowledge is evolving, but the virus is believed to spread from person-to-person contact and/or by contact with contaminated surfaces and objects, and even possibly in the air. People reportedly can be infected and show no symptoms and therefore spread the disease. The exact methods of spread and contraction are unknown, and there is no known treatment, cure, or vaccine for COVID-19. Evidence has shown that COVID-19 can cause serious and potentially life-threatening illness and even death.
Kidtopia cannot prevent you [or your child(ren)] from becoming exposed to, contracting, or spreading COVID-19 while utilizing Kidtopia’s services or premises. It is not possible to prevent against the presence of the disease. Therefore, if you choose to utilize Kidtopia’s services and/or enter onto Kidtopia’s premises you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19.
ASSUMPTION OF RISK: I have read and understood the above warning concerning COVID-19. I hereby choose to accept the risk of contracting COVID-19 for myself and/or my children in order to utilize Kidtopia’s services and enter Kidtopia’s premises. These services are of such value to me [and/or to my children,] that I accept the risk of being exposed to, contracting, and/or spreading COVID-19 in order to utilize Kidtopia’s services and premises in person
WAIVER OF LAWSUIT/LIABILITY: I hereby forever release and waive my right to bring suit against Kidtopia Indoor Family Playland and its owners, officers, directors, managers, officials, trustees, agents, employees, or other representatives in connection with exposure, infection, and/or spread of COVID-19 related to utilizing Kidtopia’s services and premises. I understand that this waiver means I give up my right to bring any claims including for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence and give up any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen.
I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL PROVISIONS OF THIS RELEASE, AND FREELY AND KNOWINGLY ASSUME THE RISK AND WAIVE MY RIGHTS CONCERNING LIABILITY AS DESCRIBED ABOVE: I am the parent or legal guardian of the minor named below. I have the legal right to consent to and, by signing below, I hereby do consent to the terms and conditions of this Release.