I acknowledge and agree, on behalf of myself and on behalf of my children and any other children that I accompany (the “Minor Participants”) to Applesauce Play-Cafe (the “Playground”), that this Agreement covers and is intended to release from all liability, to the maximum extent permitted by law, the Playground and its respective members, owners, officers, managers, shareholders, parent, subsidiaries, affiliates, volunteers, participants, employees, agents and all other persons or entities acting in any capacity on their respective or collective behalf (collectively, the “Released Persons”).
In consideration of receiving access to the Playground premises, equipment, classes, services, and activities (collectively, the “Activities”) I agree on behalf of myself and on behalf of my Minor Participants, as follows:
1. Assumption of Risk. I have full authority as a parent, guardian, or ward to bind the Minor Participants to this Agreement. Neither the Playground nor any other Released Persons provide child care services, and the Minor Participants and I are voluntarily participating in the Activities, which I acknowledge and agree are dangerous and entail both known and unknown risks, including the risk of injury, permanent disability, or death, which could be caused by various factors, including equipment or building malfunctions, lack of supervision, design flaws, equipment deterioration, slipping, falling, landing on or colliding with fixed objects or other people, as well as the negligence or omissions committed by me, the Minor Participants, or any Released Persons. I hereby voluntarily assume all such risks. I further acknowledge that the neither the Playground nor any other Released Person manufactures the equipment in its facilities, and therefore cannot be held liable for defective products.
2. Physical Fitness. My Minor Participants and I are physically fit and there are no medical or health factors that would prevent me or my Minor Participants from participating in the Activities safely.
3. Release of Liability. I hereby, on behalf of myself and my Minor Participants, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue the Playground or any other Released Person from any and all claims, demands, rights, actions, suits, causes of action, obligations, dets, costs, losses, charges, expenses, damages, judgments and liabilities, of whatever kind or nature, in law, equity or otherwise, whether now known or unknown, related to or arising (directly or indirectly) from my or my Minor Participant’s use of the Playground premises and participation in 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.
4. Release of Personal Property Liability. I hereby, on behalf of myself and my Minor Participants, acknowledge and agree that the Released Persons are not liable to me or my guests, Minor Participants for any personal property that is damaged, lost or stolen while on or about the Playground premises, including but not limited to, any vehicle or its content or any property in a locker/cubbie, whether or not the Released Persons were negligent.
5. Indemnification. I hereby agree to indemnify and hold harmless the Released Persons against any and all losses, liabilities, claims, obligations, costs, damages, and expenses whatsoever paid, incurred, or suffered by the Released Persons, including any attorney’s fees, costs, damages and judgments that the Released Person incurs as a result of any injury or damage caused by me, my guests or any Minor Participant.
6. Attorneys’ Fees. I agree to indemnify the Released Persons for any attorneys’ fees and any other costs incurred to enforce this Agreement, including costs associated with any collection efforts. Should any judgment accrue in favor of the Released Person, pre-judgment and post-judgment interest shall accrue thereon at the maximum legal rate.
7. Photo Release. By entering the Playground and participating in the Activities, I hereby grant the Playground on behalf of myself and the Minor Participants, the irrevocable right and permission to photograph and record me and the Minor Participants while in the premises and to use the photograph or recording and name, likeness, voice and appearance of myself or Minor Participants captured therein for promotional purposes. I waive any right to inspect or approve the use of the photograph and or recording, and I acknowledge and agree that the rights granted to this release are without compensation.
8. Term of Agreement. I understand that this agreement extents forever into the future and will have full force and legal effect each and every time I or my Minor Participants visit the Playground at the current location or any other location or facility.
9. Venue and Mediation. If a lawsuit is filed against any Released Person, I agree to the sole and exclusive venue of the County of Broward. I further agree that the substantive law of Florida shall apply without regard to any conflict of law rules. Prior to any lawsuit, I agree to participate in mediation, in person, with the Released Person to attempt to resolve the dispute without litigation.
10. Severability. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portion shall remain in full force and effect.
By electronically signing this document, checking the box below and then clicking “Accept Waiver” or by physically signing this document, I understand that I may be found by a court of law to have waived any right I or the Minor Participants may have to maintain any action against the Released Persons. I have had a reasonable and sufficient opportunity to read and understand this entire document and consult with legal counsel or have voluntarily waived my right to do so. I knowingly and voluntarily agree to be bound by all terms and conditions set forth herein. By signing below and clicking accept, 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 a parent, guardian or ward to bind the Minor Participant to this Agreement.