Parental Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement I, the undersigned parent or legal guardian, on behalf of myself and my minor child (i.e., under the age of 18), in consideration of being allowed to enter, attend, and/or participate in activities—including, without limitation, slides, swings, and climbing —and to use the facilities of AP Playroom LLC (d/b/a Two Brothers Miami) located at 8300 NE 2nd Ave, Miami, FL 33138 (the “Company” and the “Location”), do hereby voluntarily, knowingly, and unconditionally release, waive, and discharge the Company from any and all claims, demands, or causes of action arising out of or related to our participation in such activities’, covenant not to sue the Company for any such claims, and acknowledge that the receipt and sufficiency of this consideration is hereby accepted and agreed to. 1. Release of Liability In consideration of my participation and/or my minor child’s participation in play activities at Location, I, on behalf of myself and my minor child, my spouse, heirs, personal representatives, guardians, and assigns (collectively, “Related Parties”), hereby fully release, waive, discharge, and covenant not to sue Company, its owners, directors, members, officers employees, agents, volunteers, and affiliates (collectively, the “Released Parties”) from any and all claims, demands, actions, causes of action, liabilities, or damages arising directly from my participation and/or my minor child’s participation in the listed activities, whether known or unknown, foreseen or unforeseen, except to the extent caused by the gross negligence or intentional misconduct of the Released Parties. I understand and expressly agree that this Release (as defined in Section 10) includes, without limitation, claims for personal injury, disability, death, illness, and property damages. 2. Acknowledgment of Inherent Risks I fully understand, acknowledge, and accept that my participation and/or my minor’s child’s participation in the specific play activities at the Location involves inherent risks and dangers, including, without limitation, falls, collisions with equipment or other participants, slipping, tripping, equipment malfunction, contact with other children, and other hazards or conditions that may arise, which could result in serious bodily injury, permanent disability, illness, or death. I acknowledge that such risks cannot be completely eliminated, even with the exercise of reasonable care and adherence to safety procedures, and I voluntarily and knowingly assume all responsibility for any injury, damage, or loss that may occur as a result of my participation and/or my minor child’s participation, except to the extent caused by the gross negligence or intentional misconduct of the Released Parties. 3. Indemnification I, on behalf of myself, my minor child, and all Related Parties, agree to fully indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, causes of action, liabilities, damages, losses, costs, or expenses, including attorneys’ fees and court costs, arising out of or in connection with my participation and/or my minor child’s participation in the activities at the Location, including any injury, damage, disability, illness, or loss caused by myself and/or my minor child to other participants, property, or third parties, except to the extent such claims result solely from the gross negligence or intentional misconduct of the Released Parties. This indemnification obligation applies regardless of whether such claims are brought by me, my minor child, or any third party, and includes all claims whether known or unknown, foreseen or unforeseen. 4. Limitation of Liability Notwithstanding anything to the contrary in this Agreement, to the fullest extent permitted by law, the Release Parties liability to my minor child and/or to me arising from ordinary negligence in connection with my minor child’s participation or my participation in the listed activities shall be limited to actual damages not exceeding $5,000.00 per participant per incident. This limitation shall not apply to any claims arising from the gross negligence, willful misconduct, or intentional acts of the Released Parties. 5. Supervision of Minor Child and adherence to Rules of Play I acknowledge and agree that I am always solely responsible for the supervision and safety of my minor child while at the Location. I understand that the Company’s staff is not responsible for supervising my minor child except as expressly required by law or as provided in writing. I further agree to ensure that my minor child and I follow all posted rules, staff instructions, and safety procedures while participating in activities, including, without limitation, prohibitions on rough housing, restrictions on food and drinks, and any other rules communicated to me or posted by the Company. 6. Emergency Medical Authorization and Insurance I, on behalf of myself and my minor child, hereby authorize Released Parties to provide, arrange, or obtain emergency medical care, treatment, or transportation (in accordance with reasonable medical care standards) for myself and my minor child as deemed necessary in the sole discretion of the Released Parties. I acknowledge and agree that I am fully responsible for all costs, expenses, and fees associated with such medical care, including but not limited to hospital, ambulance, physician, and pharmaceutical charges. I further release, waive, and hold harmless the Released Parties from any liability, claims, or damages arising out of or in connection with the provision of such emergency medical treatment, except to the extent caused by the gross negligence or intentional misconduct of the Released Parties. I understand and agree that I and/or my minor child are solely responsible for maintaining adequate medical/health insurance. 7. COVID‑19 / Communicable Disease Acknowledgment I fully understand, acknowledge, and accept that my participation and/or my minor child’s participation in play activities at Location may involve exposure to communicable diseases, including but not limited to COVID‑19, influenza, or other viral, bacterial, or infectious agents. I voluntarily assume all risks associated with such exposure, whether occurring on the premises or during related activities, and on behalf of myself, my minor child, and all related parties, I hereby release, waive, discharge, and covenant not to sue the Released Parties from any and all claims, demands, actions, causes of action, liabilities, or damages of any kind arising out of or in connection with illness, infection, or exposure to communicable diseases, except to the extent caused by the gross negligence or intentional misconduct of the Released Parties. 8. Media and Photo Release I, on behalf of myself and/or my minor child, hereby grant Released Parties the irrevocable, worldwide, royalty-free right and permission to photograph, videotape, record, or otherwise capture images or likenesses of my minor child during participation in activities at the facility. I further authorize the Released Parties to use, reproduce, publish, distribute, and display such media for any lawful purpose, including but not limited to promotional, marketing, advertising, or educational purposes, without compensation or additional approval. I release, waive, and hold harmless the Released Parties from any claims, demands, or causes of action arising out of or in connection with the use of such media, except to the extent prohibited by applicable law. 9. No Refunds I fully understand, acknowledge, and accept that all fees paid are non-refundable under any circumstances. I expressly waive any right to request a refund, return, or credit of any portion of the fees, and understands that payment constitutes full and final acceptance of the terms of this Agreement. 10. Governing Law This Parental Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement (“Agreement” or “Release”) shall be governed by, interpreted, and enforced in accordance with the laws of the State of Florida (without regard to its principles of conflicts of law). 11. Arbitration & Severability Any dispute, claim, or cause of action arising out of this Release shall be settled by mandatory, confidential, final, and binding arbitration in Miami, Florida and administered by and in accordance with the rules of the American Arbitration Association. I shall not be entitled to join or consolidate claims in arbitration by or against other individuals or entities or arbitrate as a representative member of a putative class or in a private attorney general capacity. The arbitrator shall have the power to award any remedies available under applicable law; provided, however, that the arbitrator shall have no authority to award punitive or other monetary damages not measured by the prevailing party’s actual damages, except as may be required by statute. Any award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other case except to enforce the award itself. If any portion of this Release shall be held invalid or unenforceable, the remaining portion hereof shall not be affected thereby and shall remain in full force and effect. If any provision of this Release or this arbitration clause is determined by a court or arbitrator of competent jurisdiction to be invalid, unenforceable, or void, the remaining provisions shall remain in full force and effect, and the invalid or unenforceable provision shall be reformed to the maximum extent permitted by law to give effect to the original intent of the parties. 12. Representations and Warranties By signing this Agreement, I, the undersigned parent or legal guardian, represent and warrant on behalf of myself and my minor child(ren) that: (i) I have the legal authority to execute this Agreement on their behalf; (ii) my minor child(ren) is/are in good health and physically capable of participating in the activities offered at the facility, and I have disclosed any known medical conditions or limitations; (iii) my minor child(ren) will comply with all posted rules, staff instructions, and safety procedures while on the premises; (iv) all information provided in this Agreement is true and accurate to the best of my knowledge; (v) I have not executed any conflicting agreement or waiver that would diminish the effect of this Agreement; (vi) I have read and understand the inherent risks of participation and voluntarily assume all such risks on behalf of my minor child(ren); and (vii) I have the legal authority to grant permission for the facility to photograph or record myself and my minor child(ren) for promotional or marketing purposes. 13. Electronic Signature I agree that I can sign this Agreement electronically, including by typing my name, using a digital signature, or signing a PDF or online form. I understand that my electronic signature is just as valid and legally binding as signing a paper copy with a pen. READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF AP PLAYROOM LLC (D/B/A TWO BROTHERS MIAMI) USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM AP PLAYROOM LLC (D/B/A TWO BROTHERS MIAMI) IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND AP PLAYROOM LLC (D/B/A TWO BROTHERS MIAMI) HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM. Today's Date: November 3, 2025 |