RELEASE AND WAIVER OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT ROGUE PLAY: 5800 18th St. GREELEY, CO 80634 To promote safety, ROGUE PLAY inspects the property and all equipment on a regular basis. I hereby certify that I am the adult parent, guardian, legal custodian, legal representative, physical custodian, or the person otherwise responsible for: (first/last name of “participant child”), a minor child under the age of eighteen years, and I consent to his/her participation in the entertainment activities offered by ROGUE PLAY. In consideration for participant child being permitted to partake in the entertainment activities offered by ROGUE PLAY, I, the undersigned, acknowledge and agree to the following: 1. Assumption of Risk. I fully understand that participating or allowing the participant minor to partake in the activities offered by ROGUE PLAY involves risk of, but not limited to, skin lacerations, concussions, broken bones, muscle injuries, paralysis, other serious injuries, or in extreme circumstances, death. By signing, I understand that these injuries may not only result from participant child’s own actions, inactions or negligence, but also from the actions, inactions or negligence of others and/or the condition of the property, and as the adult responsible for the participant child, I voluntarily agree to assume this risk on behalf of the participant child. 2. Responsibility to Monitor. I understand that I or should the participant child partake in the activities offered by ROGUE PLAY, it is my responsibility to monitor the participant child at all times. This includes assuring that the participant child is using all equipment in the manor for which it was reasonably intended and following all posted rules. I acknowledge that I am responsible for any property or equipment damage caused by the participant child and/or myself, with the exception of normal wear and tear. I understand that during child’s participation, I am not to leave ROGUE PLAY facility for any reason. I acknowledge that I have read all rules posted in the facility, and agree that both myself, and the participant child under my supervision, will abide by said rules. 3. Use of Party Areas. I fully understand that should I rent, or otherwise be granted use of, the areas of the facility designated as the “Party Areas”, I am fully responsible for any applicable property and/or equipment damage, with the exception of normal wear and tear. I also understand that like all activities offered by ROGUE PLAY, involves risk of, but not limited to, skin lacerations, concussions, broken bones, muscle injuries, other serious injuries, or in extreme circumstances, death. By signing, I understand that these injuries may not only result from participant child’s own actions, inactions or negligence, but also from the actions, inactions or negligence of others and/or the condition of the property, and as the adult responsible for the participant child, I voluntarily agree to assume this risk on behalf of the participant child. Like all other activities at ROGUE PLAY, I acknowledge that I am responsible for monitoring the participant child at all times when celebrating birthday parties. 4. Covenant Not to Sue. I agree that neither myself nor the participant child, individually or through a legal representative, will make any claim against ROGUE PLAY, or any of its owners, employees, agents, attorneys, insurers and representatives, for any injury, damage, death or any other loss arising from or related to participant child’s participation in the activities offered by ROGUE PLAY. 5. Release and Indemnification. I agree that myself and the participant child, shall forever release, waive, discharge, relinquish and indemnify from any and all actions, causes of action, claims, charges, demands, losses, damages, costs, attorney's fees, judgments, liens, indebtedness and liabilities of every kind and character, whether known or unknown, including foreseen or unforeseen bodily injury and personal injuries and property damage that may be sustained by the participant child or any other person in any way connected to, related to, or arising out of the participant child’s participation in the activities offered by ROGUE PLAY, regardless of any negligence of ROGUE PLAY. 6. Good Health. I warrant that the participant child is in good health and has no physical condition that would prevent them from, or heighten the risks associated with, participating in the activities offered by ROGUE PLAY. 7. Venue. This agreement is governed by the law of the state of Colorado. Participant and ROGUE PLAY agree to subject themselves to the law of this state. 8. Severability. If any provision of this agreement is held to be invalid or unenforceable under Colorado law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect. I have carefully read this Release and Waiver of Liability and Assumption of Risk Agreement (the “Agreement”) and fully understand its contents. I am aware that I have given up substantial rights by signing the Agreement, and I am signing the Agreement voluntarily. As the adult responsible for the participant child, I have no obligation to allow said child to participate in the activities offered by ROGUE or sign this Agreement, but I desire to do so. November 21, 2024 |