This Release and Waiver of Liability Agreement is a legally binding agreement. By signing this liability waiver, you agree to waive certain legal rights, including the right to sue Buchanan Fields Golf Club LLC d/b/a Skylinks at Buchanan Fields and its affiliates. Please read carefully and ensure your understanding before signing. 1. Parties; Minor Participant; Definitions a) Parties. This Release and Waiver of Liability Agreement (this Agreement) is between: i. “Skylinks”. Buchanan Fields Golf Club LLC a California limited liability company with its principal place of business at 1 Sansome Street, Suite 3500, San Francisco, CA 94104 (Skylinks), on its own behalf and on behalf of its parents, subsidiaries, affiliates, successors, assigns, officers, directors, members, managers, shareholders, employees, agents, contractors, volunteers, insurers, and representatives (collectively, the Released Parties); and ii. Parent/Guardian. The undersigned adult (Parent/Guardian) who is the parent or legal guardian of the minor child(ren) listed below and who has authority to sign this Agreement. b) Minor Participant(s).Minor Participant or Minor means each child listed in the following section. c) Kids Zone Play Area refers to the play area at Skylinks at Buchanan Fields, including but not limited to bouncy houses, slides, obstacle courses, climbing structures, and mazes. d) Activities.Activities means any use of the Kids Zone Play Area, including entering/exiting, playing on equipment, participating in events/parties, and moving through common areas. e) Consideration. In exchange for being allowed to enter and use the Premises and Kids Zone Play Area, Parent/Guardian agrees to the terms of this Agreement. 2. Use of Kids Zone Play Area; Rules and Supervision a) Following Rules. Parent/Guardian agrees to follow (and ensure Minor follows) all posted rules, warnings, and staff instructions. b) Age/Size/Ability Limits. Parent/Guardian agrees Minor will use only areas and equipment that are appropriate for Minor’s age, size, and abilities, as indicated by signage or staff. c) Wristband Requirement. Parent/Guardian acknowledges and agrees that each Minor must wear a wristband provided by Skylinks staff prior to and during any participation in the Activities. i. Wristbands shall only be issues after this Release and Waiver of Liability is signed by Parent/Guardian. Minor(s) without a wristband shall not be permitted to participate in Activities at the Kids Zone Play Area. d) Supervision. Skylinks does not provide individual supervision. Parent/Guardian understands and agrees that: i. Parent/Guardian is responsible for actively supervising Minor(s) at all times while on the Premises; and ii. Skylinks is not providing childcare services. e) Noticing and Reporting Hazards. Parent/Guardian agrees to promptly tell Skylinks about any condition that seems unsafe and to keep Minor away from anything that appears damaged or unsafe. f) Right to Refuse or End Access. Skylinks may deny or end access to the Premises or Kids Zone Play Area if Parent/Guardian or Minor does not follow rules or if Skylinks believes continued participation is unsafe or disruptive. 3. Acknowledgment and Assumption of Risks a) Capacity and Ability to Sign. The signatory below certifies that he/she is the parent or legal guardian of the Minor(s) identified in this agreement. b) General Understanding. Parent/Guardian understands that children’s play and physical activity involve risks that cannot be eliminated. Parent/Guardian further acknowledges that the risks present at the Kids Zone Play Area may result in minor injuries, serious injuries, or even death. c) Examples of Risks Being Assumed (Not an Exhaustive List). These risks may include: i. Slips, trips, and falls; ii. Falling from or jumping off equipment; iii. Bumping/collisions into equipment, walls, or other people; iv. Contact with other children’s behavior (including rough play); v. Pinches, scrapes, bruises, sprains, strains, fractures, concussions or any other bodily injury; vi. Allergic reactions; vii. Illness or exposure to communicable diseases; viii. Injuries related to equipment use or unexpected equipment issues/failures; ix. Property loss or damage; and x. Injuries occurring due to conditions caused by weather or environmental conditions d) Voluntary Participation. Parent/Guardian is choosing to allow Minor to participate and accepts/undertakes these risks. e) Health. Parent/Guardian represents that Minor is healthy enough to participate and will not participate if sick or injured. Parent/Guardian further confirms that the Minor(s) are physically capable of participating in the Activities and do not have any health conditions that could be aggravated by the Activities. 4. Release of Liability and Promise Not to Sue a) Release (To the Extent Allowed). To the fullest extent permitted under California law, Parent/Guardian (for themselves and, to the extent allowed, for Minor) releases the Released Parties from claims arising out of or related to Minor’s or Parent/Guardian’s participation in the Activities and use of the Kids Zone Play Area, including but not limited to claims based on negligence, premises liability, negligent supervision, negligent instructions, or any other theory of negligence of the Released Parties. This release applies to any injury, accident, or death sustained in connection with participation in the Activities to the extent permitted under California law. b) Not Covered. This Agreement is not intended to release claims that cannot legally be released, including claims based on gross negligence or intentional misconduct. c) Promise Not to Sue. To the fullest extent permitted under California law, Parent/Guardian agrees not to file or pursue a lawsuit against any Released Party for claims that are released under this Agreement. d) Minors’ Claims. Parent/Guardian understands that California law may limit a parent’s ability to waive a minor’s future claims, and this Agreement is intended to be enforced to the maximum extent allowed. 5. Indemnification and Hold Harmless To the fullest extent permitted under California law, Parent/Guardian agrees to defend, indemnify, and hold harmless the Released Parties from claims and expenses arising out of: a) The acts or omissions of Parent/Guardian or Minor while on the Premises; or b) Claims brought by or on behalf of Minor that are inconsistent with the releases and agreements in this Agreement, except to the extent such obligations are not enforceable or are prohibited by law. 6. Medical Treatment Authorization a) Emergency Care. If Minor is injured or becomes ill, Parent/Guardian authorizes Skylinks to provide basic first aid and to seek emergency medical care if Skylinks believes it is needed. b) Costs. Parent/Guardian is responsible for medical and transportation costs. c) Contact Efforts. Skylinks will try to contact Parent/Guardian or the emergency contact as reasonably possible under the circumstances. 7. Personal Property Parent/Guardian understands that Skylinks is not responsible for loss, theft, or damage to personal property brought onto the Premises. 8. Conduct and Safety Parent/Guardian agrees that Parent/Guardian and Minor will behave safely and respectfully, and will not engage in bullying, fighting, or unsafe conduct. Parent/Guardian further ensures and agrees that Minor will adhere to all safety rules, signage, and instructions provided by Skylinks staff. 9. Attorneys’ Fees for Breach of Contract In the event a claim or cause of action is filed for a breach of contract of Section 4(c) of this agreement, the prevailing party shall be entitled to recover costs and reasonable attorney’s fees. 10. Governing Law; Venue This Agreement is governed by California law, and any dispute will be brought in the state or federal courts located in the county where the Premises are located. 11. Severability; Entire Agreement a) Severability. If any part of this Agreement is found unenforceable, the rest will remain in effect to the fullest extent permitted. b) Entire Agreement. This Agreement is the entire agreement regarding participation in the Activities and use of the Kids Zone Play Area. 12. Signature By signing below, I represent that I have carefully read this Release and Waiver of Liability Agreement, that I fully understand the terms, and now voluntarily agree to be bound by the terms of the Agreement. I understand that by signing this Release and Waiver of Liability, I will be giving up certain legal rights, including the right to sue the Released Parties to the fullest extent allowed under California law. Date: April 23, 2026 |