KidsPop Inc.Indoor Playground Waiver of Liability / Assumption of Risk Please read this entire waiver carefully as this is a legal binding document.
By signing this waiver, I am relinquishing any and all rights and the rights of my spouse, children, wards, parents, heirs, assigns, personal representatives and estate to sue and from taking any and all claims, actions, complaints, causes of actions, disciplinary actions, applications, demands, liabilities, penalties, obligations, agreements, damages, losses, costs, expenses, contracts, covenants, whether express or implied, of any kind whatsoever, in law or in equity, whether known or unknown, that the I now hold, or have ever held against KidsPop Inc. Indoor Playground (“KidsPop”) along with all other insurers, parents, subsidiaries, affiliates and associated companies, and together with all respective officers, directors, employees, servants, insurers, affiliated companies, agents, representatives, spouses, and agents and their successors and assigns, successors and assigns, jointly and severally, for any injury, including paralysis or death, caused in whole or in part by that arise out of or are in any way connected to the negligence or fault of KidsPop.
I further acknowledge, covenant and warrant that I have not and will not, directly and/or indirectly, including but not limited to my lawyers, file or filed with any Court, Commission, Regulatory Body, Administrative Tribunal, Law enforcement Agency etc., any additional claim or complaint of the type described above, and then if such a claim or complaint has been filed, this RELEASE, WAIVER AND INDEMNITY, ENTERED INTO FREELY AND WITHOUT DURESS, CONSTITUTES A FULL AND FINAL BAR RELEASE AND/OR ANSWER TO SUCH CLAIM OR COMPLAINT.
KidsPop recognizes the need to strike a balance between the individual’s right to privacy and its duty to promote and maintain a safe and secure environment. Accordingly, the use of closed circuit television surveillance systems (“CCTV”) results in the collection of personal information in the form of images and records of the conduct of individuals. In view of the above, I further grant KidsPophe the right, without reservation or limitation, to videotape, and/or record me and/or my child(ren) and/or my wards on CCTV without compensation to me or my child(ren).
As consideration for being allowed to enter the indoor play area and/or Participate in any party, activity and/or program at KidsPop, the undersigned, on his or her behalf, and on the behalf of the Participant(s) identified below, acknowledges, appreciates, understands, and agrees to the following:
● A. 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.
● B. I acknowledge and understand that there are known and unknown risks associated with participation in KidsPop activities and the use of the play area and any and all KidsPop equipment, which include but are not limited to: contusions, fractures, scrapes, cuts, bumps, paralysis, or death.
● C. I, for myself and the Participant(s) named, willingly assume the risks associated with participation and accept that there are also risks that may arise due to OTHER PARTICIPANTS, which I also willingly assume.
● D. I agree that the Participant(s) named, and I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions as conditions for participation in any play event, parties or activities at KidsPop.
● E. I, for myself, the Participant(s) named, our heirs, assigns, representatives, and next of kin agree to hold harmless, release, waive and indemnify the independent owner(s), members, their predecessors, parent, subsidiaries and affiliates, officers, equipment manufacturers, employees and sponsoring agencies from all liability for any such injury, disability, death or loss or damage to person or property to the fullest extent of the law.
● F. I additionally agree to indemnify the independent owner(s), members, their predecessors, parent, subsidiaries and affiliates, officers, equipment manufacturers, employees and sponsoring agencies for any defense cost or expense arising from any and all claims, injuries, liabilities or damages arising from participation in any play event, parties or activities at KidsPop.
● G. I am of physical ability to participate and am legally competent to understand and complete this agreement. I hereby execute this agreement without coercion.
● H. The invalidity or unenforceability of any provision 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.
● I. Any controversy, dispute, or claim arising out of or related to this Agreement, which the parties are unable to resolve by mutual agreement, shall be settled exclusively by submission by either party of the controversy, claim or dispute to binding arbitration; said arbitration to take place exclusively before a single arbitrator located within 40KM of the Event location and in accordance with the rules of the Canadian Arbitration Association then in effect.
I further acknowledge and accept the terms and conditions of this waiver, release, hold harmless and indemnification agreement as detailed in A through G above for any and all future visits during the next twelve (12) month period. I further confirm that I have read this Release and Indemnity, understand it, and am executing it voluntarily and without duress.
Please keep this waiver, release, hold harmless and indemnification agreement on file and active, for the participants and parent/guardian listed above, for a period of twelve (12) months from the date of acceptance. I further acknowledge, covenant and agree that in the event that I should hereafter make any claim, complaints, or demand or take any action or proceeding against the Releasee in connection with any matter covered by this Release, Waiver and Indemnity, or threaten to do so, this document may be raised as an estoppel and complete bar to any such claim, complaint, demand, action or proceeding, and what I will be liable to the Release for its costs and expenses, including reasonable legal fees, incurred in responding thereto.
I further acknowledge, covenant and agree that I shall not make any claim, complaint or demand or take any action proceeding in connection with any matter covered by this Release against any other person or corporation who might claim contribution or indemnity for the Release by the virtue of the said claim, complaint or proceeding. I agree that if any such claim, demand, action or proceeding is made by me, the Releasee may raise this document as an estoppel and complete bat to any such claim, complaint, demand, action or proceeding and that I will be liable to the Releasee for its costs and expenses, including reasonable legal fees, incurred in responding thereto. I HEREBY AGREE AND ACKNOWLEDGE THAT in the event that any provision of this Release and Indemnity is deemed void, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. I confirm that I am at least 18 years of age