Use Agreement, Release of claims, and Assumption of Risk The undersigned user (“User”), and User’s undersigned parent/guardian if User is less than eighteen (18) years old, agrees to all of the terms and conditions of this Use Agreement, Release of Claims and Assumption of Risk (this “Release”) in favor of Play Society LLC (collectively, “Play Society”), and the Additional Released Parties (as defined below) as a condition of User using the facilities (including, without limitation, any improvements thereon) owned and/or operated by Play Society located at 70 SW Century Drive Suite 110, Bend, OR 97702 (the “Facilities”) and/or any equipment or other personal property owned and/or operated by Play Society, owned and/or operated by any Additional Released Party, and/or otherwise located on or about the Facilities (collectively, “Equipment”): 1. Release of Claims; Limitation of Liability; Indemnity. In consideration of the use of the Facilities and/or Equipment, and as a material inducement for Play Society to permit User’s use of the Facilities and/or Equipment, User hereby releases Play Society and its successors, assigns, principals, directors, officers, members, managers, employees, contractors, landlords, subtenants/licensees, agents, representatives and other personnel (collectively, the “Additional Released Parties”), from and against any and all claims, actions, proceedings, damages, liabilities, and expenses of every kind (each a “Claim”), whether known or unknown and whether or not foreseeable, including, without limitation, Claims for or relating to property damage, bodily injury, illness, or death, that in any way relates to, results from or arises out of User’s use of the Facilities, Equipment, and/or any portion thereof. This release applies to any Claim for property damage, theft, bodily injury, illness, or death, even if caused by the negligence of Play Society or any Additional Released Party. The only Claims not released are those based upon the gross negligence or intentional misconduct of Play Society or any Additional Released Party. User will defend, indemnify, and hold harmless Play Society and the Additional Released Parties for, from and against any and all Claims, whether suffered directly or from a third-party claim, whether known or unknown and whether or not foreseeable, including but not limited to reasonable attorneys’ fees, that result from, relate to or arise out of User’s use of Facilities, Equipment, and/or any portion thereof. Without limitation, the foregoing indemnity extends to and includes all Claims for, relating to or resulting from (i) injuries, illness, or death to any person (including User); (ii) any damage or loss to the property of Play Society or any other property (including that owned by User or other users of the Facilities and/or Equipment); and (iii) violations of applicable law or this Release by User. 2. Assumption of Risks.User acknowledges and agrees that use of the Facilities and/or Equipment may be hazardous and involves risk both known and unknown. User acknowledges and agrees that the Facilities and/or Equipment are offered in their AS IS condition without representations or warranties of any nature including, without limitation, the safety or condition thereof. User understands and agrees that User is solely responsible for assessing the hazards, risks, and condition of the Facilities and/or Equipment and that User is the ultimate judge as to whether User should use the Facilities and/or Equipment. User voluntarily accepts all risks of using the Facilities and/or Equipment, whether patent or latent, including, without limitation, conditions created by Play Society and/or an Additional Released Party. 3. Capacity; Medical Care. User acknowledges and agrees that User is physically, mentally, and medically capable of using, and otherwise possesses the skill and experience necessary to use, the Facilities and/or Equipment. User consents to Play Society and/or any Additional Released Party obtaining emergency medical care for User in the event of injury or illness arising from User’s use of the Facilities and/or Equipment and User further agrees to pay all costs of any such care procured on User’s behalf. User understands that no insurance coverage is provided for User by Play Society and/or any Additional Released Party and that such coverage is User’s sole responsibility. 4. Communicable Illness/Disease. User will not use the Facilities if User is exhibiting symptoms of any communicable or contagious illness or disease including, without limitation, cold, flu, fever, diarrhea, Coronavirus/COVID-19. Without limiting any other provision of this Release, User assumes all risk that User may be exposed to, or infected by communicable or contagious illnesses or diseases while using the Facilities and/or Equipment. 5. Compliance with Rules and Policies. User agrees to strictly comply with each and every rule and policy adopted from time to time by Play Society concerning the Facilities and/or Equipment. User acknowledges and agrees that User reviewed and understands Play Society’s rules and policies. User acknowledges that a breach of this Release and/or Play Society’s rules and policies may result in User being ejected from the Facilities without refund or being released from this Release and, at Play Society's discretion, User being prohibited from using the Facilities and/or Equipment again in the future. 6. Application. This Release applies to each and every instance of User’s use of the Facilities, Equipment, and/or any portion thereof. Without limiting the foregoing, this Release applies to each separate visit to the Facilities whether or not permission for such visit in expressly conditioned on continued application of this Release. This Release supersedes any prior understanding or arrangement concerning User’s use of the Facilities and/or Equipment. 7. Miscellaneous. User agrees that: (i) if a provision of this Release is determined to be unenforceable in any respect, the enforceability of the provision in any other respect and of the remaining provisions of this Release will not be impaired; (ii) this Release is binding on Play Society, User, and, if applicable, User’s undersigned parent/guardian/minor, and all of their respective heirs, personal representatives, successors, and permitted assigns, and will inure to their benefit and to the benefit of Play Society and the Additional Released Parties (who are all third party beneficiaries of this Release); (iii) the language in this Release shall be construed according to its fair meaning and not strictly for or against any person, and without regard for who was responsible for drafting it; (iv) this Release is subject to the laws of the state of Oregon; (v) venue for any action, lawsuit, or arbitration to interpret or enforce this Agreement shall be state courts located in Deschutes County, Oregon (vi) the prevailing party in any action, lawsuit, or arbitration arising from or related to this Release shall be entitled to costs and reasonable attorney fees and those incurred in any appeal thereof, (vii) the term “person” means any natural person, partnership, corporation, limited liability company or other type of entity; (viii) this Release is the entire understanding of the parties regarding the subject matter of this Release; and (viii) this Release may be amended only by a written document signed by the person against whom enforcement of the amendment is sought - no employee or representative of Play Society has authority to make any representation, warranty, promise, or agreement that differs from or conflicts with this Release. THIS IS A RELEASE THE UNDERSIGNED UNDERSTANDS THAT THIS RELEASE WAIVES SUBSTANTIAL LEGAL RIGHTS AND HAS CAREFULLY READ THIS ENTIRE AGREEMENT, INCLUDING, WITHOUT LIMITATION, ITS ASSUMPTION OF RISKS AND RELEASE OF CLAIMS, LIMITATION OF LIABILITY AND INDEMNITY PROVISIONS. THE UNDERSIGNED ACKNOWLEDGES THAT THE UNDERSIGNED HAS CONSULTED INDEPENDENT LEGAL COUNSEL REGARDING THIS RELEASE OR KNOWINGLY WAIVED THE RIGHT TO DO SO. THE UNDERSIGNED SIGNS THIS RELEASE FREELY AND VOLUNTARILY WITH THE INTENT OF BEING LEGALLY BOUND BY IT. IF I AM SIGNING FOR A MINOR, I WARRANT THAT I HAVE LEGAL CAPACITY TO DO SO AND I AGREE THAT I AM PERSONALLY BINDING MYSELF AND USER TO THIS RELEASE ON A JOINT AND SEVERAL BASIS AND AM SUBJECT TO AND BOUND BY THE RELEASE OF CLAIMS, LIMITATION OF LIABILITY AND INDEMNITY PROVISIONS STATED ABOVE. Date: April 2, 2025 |