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WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT 

This Waiver and Release of Liability (“Agreement”) is executed by the undersigned adult (“Parent/Guardian”) on behalf of the minor child named below (“Minor Participant”) in favor of D & D STYLES LLC., d/b/a BLOOM AND PLAY, its owners, operators, managers, members, employees, agents, insurers, contractors, affiliates, successors, and assigns (collectively, the “Released Parties”). This Agreement affects your legal rights. If you do not understand it or do not agree with any part of it, do not sign it. A Spanish version is available upon request.

Parent/Guardian acknowledges and agrees that they are signing this Agreement both in their individual capacity and in a representative capacity on behalf of the Minor Participant(s), and that all rights waived and obligations assumed herein apply fully to both the Parent/Guardian and the Minor Participant.

DEFINITIONS

For purposes of this Agreement, the following terms shall have the meanings described below, which apply throughout the entire Agreement and bind the Parent/Guardian, the Minor Participant, and any person who accompanies the Minor Participant.

1. “Agreement” means this Waiver and Release of Liability, Assumption of Risk, Indemnification, Mediation and Arbitration Agreement, and all provisions contained herein.

2. “Parent/Guardian” means the individual signing this Agreement, acting in their individual capacity and in a representative capacity on behalf of the Minor Participant, and includes any individual with legal or custodial authority to make decisions for the Minor Participant.

3. “MinorParticipant” means the minor child identified below whose participation in indoor recreational activities is covered by this Agreement. The Minor Participant is legally bound through the Parent/Guardian’s signature.

4. “Premises” means the indoor recreational facility known as BLOOM AND PLAY including all buildings, interior spaces, entrances, corridors, restrooms, play areas, equipment, slides, climbing areas, obstacle courses, mini trampoline areas, pretend-play sections, soft-play structures, seating areas, and all adjoining or related areas owned, leased, controlled, or operated by the Released Parties.

5. “Activities” means all recreational, physical, or interactive activities offered at or occurring within the Premises, including use of slides, obstacle courses, climbing features, a mini trampoline, imaginative and pretend-play zones, soft-play areas, and general physical movement such as running, jumping, balancing, climbing, and interacting with equipment and other participants.

6. “ReleasedParties” means D & D STYLES LLC., d/b/a BLOOM AND PLAY, along with all owners, operators, landlords, lessors, members, officers, directors, employees, volunteers, agents, insurers, contractors, affiliates, successors, assigns, and any individual or entity involved in the operation, construction, design, management, or maintenance of the Premises.

7. “InherentRisks” means all dangers or hazards intrinsic to or inseparable from the Activities, falls, slips, trips, collisions with objects or other children, impacts with equipment or flooring, injuries resulting from elevated play structures, awkward landings or imbalance on the mini trampoline, injuries arising from running or climbing in obstacle areas, physical strain, sprains, fractures, scratches, bruises, eye injury or loss of sight, joint or back injuries and concussions, paralysis, unpredictable conduct by other children and even death.

8. “Claim” or “Claims” means any demand, cause of action, lawsuit, arbitration, complaint, allegation, or assertion of liability or damages of any type, whether in law or equity, arising out of or relating to the Activities or the Minor Participant’s presence on the Premises.

9. “OrdinaryNegligence” means the failure to use reasonable care under the circumstances, as opposed to gross negligence, recklessness, or intentional misconduct, which are not released under this Agreement.

10. “Dispute” means any controversy, disagreement, claim, or issue arising out of or relating to this Agreement, the Activities, or the Premises.

11. “They,” “Them,” and “Their” shall mean and include the Parent/Guardian, the Minor Participant, and any individual who accompanies the Minor Participant to the Premises, including siblings, additional minors, relatives, guests, caretakers, or any person under the Parent/Guardian’s supervision or responsibility.

RELEASE

In consideration of the Minor Participant(s) being permitted to enter and use the indoor park located at 9984 Pines Boulevard, Pembroke Pines, FL 33024 (the “Premises”), Parent/Guardian, individually and on behalf of the Minor Participant(s) agrees to the following terms:

1. DESCRIPTION OF ACTIVITIES. The Minor Participant(s) may engage in various indoor recreational activities within the Premises including but not limited to the use of slides, engagement in obstacle courses, climbing on or through play structures, crawl bridges, swings, slices, mazes, balance beams, use of a mini trampoline, general pretend play within designated imaginative play areas, and physical movement throughout the Premises such as walking, running, climbing, balancing, jumping, and interacting with soft-play and themed equipment (“Activities”). Parent/Guardian understands that each of these activities involves physical exertion and carries inherent risks.

2. ASSUMPTION OF RISK. Parent/Guardian acknowledges and agrees that the Activities offered at the Premises involve inherent and unavoidable risks of injury. These risks include but are not limited to falls, slips, trips, collisions with objects or other children, impacts with equipment or flooring, injuries resulting from elevated play structures, awkward landings or imbalance on the mini trampoline, injuries arising from running or climbing in obstacle areas, physical strain, sprains, fractures, scratches, bruises, eye injury or loss of sight, joint or back injuries and concussions, paralysis, unpredictable conduct by other children and even death. Parent/Guardian understands that these risks cannot be eliminated without altering the fundamental nature of the Activities. Parent/Guardian acknowledges and agrees that if They observe any unusual or significant hazard during Their presence or participation, They will remove Themselves and the Minor Participant(s) from the Premises and bring such to the attention of the nearest management employee immediately. By signing below, Parent/Guardian VOLUNTARILY AND KNOWINGLY ASSUMES ALL SUCH RISKS OF INJURY OR HARM, WHETHER KNOWN OR UNKNOWN, FORESEEABLE OR UNFORESEEABLE AND ASSUME FULL RESPONSIBILITY FOR THE PARTITION OF THEMSELVES AND MINOR PARTICIPANT.

3. COVID-19 ASSUMPTION OF RISK. Parent/Guardian acknowledges and agrees participation at the Premises includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist and Parent/Guardian agrees to comply with the stated and customary terms and conditions for participation with respect to protection against infectious diseases and if They observes any unusual or significant hazard during my presence or participation, They will remove Themselves from participation and bring such to the attention of the nearest management employee immediately. By signing below, Parent/Guardian VOLUNTARILY AND KNOWINGLY ASSUMES ALL SUCH RISKS OF INJURY OR HARM, WHETHER KNOWN OR UNKNOWN, FORESEEABLE OR UNFORESEEABLE AND ASSUME FULL RESPONSIBILITY FOR THE PARTITION OF THEMSELVES AND MINOR PARTICIPANT.

4. PARENT/GUARDIAN SOLE RESPONSIBILITY FOR SUPERVISION. Parent/Guardian understands and agrees that the Premises does not provide supervision of the Minor Participant(s) at any time. PARENT/GUARDIAN IS SOLELY AND FULLY RESPONSIBLE FOR SUPERVISING THE MINOR PARTICIPANT(S) AT ALL TIMES WHILE ON THE PREMISES and acknowledges that the Released Parties have no duty to supervise, monitor, or ensure the safety of the Minor Participant. PARENT/GUARDIAN ACCEPTS FULL RESPONSIBILITY FOR THE CONDUCT, SAFETY, AND ACTIONS OF THE MINOR PARTICIPANT DURING THEIR PRESENCE AT THE FACILITY. Parent/Guardian and Minor Participant(s) agrees to 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 Them or posted by the Released Party. 

5. PHYSICAL CONDITION OF MINOR PARTICIPANT. Parent/Guardian represents that the Minor Participant(s) is in good physical condition, has no known medical, physical, or mental condition that would make participation unsafe, and is capable of safely engaging in the activities described. Parent/Guardian agrees to immediately remove the Minor Participant(s) from any activity if their physical condition changes or if continued participation appears unsafe. 

6. RELEASE OF LIABILITY. Parent/Guardian, individually and on behalf of the Minor Participant(s), and/or on behalf of my spouse, as well as on behalf of my heirs, assigns, personal representatives and next of kin, hereby FULLY RELEASE, WAIVE, DISCHARGE, COVENANT NOT TO SUE AND HOLD HARMLESS AND WAIVES ANY AND ALL CLAIMS AGAINST THE RELEASED PARTIES arising out of or related to the Minor Participant(s) presence on the Premises or participation in any Activity, including but not limited to claims based on the ordinary negligence, illness, disability or death against any of the Released Party, whether known or unknown, foreseen or unforeseen, except to the extent caused by the gross negligence or intentional misconduct of the Released Party. This includes without limitation, claims for personal injury, disability, death, illness and property damage. This release includes, without limitation, claims alleging negligent supervision, negligent instruction, negligent failure to warn, negligent operation of equipment, or negligent maintenance of the facility. This release, discharge and covenant not to sue shall relate to any and all claims or legal rights now existing or arising in the future, including claims and legal rights arising out of any negligence of Released Party and/or its managers, members, employees and/or other agents and any other breach of a legal duty arising out of common law, statute, contract or otherwise. 

7. INDEMNIFICATION. Parent/Guardian agrees to defend, indemnify, and hold harmless the Released Parties, without limitation, from any and all claims, demands, causes of action, damages, losses, or liabilities brought by or on behalf of the Minor Participant, or brought by any third party arising out of the Minor Participant’s participation, conduct, or presence on the Premises. This includes responsibility for attorneys’ fees and costs as allowed by law.

8. SECURITY CAMERAS. Parent/Guardian understand that security cameras installed around and within the Premises are for the safety of all participants and may be referenced should any incidents or injury occur.

9. PHOTO RELEASE. Parent/Guardian grants the Released Party permission to use any photographs, video, or sound bites obtained of Parent/Guardian or any Minor Participant(s) at the Premises for any legal use including but not limited to: publicity, advertisement and web content. Parent/Guardian understand that no royalty or other compensation shall be payable to Parent/Guardian or any Minor Participant(s) by reason of such use.

10. RULES OF THE PREMISES. Parent/Guardian agrees to comply with all rules, instructions, warnings, and guidelines established by the Premises and to ensure that the Minor Participant behaves safely, responsibly, and appropriately at all times. PARENT/GUARDIAN UNDERSTANDS THAT FAILURE TO FOLLOW THESE RULES MAY RESULT IN REMOVAL FROM THE PREMISES WITHOUT REFUND.

11. NO REFUNDS. Parent/Guardian understands, acknowledges and agrees that all fees paid are non-refundable under any circumstances. Parent/Guardian expressly waives 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. 

12. LIMITATION OF LIABILITY. Notwithstanding anything to the contrary in this Agreement, to the fullest extent permitted by law, the Released Party liability to the Minor Participant(s) and/or to Parent/Guardian arising from ordinary negligence in connection with the Minor Participant(s) participation or my participation in the 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 Party. 

13. LIABILITY FOR PERSONAL PROPERTY. Parent/Guardian, individually and on Minor Participant(s) agrees that Released Party is not liable to Them 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 content or any property in a locker, table, or otherwise, whether or not Released Party was negligent.

14. NOTICE. Parent/Guardian acknowledges that they have had the opportunity to ask questions regarding this Agreement and its effects. Parent/Guardian understands that if they do not understand this Agreement, they must seek clarification before signing. If Parent/Guardian does not agree with any term in this Agreement, they must not sign it. Parent/Guardian further acknowledges that a Spanish version of this Agreement is available upon request prior to signing.

15. GOVERNING LAW. This Agreement is binding upon the Parent/Guardian, the Minor Participant, and their respective heirs, legal representatives, and assigns. It is governed by the laws of the State of Florida and shall be enforced to the fullest extent permitted by law.

16. PARENT OR LEGAL GUARDIAN CERTIFICATION AND CONSENT. I hereby certify that I am the parent or legal guardian of the Minor Participant(s) whose name(s) appear below, and I have authority to waive rights on behalf of the Minor Participant(s).

17. ARBITRATION PROVISION AND WAIVER OF JURY TRIAL. Parent/Guardian agrees that before initiating any lawsuit, claim, or legal proceeding against any of the Released Parties, Parent/Guardian shall first participate in good-faith pre-suit mediation with a mutually agreed-upon Florida Supreme Court–certified mediator. If mediation is unsuccessful or if the Released Parties and Parent/Guardian are unable to schedule mediation within a reasonable time, Parent/Guardian agrees that any dispute, claim, or controversy arising out of or relating to this Agreement, the Minor Participant(s) presence on the Premises, or participation in activities, shall be resolved exclusively through binding arbitration administered in accordance with the rules of the American Arbitration Association or another mutually agreed-upon arbitration provider. Parent/Guardian understands and agrees that by agreeing to arbitration, they and the Minor Participant(s) are WAIVING THE RIGHT TO HAVE ANY SUCH DISPUTE HEARD OR DECIDED BY A JUDGE OR JURY IN A COURT OF LAW. Parent/Guardian expressly waives any right to a trial by jury and agrees that the arbitrator’s decision shall be final and binding and may be enforced in any court of competent jurisdiction. Parent/Guardian further agrees that arbitration shall take place in the county where the Premises is located unless the parties agree otherwise.

18. ATTORNEYS’ FEES. Parent/Guardian agrees that if any claim, demand, action, or proceeding is brought against the Released Parties that is in any way related to, arises from, or is connected with the Minor Participant(s) presence on the Premises or participation in activities, or arises from any breach of this Agreement, Parent/Guardian shall be responsible for and shall pay the Released Parties’ reasonable attorney’s fees and costs incurred in defending against such claim. This obligation includes attorney’s fees and costs incurred during pre-litigation investigation, negotiations, and claim evaluation; fees and costs incurred in trial court proceedings; fees and costs incurred in arbitration or mediation; fees and costs incurred in any post-judgment or post-award proceedings; and fees and costs incurred in all appellate proceedings. Parent/Guardian agrees that this provision is intended to be broadly interpreted and fully enforceable under Florida law.

19. TERM OF THE AGREEMENT. Parent/Guardian understand that this Agreement extends forever into the future and will have full force and legal effect each and every time I and/or Minor Participant(s) visit the Premises. I agree that this Agreement is intended to be as broad and inclusive as is permitted by the laws of this state and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

20. NO ORAL REPRESENTATIONS. Parent/Guardian acknowledges and agrees that Released Party makes no representation as to the condition of the Premises or the safety of any structures or equipment that may be used at the Premises. Parent/Guardian accepts and shall use the Premises in its “AS IS” condition. Parent/Guardian acknowledges and agrees that they are not relying upon any representation or statement by the Released Party or the Released Party’s employees, agents, or representatives regarding this Agreement or the Premises, except to the extent such representations are expressly set forth in this agreement. 

21. SEVERABILITY. If any provision or portion of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.

22. ELECTRONIC SIGNATURE. Parent/Guardian agrees that They can sign this Agreement, including by typing their name, using a digital signature, or signing a PDF or online form. Parent/Guardian understands that the electronic signature is just as valid and legally binding as signing a paper copy with a pen. 

I HAVE READ AND I UNDERSTAND ALL OF THE PROVISIONS OF THIS DOCUMENT AND THE RISKS OF THE ACTIVITIES. I UNDERSTAND THAT THE ACTIVITIES COULD CAUSE INJURY AND EVEN DEATH. I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE TERMS OF THIS DOCUMENT AND I AM FREELY AND VOLUNTARILY SIGNING THIS DOCUMENT. THIS AGREEMENT, LIABILITY WAIVER, HOLD HARMLESSA AND INDEMNITY AGREEMENT HAS NO EXPIRATION DATE.

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 RELEASED PARTY 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 RELEASED PARTY 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 RELEASED PARTY HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.

Dated this day of June 12, 2026.

First Participant's Name
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Ninth Participant's Name
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Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


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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