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FUN VILLE LLC

Waiver, Release of Liability, Assumption of Risk, Indemnification, and Arbitration Agreement

This Waiver and Release (“Agreement”) is entered into by the undersigned individual (“I,” “me,” or “myself”), on behalf of myself and, if applicable, my minor child(ren)/ward(s) (collectively, “Participant(s)”), in consideration of being permitted to enter, use, and/or participate in any activities, services, or programs (collectively, the “Activities”) at FUN VILLE LLC (“FUN VILLE”), located at 114 Washington Ave, Belleville, NJ 07109.

By signing below, I acknowledge and agree to the following:

POLICIES AND PROCEDURES

(Subject to change at any time without notice)

  1. I assume full responsibility for my own safety and conduct, and for the supervision, safety, and conduct of my child(ren)/ward(s), while on or about FUN VILLE. I will remain on the premises at all times while my child(ren) is/are present.
  2. Limit two (2) parents/guardians per child.
  3. Please read all posted signs and observe age restrictions for each area.
  4. Baby Area is for children under 4 years. All children in this area must be supervised by a parent/guardian.
  5. For safety, children under 5 years of age may not enter designated older play areas.
  6. Socks are required for all adults and children in play areas. Outdoor footwear is prohibited.
  7. Do not bring any child(ren) who are ill or have communicable medical conditions. FUN VILLE reserves the right to refuse admission at its sole discretion.
  8. No rough play, bullying, fighting, or disrespectful conduct. Violation may result in removal without refund.
  9. No food or beverages in play areas. All food must remain in designated snack/party areas.
  10. Respect equipment, toys, staff, and other guests. No sharp or glass objects allowed.
  11. FUN VILLE is not responsible for loss, theft, or damage of personal property. Do not leave belongings unattended.
  12. FUN VILLE reserves the right to limit occupancy, close areas, or deny access at its sole discretion without refund.


ASSUMPTION OF RISK

I acknowledge and fully understand that entry into FUN VILLE and participation in the Activities involves inherent and unknown risks, including but not limited to:

  • Falls, collisions, bumps, sprains, fractures, concussions, scrapes, bruises, and other injuries;
  • Serious injuries including paralysis, disability, or death;
  • Exposure to bacteria, viruses, communicable diseases (including but not limited to COVID-19);
  • Risks arising from equipment malfunction, improper use of equipment, or acts/omissions of others;
  • Risks of negligent or emergency response, supervision, or rescue operations.

I knowingly and voluntarily assume any and all risks, whether known or unknown, including those arising out of the negligence or gross negligence of FUN VILLE and its Releasees (defined below).

WAIVER & RELEASE OF LIABILITY

I, on behalf of myself and my child(ren)/ward(s), hereby waive, release, acquit, and forever discharge FUN VILLE LLC, its owners, officers, directors, members, managers, employees, agents, affiliates, volunteers, contractors, landlords, successors, assigns, equipment manufacturers, and any other persons acting on its behalf (collectively, the “Releasees”) from:

  • Any and all claims, demands, obligations, liabilities, damages, losses, injuries, costs, or causes of action of any kind;
  • Whether arising from negligence, gross negligence, premises liability, product liability, contract, breach of warranty, deceptive trade practices, intentional torts, emotional distress, or any other legal theory;
  • Whether known or unknown, foreseen or unforeseen, realized or not realized;
  • Including but not limited to bodily injury, illness, death, property damage, lost wages, medical expenses, and loss of earning capacity;
  • Resulting directly or indirectly from participation in Activities at FUN VILLE.

This waiver is intended to be as broad and inclusive as permitted by New Jersey law.

INDEMNIFICATION & DEFENSE

I further agree to defend, indemnify, and hold harmless FUN VILLE and the Releasees from any and all claims, damages, costs, expenses, or liabilities (including attorney’s fees and court costs) arising out of or relating to:

  • My or my child(ren)’s/ward(s)’ participation in the Activities;
  • Any negligent, reckless, or intentional acts or omissions by me, my child(ren), or accompanying guests;
  • Any claims brought by third parties related to my or my child(ren)’s/ward(s)’ conduct.

If FUN VILLE must enforce this Agreement, I agree to pay all associated costs, including reasonable attorney’s fees, collection costs, and post-judgment interest at the maximum legal rate.

INSURANCE ACKNOWLEDGMENT

I certify that I and my child(ren)/ward(s) have adequate health, accident, and liability insurance to cover any injury, illness, or damages we may cause or sustain while at FUN VILLE, or that I shall bear full responsibility for all such costs.

SECURITY CAMERAS

I acknowledge and agree that FUN VILLE LLC uses video and audio recording equipment on its premises for the purposes of safety, security, and resolution of disputes. Such recordings may be reviewed in the event of an incident, injury, theft, or rule violation, and may be shared with law enforcement, insurance providers, or legal representatives if necessary. I understand these recordings are part of FUN VILLE’s standard safety practices and are not optional.

ARBITRATION & JURY WAIVER

Any controversy, dispute, or claim arising out of or related to this Agreement shall be resolved by binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) located within 25 miles of Belleville, NJ. Judgment on the award may be entered in any court of competent jurisdiction.

If arbitration is not pursued, the parties knowingly and voluntarily waive any right to a jury trial in any action or proceeding arising out of this Agreement.

GOVERNING LAW & SEVERABILITY

This Agreement shall be governed by the laws of the State of New Jersey. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

ACKNOWLEDGMENT

I HAVE CAREFULLY READ AND FULLY UNDERSTAND THIS AGREEMENT. I AM AWARE THAT THIS IS A LEGAL CONTRACT THAT AFFECTS MY LEGAL RIGHTS, INCLUDING WAIVING CLAIMS FOR NEGLIGENCE OR GROSS NEGLIGENCE. I SIGN IT FREELY AND VOLUNTARILY, WITHOUT INDUCEMENT OR COERCION, ON BEHALF OF MYSELF AND MY CHILD(REN)/WARD(S).

First Participant's Name
First Name*
Middle Name
Last Name*
Phone*
First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email*
Confirm Email*
Check to receive information, news, and discounts by e-mail.
Media Release
I consent to FUN VILLE LLC’s use of photos or videos of myself and/or my child(ren)/ward(s) for promotional, advertising, or marketing purposes. Such consent is optional and will not affect entry or participation.*
No
Yes
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.
Parent or Guardian's Name
First Name*
Middle Name
Last Name*
Relationship*
Phone*
Parent or Guardian's Date of Birth*
Date of Birth
Parent or Guardian's Signature*
Electronic Signature Consent*
 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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