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DISCOVERY KIDS WELLNESS LLC DBA JETSETTER KIDS CLUB PARTICIPANT WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT 

PLEASE READ CAREFULLY – THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR RIGHTS

By signing this document, you are releasing Discovery Kids Wellness LLC, dba Jetsetter Kids Club, its owners, affiliates, employees, volunteers, contractors, and the property owner/landlord JP Platinum Properties, Inc. (collectively, “JKC Parties”) from any and all liability, and waiving your rights and the rights of your child(ren)/ward(s) to sue the JKC Parties for any injury, illness, damage, or loss resulting from your presence and/or participation in any services or activities on the JKC premises.

PARTICIPANT RESPONSIBILITIES:

In exchange for participation in programs and activities organized and/or conducted by Discovery Kids Wellness LLC, DBA Jetsetter Kids Club (hereinafter referred to as "JKC"), and/or use of the property, facilities and services of JKC, I, the undersigned parent/legal guardian, on behalf of myself and my minor child(ren), agree to the following:

1. Agreement to Follow Directions. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by JKC, or the employees, representatives or agents of JKC.

2. Health, Safety & Wellness Policy. I affirm that I, and any minor children for whom I am responsible, are in good health and physical condition and are not experiencing any symptoms of illness, including but not limited to fever, cough, shortness of breath, or loss of taste/smell. I agree not to attend JKC if I or any of my minor children have tested positive for a communicable illness, been in close contact with someone who has tested positive within the past 10 days, or are otherwise subject to quarantine/isolation guidelines. JKC reserves the right to refuse entry to any individual who appears ill or who has not complied with these health standards.

3. Assumption of Risk and Release of Liability. I acknowledge that participation in indoor play, enrichment activities, and other recreational programs naturally involves inherent risks, including but not limited to illness, personal injury, property damage, or death, whether caused by myself, my child(ren), others, conditions on the premises, or the equipment used. I voluntarily assume all risks associated with participation in any and all activities at or through JKC, whether known or unknown, foreseeable or unforeseeable.

To the fullest extent permitted by New York law, I agree not to hold JKC or its affiliates, agents, employees, officers, volunteers, landlords, lessors, or contractors (“JKC Parties”) liable for any injury, illness, or damage resulting from the inherent risks of the activities or from my own or my child’s failure to follow the rules or directions.

4. Indemnification. I agree to indemnify and defend JKC Parties against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, arising from my or my child(ren)’s participation in the programs and use of the facilities.

5. Fees. I agree to pay for all damages to the facilities of JKC caused by the negligent, reckless, or willful actions of myself or my child(ren).

6. Medical Authorization. In the event of an injury or medical emergency, I authorize JKC to obtain medical treatment for myself or my minor child(ren) on my behalf and agree to be financially responsible for any such costs incurred. I release JKC from any liability related to medical care rendered in good faith.

7. Photographic Release. I grant to JKC and its authorized representatives the right to take photographs or videos of me and/or my child(ren) in connection with any JKC activity and to use and publish the same in print and/or electronically for lawful promotional purposes. I understand that no identifying information will be used without additional written consent.

8. Liability for Property. I, on behalf of myself and my group (“My Group”), agree that Discovery Kids Wellness LLC DBA Jetsetter Kids Club is not liable to us or our guests for any personal property that is damaged, lost, or stolen while on or about the premises, including, but not limited to, a vehicle or its contents, or any property in a locker or otherwise.

9. Attorneys’ Fees. To the extent permitted by law, I promise to indemnify and pay Discovery Kids Wellness LLC DBA Jetsetter Kids Club for any attorneys’ fees and/or costs incurred to enforce the Mediation and Non-Binding Arbitration portions of this agreement, including all costs associated with any collection efforts.

10. Privacy. Please read our Privacy Policy available on our website for information about how Discovery Kids Wellness LLC DBA Jetsetter Kids Club collects, uses, and discloses information about you.

11. Mandatory Mediation. In the event of any dispute arising out of or relating to this agreement or the activities at JKC, the parties agree first to engage in good faith efforts to resolve the dispute through mandatory mediation in Suffolk County, New York, prior to initiating legal action. If the dispute is not resolved in mediation, the parties may pursue other remedies consistent with New York law. This clause does not waive any rights that cannot be legally waived, nor does it prevent either party from seeking immediate injunctive or equitable relief when appropriate.

12. Severability. If any part of this agreement is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

13. Applicable Law. This agreement shall be governed by the laws of the State of New York.

I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS AND ASSUME RISKS ON BEHALF OF MYSELF AND MY CHILD(REN).


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Today's Date: June 29, 2025

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Notice to Minor(s)’ Guardian and/or Parent

An individual MUST have reached the age of majority in their state of residence to sign this AGREEMENT on their own behalf. By signing this AGREEMENT, you are confirming that you have the authority to sign this AGREEMENT on behalf of the minor and that you are agreeing to let your minor child engage in the activities. To sign this AGREEMENT on behalf of any individual who is under the age of majority (a minor), an adult MUST be the minor’s parent or legal guardian or must be actually authorized to sign on the minor’s behalf.  



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.
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 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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