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LIABILITY WAIVER

THE HIVE PARTY AND PLAY, LLC CUSTOMER LIABILITY WAIVER

This Waiver and Release Agreement (“Agreement”) is entered into by and between The Hive, its owners, employees, agents, and representatives (collectively “the Company”), and the undersigned participant or the legal parent/guardian of the participant or adult that has obtained permission from the parent/legal guardian to execute this agreement on the participants behalf (collectively “Participant”).

1) Assumption of Risk: Participant acknowledges that using the indoor play studio facility carries inherent risks of injury, illness, or damage to personal property. Participant voluntarily assumes all risks, known and unknown, associated with the use of the Company’s facilities, even if arising from the negligence or fault of the Company or other participants. Participant has inspected the premises and believes them to be satisfactory and for the purpose of this activity. 

2) Release of Liability: Participant, on behalf of himself/herself and his/her heirs, assigns, personal representatives, and next of kin, hereby releases, waives, and discharges the Company from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, property damage, injury, or death, that may be sustained by Participant related to the use of the Company’s facilities. The Participant, and on behalf of Participant’s family, hereby releases, covenants not to sue, discharges, and holds harmless the Company, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. In addition, Participant agrees that any observation of hazard at the facility will be brought to the attention of the nearest THE HIVE employee or official immediately. The Parent/Guardian executing this document on the child’s behalf is responsible for that child's safety and behavior at all times each visit. The child is not to be left unattended at the facility at any time.

3) Policies and Regulations: Participant agrees to comply with all policies and regulations of the Company, as may be amended from time to time. Participant agrees to comply with all stated and customary terms, posted safety signs, rules, and verbal instructions as conditions for participation in any party and/or program at The HIVE Party and Play, LLC. Participant acknowledges that they have been given access to and have read, or have had the opportunity to read, the Company's policies. This includes, but is not limited to, a no-shoe policy within the playground area. The Company's most current policies can be found at THE HIVE website. 

4) Birthday Parties: Birthday parties or similar gatherings are strictly prohibited without reservation and payment through THE HIVE’s event scheduling. Reservations for private events must be made in advance and during designated times. Any attempt to host a birthday party or similar gathering during open play hours may result in immediate removal from the premises without a refund.

5) Photo Release: Participant grants the Company, its representatives, and employees the right to take photographs of Participant and Participant’s property in connection with the Company’s operations. Participant authorizes the Company to use and publish these photographs in print and/or electronically, including on social media platforms. Participant agrees that the Company may use such photographs of Participant without Participant’s name for any lawful purpose, including for example, such purposes as publicity, illustration, advertising, and web content.

6) Health and Safety Concerns: 

General Wellness Requirement: For the health and safety of all patrons and staff, children who are visibly ill or displaying symptoms of any illness, not limited to COVID-19, are not permitted to play in the indoor playground area. This includes but is not limited to symptoms such as fever, cough, runny nose, skin rash, stomach issues, or any other signs of contagious illness. If a child is suspected of being unwell, the Company reserves the right to ask the child and their accompanying guardian to leave the premises immediately.

7) Health and Safety Concerns Related to COVID-19:

a. Participant acknowledges the contagious nature of COVID-19 and voluntarily assumes the risk that they may be exposed to or infected by COVID-19 while on the premises, and that such exposure or infection may result in personal injury, illness, permanent disability, and death.

b. Participant attests that they and any minors under their supervision:

Are not experiencing any symptoms of illness such as cough, shortness of breath or difficulty breathing, fever, chills, muscle pain, headache, sore throat, or new loss of taste or smell.

Have not traveled internationally within the last 14 days.

Have not traveled to a highly impacted area within The United States in the last 14 days.

Do not believe they have been exposed to someone with a suspected or confirmed case of COVID-19.

Are not diagnosed with COVID-19 and are not yet cleared as non-contagious by state or local public health authorities.

c. Participant agrees to follow all COVID-19 infection prevention procedures established by the Company and to abide by all rules and guidelines set forth by local or state health agencies.

d. If any child or accompanying guardian shows signs of illness, especially those associated with COVID-19, they may be asked to leave immediately and may not return until they are symptom-free for a period specified by the Company or as recommended by local health authorities.

8) Miscellaneous:

a. This Agreement contains the entire agreement between the parties and supersedes all prior negotiations, understandings, and agreements between the parties.

b. If any provision of this Agreement is found to be invalid, the remaining provisions shall remain in full force and effect.

c. This Agreement shall be governed by the laws of The State of Kentucky and venue for any civil action filed shall be in Hopkins County, Kentucky.

e. Indemnification and Hold Harmless: I also agree to indemnify and hold harmless the Company from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees, arising out of Participant’s involvement, and to reimburse it for any such expenses incurred.

I, the undersigned, have read and understood this Waiver and Release Agreement, and I voluntarily sign it, intending to be legally bound.

Acknowledgment of Understanding: I have read this Waiver of Liability, Assumption of Risk, and Indemnity Agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I confirm that I am signing the agreement freely and voluntarily,and intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.

Today's Date: January 22, 2025


First Participant's Name

First Name*

Middle Name

Last Name*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.

I, the parent/legal guardian of the Participant, hereby agree to the above on behalf of the Participant.



By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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