We are very excited to have you and playmates at Lina’s Little’s Play Café, LLC. In order to participate in activities, you must have this Waiver and Release of Liability (the “Agreement”), completed. At Lina’s Little’s Play Café, LLC, you should understand that by using our facilities, equipment and playground, you agree that you will obey all the Rules of the Playground. In consideration of use and participating in Lina’s Little’s Play Café, LLC (herein after “Lina’s Little’s”) premises, equipment, services, and any other amusement or recreation activities (hereinafter “Activities”), and for other good and valuable consideration, I, on behalf of myself and my child(ren), minors, parents, heirs, assigns, personal representative and estate, (hereinafter collectively and individually referred to as “Participants”), agree as follows: 1). TERM OF AGREEMENT. I understand that this agreement extends indefinitely into the future and will have full force and legal effect each and every time I or my Participants visit Lina’s Little’s. A. By signing this Agreement, I also agree that all releases, waivers, and promises herein are binding on the minor participant(s) listed below, and I further agree that I have full authority as Parent/Guardian to bind the minor Participants to this Agreement. 2). USE OF FACILITIES – ACTIVITIES. When you are at Lina’s Little’s, you understand that supervision is required for all Participants at all times. You must not leave your Participants unattended at Lina’s Little’s at any point in time for any reason. You agree that you will not use the facilities or participate in any Activities which are hereby expressly stated to be for children as an adult. A. I understand that the employees of Lina’s Little’s are not responsible for Participants who utilize Lina’s Little’s facilities and Activities; it is the responsibility of the undersigned individual to supervise any Participants they bring into Lina’s Little’s. 3). ASSUMPTION OF RISK. I also understand that the Activities entail the risk of severe bodily injury to the Participants. Injuries that could result may vary, but could include: (a) minor injuries such as scratches, bruises and sprains, (b) major injuries such as eye injury or loss of sight, joint or back injuries, concussions, and/or broken bones, and (c) catastrophic injuries, including paralysis and even death. I understand such risks simply cannot be eliminated, despite the use of safety equipment without jeopardizing the essential qualities of the Activities. A. I understand that, Lina’s Little’s cannot eliminate all risks or guarantee the safety of the Participants, even when participating in the Activities. I understand these risks, and voluntarily assume the risks knowingly and willingly on behalf of all Participants associated with me. Notwithstanding these risks and other hazards that may be foreseeable but not specifically identified herein, I, for myself and any Participants understand, acknowledge, and expressly and voluntarily assume all risks and full responsibility for any sickness or injury arising out of or related to the Activities. 4). RELEASE OF LIABILITY. I hereby voluntarily and based upon my informed decision, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue Lina’s Little’s and its owners, directors, officers, employees, agents, volunteers, participants, manufacturers and installers, and all other persons or entities acting for them (hereinafter collectively referred to as "Releasees"), from any and all claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, damages, judgments and liabilities, or whatever kind of 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 my child(ren)/ward(s) use of Lina’s Little’s premises, equipment, services and activities, including without limitation any claim for negligence, arising from property damage, personal or bodily injury, emotional injury, illness, or death, to the maximum extent allowed by law. 5). INDEMNIFICATION AND HOLD HARMLESS. I voluntarily agree to indemnify Lina’s Little’s and hold Lina’s Little’s harmless from, without limitation, any and all losses, claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees and costs, incurred due to claims brought by any party as a result of or arising out of my or my minor Participant’s involvement in the Activities and agree to reimburse Lina’s Little’s for any such costs, expenses and fees as they are incurred. 6). SECURITY CAMERA RELEASE: By entering Lina’s Little’s and participating in the Activities, I hereby acknowledge and consent to Lina’s Little’s use of security cameras for the safety of all parents, Participants, employees and caregivers, and consent to the use of said security cameras and their photographs, recordings, video graphics, and other type of digital media collected at Lina’s Little’s. I waive any right to inspect or approve the use of the photograph and/or recording, and acknowledge and agree the rights granted to this release are without compensation of any kind. 7). ATTORNEYS’ FEES. I promise to indemnify and hold harmless Lina’s Little’s for any attorney’s fees and/or costs incurred to enforce this agreement, including all costs associated with any collection efforts. 8). I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. 9). You agree that when you are in the playground you understand that supervision is required for all Participants at all times. You must not leave your Participants unattended at Lina’s Little’s at any point in time for any reason. You agree that you will not use the facilities or participate in any Activities which are hereby expressly stated to be for children as an adult. 10). I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF ALL LIABILITY AND A WAIVER OF ANY RIGHT THAT I MAY HAVE ON BE HALF OF MYSELF AND OR MY CHILD/WARD TO BRING A LEGAL ACTION OR ASSERT A CLAIM FOR INJURY OR LOSS OF ANY KIND AGAINST LINA’S LITTLE’S PLAY CAFÉ, LLC. SHOULD ANY CLAIM BE MADE, I UNDERSTAND AND AGREE THAT I WILL BE RESPONSIBLE FOR ALL ATTORNEYS FEES AND DEFENSE COSTS INCURRED BY LINA’S LITTLE’S PLAY CAFÉ, LLC IN CONNECTION WITH OR IN THE DEFENSE OF THAT CLAIM. I have read and understood this document and I voluntarily and knowingly agree to be bound by its terms. Electronic Signature Statement. By electronically signing this document and then clicking “Submit Waiver” or by physically signing this Agreement, I certify all the information provided is accurate. I understand that the submission of this form is the legal equivalent of my manual signature, and I consent to be legally bound by this Agreement's terms as listed above, as if I had physically signed the Agreement. Date: October 4, 2024 |