Activity:
Use of Play Space and Structures, Use of Café The above-referenced participant, on behalf of participant and each minor(s) listed below (collectively the “Participant”), hereby acknowledges and voluntarily agrees that participation in the Little’s Loft play space, play structures, and/or café has inherent risks. As consideration for the agreement by Little’s Loft, LLC (“Little’s Loft”) and CHAW LLC and each of their respective parents, subsidiaries and affiliates, and their respective agents, officers, managers, members, consultants, employees, volunteers, successors and assigns (collectively the “Released Parties”) to allow Participant to participate in activities at Little’s Loft and/or use Little’s Loft play space, play structures, and café, Participant now agrees and certifies as follows: 1. Participant acknowledges and fully understands that Participant will be engaging in activities that may involve risk of serious injury which might result not only from Participant’s own actions, inactions, or negligence, but from the actions, inactions, or negligence of others, including any of the Released Parties, or the conditions of the premises or of any equipment or structures used. Further, that there may be other risks not known or not reasonably foreseeable at this time. The risks may include, but are not limited to, injuries which may occur as a result of: 1) Participant’s use of all amenities, equipment, and structures in the Released Parties’ building and facility and participation in any activity, event, private party, class, or program; 2) malfunctioning of any equipment or structures; 3) Participant’s slipping and/or falling while in the Released Parties’ building or facility, or on route to or from the building or facility, including adjacent hallways, including injuries resulting from the Released Parties’ negligence; and 5) contact with other persons in the Released Parties’ building or facility. 2. Participant expressly agrees and promises to accept and assume all the risks existing in each activity. Participant’s engagement in this activity is purely voluntary and Participant elects, in spite of the risks, to participate. Participant assumes all the foregoing risks and accepts personal responsibility for any damages following such injury. 3. Participant, and, as applicable, Participant’s heirs, assigns and personal representatives, hereby voluntarily releases, waives, forever discharges, and agrees to indemnify and hold harmless the Released Parties and other participants in the activity, from any and all liability for any and all claims, demands of causes of action which are in any way connected with Participant’s engagement in the activity or Participant’s use of the Released Parties’ equipment, structures, building, or facilities. 4. Participant has adequate insurance to cover any injury or damage Participant may cause or suffer while participating in these activities or, alternatively, Participant agrees to bear the cost of such injury or damage on its own. Participant has no known medical or physical conditions which could interfere with Participant’s safety in this activity, or else Participant is willing to assume and bear the costs of all risk that may be created, directly or indirectly, by any such condition. 5. Participant hereby authorizes the Released Parties to contact 911 or other emergency personnel as needed. 6. Participant has read the House Rules for Little’s Loft (available at https://www.littlesloftplaycafe.com/how-to-play ), as applicable, and Participant hereby agrees to adhere to all such Rules. 7. Participant hereby gives Little’s Loft the irrevocable right to take and use photographs or video of Participant in all forms and media and in all manners, including composite, for advertising or marketing, for publication or any other lawful purposes, and Participant hereby waives any right to inspect or approve the finished product, including written copy, internet, etc., which may be created in connection therewith. 8. This Waiver of Liability and Release will be governed by Missouri law without reference to the conflicts of law rules thereof. The exclusive venue for any proceeding arising from or related to this Waiver of Liability and Release shall be in St. Louis County, Missouri; and the parties irrevocably consent to the jurisdiction of such courts in any such proceeding, and waive any objections to venue laid therein. This Waiver of Liability and Release is intended to be as broad and inclusive as permitted by Missouri law, and if any portion thereof is held invalid or unenforceable, it is agreed that the balance shall, notwithstanding, continue in full force and effect and such invalidity or unenforceability shall not render invalid or unenforceable any of the other provisions of this Waiver of Liability and Release. By signing this document, I acknowledge that if anyone is hurt, or property is damaged during participation in this activity a court of law may find me to have waived my right to maintain a lawsuit against the Released Parties on the basis of any claim from which I have released them herein. I HAVE HAD SUFFICIENT TIME TO READ THIS ENTIRE DOCUMENT. I HAVE READ AND UNDERSTOOD IT, AND I AGREE TO BE BOUND BY ITS TERMS.
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