I, the responsible party 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:
Shop N Play, LLC (“Shop N Play”) is to be used strictly as a drop-in play center, and not as daycare facility. Under Ohio law, at least one parent, custodian, or guardian of each child must remain on the premises and is always readily accessible while under the care of Shop N Play except that childcare provided on the premises at which a parent, custodian or guardian is employed more than two- and one-half hours a day. To ensure the safety of all the children at Shop N Play, we have a very strict security policy in place, with NO EXCEPTIONS. When any responsible party is dropping off, they must have their fingerprint and photo taken. Whomever is dropping off MUST be the same person picking up, as their fingerprint and photo must match, NO EXCEPTIONS.
RULES & POLICIES
I agree to follow the rules as explained:
- You acknowledge that there are inherent risks in using the Shop N Play Facility. Patrons of the Shop N Play Facility accept the risks inherent in such participation of which the ordinary prudent person is or should be aware. Patrons have a duty to exercise good judgment and act in a responsible manner while using the Shop N Play Facility and other equipment, and while engaging in such activities. Patrons have a duty to obey all oral or written warnings, or both, prior to or during participation, or both.
- Socks are required at all times. No shoes are permitted in the playground area. Bare feet are not permitted in the playground area.
- You and your Child have a duty to properly use all safety equipment provided.
- You have a duty to not participate and not to allow a Child to participate in any activity or use equipment, if you or a Child have pre-existing medical conditions that could cause injury to you or a Child.
- No outside food, including baby food, milk or formula is permitted within the Shop N Play Facility. (Exceptions will be made for birthday parties only- and must be kept in designated party area)
- All dress-up clothes must remain in the “Dress-Up” pretend area.
- No toys are permitted in the climbing structure.
- Shop N Play reserves the right to refuse admission at their discretion, and for any reason.
- No outside toys are allowed in the play area.
- Shop N Play has a ZERO BULLYING POLICY. Any children that are seen harassing or bullying other children will be politely asked to leave and will not receive a refund.
- All personal items stored in cubbies Shop N Play is not responsible for any personal items stored in cubbies, whether damaged, lost, or stolen.
- If you or your child/children are sick, please do not enter the play space. We strive to create a safe, healthy and hygienic environment for everyone.
- This agreement must be signed before participating in any activity at the Shop N Play Facility
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 Shop N Play 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 and phone number provided herein.
VOULANTARY ASSUMPTION OF RISK
All children’s equipment at Shop N Play including the use of the playground area and equipment, including but not limited to inflatables, ball pits, climbing toys, scooters, swings, etc. and participating in other related activities, is inherently and obviously dangerous. Activities require various degrees of skill and experience and I understand that such risk simply cannot be eliminated without jeopardizing the essential qualities of the activity. These risks include serious physical or emotional injury, including but not limited to scrapes, cuts, bruises, sprains, fractures, pinches, concussion, death, damage to myself, the Child, and/or third parties, and damage to personal property of any or all such persons. I understand that the risk of injury extends to all extremities and all other parts of the body. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity, which I further agree is for recreational purposes and completely voluntary. I acknowledge and agree that, while the activities that take place at Shop N Play are monitored generally by Shop N Play employees, it is not feasible for such employees to always monitor the activities and actions of all customers or all customers simultaneously. Furthermore, Shop N Play Facility employees have difficult jobs to perform. They seek safety, but they are not infallible. I accept and assume all the risk and responsibilities for injury, death, and illness to myself and identified minors on the Shop N 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.
RELEASE OF LIABILITY
The Releasing Parties (as defined below) hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue Shop N Play, and their successors and insurers (collectively, the “Releasees”) from any and all claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, attorneys’ fees, damages, judgments and liabilities, contracting Covid-19, of whatever kind or nature, in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, related to or arising, directly or indirectly, from my or the Child’s access to and/or use of Shop N Play’s facility, premises and/or its
equipment, the Child’s and/or my entry into Shop N Play’s facility, the condition, maintenance, inspection, supervision, control or security of Shop N Play’s facility, the failure to warn of dangerous conditions in connection with the Shop N Play’s facility, and/or the acts or omissions of the company or any of the Releasees, including, without limitation, any claim alleging negligent act(s) or omission(s) of Releasees. This release extends to claims seeking relief for any and all forms of damage or injury, including property damage, personal injury, emotional injury, illness, bodily harm, paralysis or death. I understand that this release and waiver applies to all activities and games at the Shop N Play facility. I understand that this release and waiver applies to and includes all activities that I or my Child engage in at the premises. If any claim released herein is brought by, or asserted on behalf of, the Releasing Parties, I shall immediately defend, indemnify, and hold harmless the Releasees, and any of them, from any loss or liability, including reasonable attorneys' fees, associated therewith or arising therefrom.
I understand and fully acknowledge and agree that all of the risks identified herein, and any other risks associated with use of the Shop N Play facility and its equipment are sometimes beyond the control of the Releasees. I agree and acknowledge that should The Company or any other Releasee or anyone acting on their behalf, be required to incur attorneys' fees and/or costs to enforce this agreement, I agree to immediately defend, indemnify, and hold The Company and any other Releasee or them harmless for and against all such attorneys’ fees and/or costs. In the event of a medical emergency and when the parent, guardian, or responsible party of a Child is unavailable, the undersigned hereby further authorize(s) any of the staff, employees, agents and representatives of the Company to provide for, approve and authorize any health care at any hospital, emergency room, doctor's office or other institution, employ any physicians, dentists, nurses or other person whose services may be needed for such health care, review and if necessary disclose the contents of any medical records, execute any consent form required by medical, dental or other health authorities incident to the provision of medical, surgical, or dental care to the Child. Health care shall include, but not be limited to the administration of anesthesia, x-ray, examination, performance of operations, diagnostic and other procedures.
AGREEMENT TO PAY MY OWN MEDICAL EXPENSES
I acknowledge, accept, and assume the risk of any and all medical conditions, limitations, or disabilities (whether temporary or permanent) that I or the child possess, whether known or unknown, which might contribute to or exacerbate any injury I or the child might sustain as a result of using the Shop N Play Facility or any of its equipment. I acknowledge and agree that if medical assistance (of any form, including emergency care, hospitalization, out-patient care, and/or physical therapy) is required or performed as a result of any injury I or the Child sustains while using the Shop N Play facility, such assistance shall be at my own expense.
ARBITRATION OF DISPUTES; TIME LIMIT TO BRING CLAIM
I understand that by agreeing to arbitrate any dispute as set forth in this section, I am waiving my right, and the right(s) of the minor child(ren) above, to maintain a lawsuit against the Company and the other Releasees for any and all claims covered by
this Agreement. By agreeing to arbitrate, I understand that I will NOT have the right to have my claim determined by a jury, and the minor child(ren) above will NOT have the right to have claim(s) determined by a jury. Reciprocally, the Company and the other Releasees waive their right to maintain a lawsuit against me and the minor child(ren) above for any and all claims covered by this Agreement, and they will not have the right to have their claim(s) determined by a jury. ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO MY OR THE CHILD’S ACCESS TO AND/OR USE
OF THE SHOP N PLAY PREMISES AND/OR ITS EQUIPMENT, INCLUDING BUT NOT LIMITED TO CLAIMS FOR PERSONAL INJURY, BREACH OF CONTRACT, NEGLIGENCE AND/OR THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE BROUGHT WITHIN ONE YEAR OF ITS ACCRUAL (i.e., the date of the alleged injury) AND BE DETERMINED BY ARBITRATION IN THE COUNTY OF THE CUYAHOGA COUNTY(SHOP N PLAY FACILITY), OHIO BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS RULE 16.1 EXPEDITED ARBITRATION RULES AND PROCEDURES, AS WELL AS APPLICABLE JAMS APPELLATE RULES AND PROCEDURES. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION.
TERM OF AGREEMENT
I understand that this agreement extends forever into the future and will have full force and legal effect each and every time I or my child(ren)/ward(s) visit Shop N Play. I acknowledge that my and/or my child’s participation in activities at Shop N Play 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 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.
June 9, 2023