THE NOOK LLC Agreement of Use In consideration of the minor(s) listed below (hereinafter "The Minor(s)") being permitted to use the play area and/or the equipment, participate in any and all events and/or program(s) hosted either by The Nook LLC, and all of their agents, employees, principals, servants, successors, heirs, executors, administrators and all other persons firms, corporations, associations or partnerships with whom any of the former have been, are now or may hereafter be affiliated with ( hereinafter collectively "The Nook") or by a third party vender on behalf of The Nook at the premises located at 31R Pleasant Street, Newburyport, MA 01950 (hereinafter “Premises”), the undersigned, on or behalf of The Minor(s) listed herein and any personal representatives, agents, guardians, heirs and next of kin (herein collectively referred to as "The undersigned") identified below, hereby acknowledges, understands, agrees, accepts and is fully aware of any and all risks and hazards associated with participating in any of the activities, events, and/or programs being performed and/held on the Premises and further agrees as follows: I agree for myself and/or on behalf of the Minor(s) that we shall comply with any and all stated and customary terms, posted safety signs, rules, verbal and written instructions, verbal and written warnings, advice, and any and all conditions whether written and/or verbal, for play and participation in any activities, events, and/or programs at Premises and on behalf of The Nook. Further on behalf of myself and the Minor(s), my heirs, executors, administrators, successors and assigns, release, acquit and forever agree to hold The Nook harmless from any and all claims, actions, causes of action, demands, rights, damages, costs, loss of service, expenses and compensation whatsoever which the undersigned now has or which may hereafter accrue on account of or in any way growing out of any and all known and unknown, foreseen and unforeseen bodily and personal injuries and property damage and the consequence thereof resulting or to result from participation in any and all play and participation in any activities, events, and/or programs at Premises and on behalf of The Nook . I understand that myself and the Minor(s) will be asked to leave immediately if it is determined that either myself and/or the Minor(s) have caused physical bodily harm to another child, visitor, guest, invitee, Employee and/or Staff member of The Nook while on the Premises. I further shall indemnify and hold harmless The Nook, for any physical bodily harm caused to another child, visitor, guest, invitee, or The Nook, while on the Premises, by either myself and/or the Minor(s). No refund shall be issued if it is determined that either myself and/or The Minor(s) have caused physical bodily harm to another child, visitor, guest, invitee, and/or The Nook while on the Premises for any remaining visits and/or time already purchased by myself and/or for the benefit of The Minor(s). I understand and agree that in the event any employee, agent, staff member of The Nook, is under the belief that either myself and/or The Minor(s) are sick, ill, and/or unwell, I and the Minor(s) may be denied entrance to the Premises and/or asked to leave Premises immediately. Failure to leave the premises when asked to do so shall result in permanent banning from the Premises and/or any future events of The Nook as well as forfeiture of all prepaid playtime, and/or time purchased by myself and/or for the benefit of the Minor(s). I understand that both myself and The Minor(s) will be asked to leave immediately if it is determined that either myself and/or the Minor Children have caused damage and/or vandalized the Premises, equipment, facilities, property, and/or any other article(s) property owned, leased, rented and/or licensed by The Nook, and/or all of their agents, employees, principals, servants, and/or administrators. FURTHER I AGREE TO Pay for any and all damages to the Premises caused by myself and/or The Minor(s). I further shall indemnify and hold harmless The Nook, for any physical bodily harm caused to another child, visitor, guest, invitee, Employee and/or Staff member of The Nook, as result of the damage and/or vandalism of the Premises, equipment, facilities, property, and/or any other article(s) property owned, leased, rented and/or licensed by The Nook, while on the Premises, by either myself and/or The Minor(s). I hereby authorize and release The Nook staff to arrange for transport or arrange transport to a medical or dental facility, and/or call for medical help should The Nook deem this to be necessary in which I hereby agree to be personally responsible to pay for these services/arrangements. To use the play area and/or the equipment, participate in any and all events and/or program(s) hosted either by The Nook and/or by a third-party vendor on behalf of The Nook, each participant must sign this waiver form. Any Minor must have this form signed by their respective parent, legal guardian, caregiver, or a designated third party by the Minor’s parent and/or legal guardian. If a waiver is not signed by all participant(s), Minor(s), and/or parent(s)/caregiver(s), then no person(s), minor(s) and/or individual(s) within the party shall be permitted to use the play area and/or the equipment, participate in any and all events and/or program(s) hosted either by The Nook and/or by a third-party vendor on behalf of The Nook. If any term of this Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.
Rules of Play and Guest Responsibility ● Parents/caregivers must supervise and remain on premises with their children/minor(s) at all times. ● Parents/caregivers assume full responsibility for the conduct of their child/minor(s) while attending The Nook. ● Parents/caregivers will supervise their child(ren) and enforce safety rules at all times. ● The Nook is not responsible for loss, damage or theft to/of your property. Please do not leave bags, personal belongings, or strollers unattended. ● Glass (and other sharp objects), food, candy, gum and drinks are not permitted in the open play area. ● Water and/or formula are allowed only for children using and/or participating in activities at The Nook. All other foods/beverages must be consumed outside the play area. ● All participants (including children and their parents/caregivers) must remove shoes. Socks must be worn at all times in the facility and Play Area. No bare feet. For safety purposes, non skid socks are encouraged and highly recommended within the Play Area. ● Parents/caregivers are responsible to ensure that the Minor Child(ren) in their care and/or custody are using the facilities in the way said facilities were intended to be used. Examples include but are not limited to, not playing on the ramp, not climbing the toy structures, not throwing toys/articles against the wall or at other guests, not using the building blocks as a climbing structure, etc). If any parent/ caregiver is unsure of the proper use of the facility, they are responsible for asking an employee. ● If the Minor Child(ren) and/or caregiver appear to be hurt, injured, sick, and/or ill, they shall immediately leave the play area and/or facilities and inform the nearest Nook staff member of any bodily fluids or incidents, when and if it is reasonable to do so. ● Minor child(ren) must always be accompanied by their respective caregiver/parent when using the bathrooms. At no time shall any minor child be left alone in this area. ● In addition, if I observe any hazard(s) during our participation, I will bring it to the attention of the nearest Nook employee, agent, staff member and/or third party vendor immediately. ● There are no refunds on gift certificates, play packs or monthly memberships (used or unused). ● All discounts and promotions may not be combined or applied to previous purchases; one per transaction. ● An open play drop-in is valid for up to 2 hours in one play session and must be used in one session and not split or transfered to another person. ● The only time a child/minor may be left in the care of The Nook and their employees/representatives is during a specified class to which the parent/guardian has registered said child/minor for and only for these specified classes. ● If a minor/child(ren) damages, breaks, or destroys any of the articles within the play area, parents/guardians will be responsible for reimbursement to The Nook in full for that article. ● If a minor/child(ren) damages, breaks, or destroys any of the property belonging to The Nook, the parent/ guardian will be responsible for reimbursement to The Nook in full for the damage to the property and/or repair necessary. Any individual in violation of the rules of play will be asked to leave immediately and no refund shall be issued if it is determined that they have failed to adhere to the “Rules of Play” and/or any further rules and/or regulations promulgated by The Nook, State, Federal and/or local government agency, bureau and/or facility. I certify that I am the parent/legal guardian/caregiver of the child/minor(s) associated with this account, or I have obtained permission from the parent/legal guardian of the child/minor(s) associated with this account, to execute this agreement on their behalf. I further represent that the participants are healthy and physically able to participate in any and all undertaken activities. I have read and understand the terms of this Agreement and agree to the terms and release of liability.
Today's Date: January 22, 2025
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