This Agreement is made on the date at the end of this agreement, BETWEEN: NOSTALGIA GAMES CAFE Inc. (“Nostalgia”), which includes its officers, directors, employees, and contractors, providing use of the facility (the “Facility”) located at 2178 Mountain Grove Ave, Burlington, Ontario, L7P 5A8, AND The Parent/Guardian (the “Guardian/Parent”) listed below, being a legally competent adult over 18 years of age, resident of Ontario or Canada, with authority and capacity to enter this Agreement. The Participant (“Participant”), listed below, is a minor under 18 years of age and resident of Ontario.
Terms and Rules of the Facility 1. The Guardian/Parent affirms that: a) they are the parent of the Participant with full parental rights, OR b) they are the legal guardian of the Participant, OR c) they are duly authorized to act for and supervise the Participant. 2. Each Participant must be supervised by a responsible Guardian/Parent at all times. 3. A responsible Guardian/Parent is an adult (18+) who agrees to use reasonable care and judgment to supervise and protect the Participant. 4. One Guardian/Parent may supervise a maximum of three (3) children. 5. Admission is for a one-time visit, non-transferable and non-refundable. A signed Agreement is required for each visit or annually renewed. 6. Safe play and conduct are always required. No running, climbing, fighting, rough play, wrestling, or other unsafe behaviour. 7. Participants must remove shoes, wear socks, and maintain clean hygiene. 8. No one may attend while ill or with any communicable condition. 9. Profanity, yelling, or disturbing conduct is prohibited. 10. The Guardian/Parent agrees to monitor the Participant to ensure toys, games, and play areas are age-appropriate and safe. 11. Any unsafe condition (e.g., spills, defects, accidents) must be reported immediately to Nostalgia staff. Assumption of Risk 12. The Guardian/Parent acknowledges that indoor play carries inherent risks, including choking, slips, trips, falls, collisions with other participants, and injury from toys, games, or equipment. 13. The Guardian/Parent voluntarily assumes these ordinary risks on behalf of themselves and the Participant. Limitation of Liability 14. Nostalgia shall not be liable for any injury, loss, or damage arising from participation in play activities except where caused by Nostalgia’s gross negligence, wilful misconduct, or breach of statutory duty under the *Occupiers’ Liability Act, RSO 1990, c. O.2.* Parental Supervision 15. Children must be supervised by the Guardian/Parent at all times. Nostalgia does not provide childcare or supervision. Claims by Children 16. Nothing in this Agreement limits or excludes the rights of a child Participant to pursue a claim in law. This Agreement operates only to limit or release the Guardian/Parent’s own rights and claims. Indemnity 17. The Guardian/Parent agrees to indemnify Nostalgia only for claims arising from the Guardian/Parent’s own negligence, failure to supervise, or breach of this Agreement. Release 18. The Guardian/Parent releases Nostalgia from any claims arising from use of the Facility except where caused by Nostalgia’s gross negligence, wilful misconduct, or breach of statutory duty. Rules and Enforcement 19. The Guardian/Parent agrees to ensure all rules are followed by the Participant(s), guests, and family members. 20. Nostalgia may terminate use of the Facility immediately for failure to follow rules. Legal Terms 21. This Agreement constitutes the entire agreement between the parties. Amendments must be in writing and signed. 22. This Agreement is governed and interpreted with the laws of Ontario and subject to the exclusive jurisdiction of the Ontario courts in Burlington, Ontario. 23. This Agreement shall be interpreted in accordance with Ontario law, including the Occupiers’ Liability Act. Waiver of Claims 24. The Guardian/Parent waives their own claims against Nostalgia for ordinary negligence, to the fullest extent permitted by law, but nothing in this Agreement releases Nostalgia from liability for gross negligence, wilful misconduct, or breach of statutory duty. 25. This Agreement is valid for up to 12 months from the date of signing, unless revoked earlier in writing. Confirmation I confirm that I have read and understood this Agreement. I understand that by signing, I am waiving or limiting certain rights of my own but not those of my child(ren). I also confirm, represent and warrant that all information provided is true, accurate, and complete.
November 11, 2025 |