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This Waiver and Release Agreement (“Agreement”) is entered into by and between Tots Play World LLC, its owners, employees, agents, and representatives (collectively “the Company”), and the undersigned participant or the legal parent/guardian of the participant (collectively “Participant”).

1) Assumption of Risk: Participant acknowledges that using the indoor playground facilities carries inherent risks of injury, illness, or damage to personal property. Participant voluntarily assumes all risks, known and unknown, associated with the use of the Company’s facilities, even if arising from the negligence or fault of the Company.

2) Descriptions of Activities, Risk, and Potential of Injury: This Agreement as consideration for the Participant and any other person under my supervision and control to use the Facility and participate in related activities. The use of the playground area and equipment at the Facility, and participating in other related activities, is inherently and obviously dangerous. These risks include serious physical and emotional injury, contracting COVID-19, including but not limited to scrapes, cuts, bruises, sprains, fractures, pinches, concussion, death, damager to myself, the Child, and/or third parties, and damage to personal property of any or all such persons. I understand that the risk of injury extends to all extremities and all other parts of the body. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity, which I further agree is for recreational purposes and completely voluntary. I acknowledge and agree that, while the activities that take place at the Facility are monitored generally by Facility employees, it is not feasible for such employees to monitor the activities and actions of all customers at all times or all customers simultaneously. I acknowledge and agree that I am solely responsible for the safety of my Child, myself, and any other person under my supervision and control while in the Facility.

3) Release of Liability: Participant, on behalf of himself/herself and his/her heirs, assigns, personal representatives, and next of kin, hereby releases, waives, and discharges the Company from any and all liability, claims, demands, rights, actions suits, causes of action, obligations, debts, costs, losses, charges, expenses, attorneys' fees, damages, judgments and liabilities, contracting COVID-19, of whatever kind or nature, in law, equity or otherwise, whether now known or unknown suspected or unsuspected, and whether or not concealed or hidden, related to or arising, directly or indirectly, from my or the Child's access to and/or use of the Facility, premises and/or its equipment, the Child's and/or my entry in to the Facility, the condition, maintenance, inspection, supervision, control or security of the Facility, the failure to warn of dangerous conditions in connection with the Facility, and/or acts or omissions of the Company or any of the Releasees, including, without limitation, any claim alleging negligent act(s) or omission(s) of Releasees. This release extends to claims seeking relief for any and all forms of damage or injury, including property damage, personal injury, emotional injury, illness, bodily harm, paralysis or death.

4) Policies and Regulations: Participant agrees to comply with all policies and regulations of the Company, as may be amended from time to time. Participant acknowledges and agrees to the following playroom policies:

  • No-shoe policy within the playground area, socks are required
  • Adult supervision is required by the parent/guardian at all times
  • While we do accept outside snacks & drinks inside of our facility. No food, drinks, candy, or gum is allowed in the play area.
  • We have a zero bullying policy. Please be respectful to each other
  • No running climbing, or throwing of toys
  • Toys must stay inside of the designated play area.
  • Our play area is created for children 6 and younger. Adults, caregivers, and children over the age of 6 may enter the play area and play with the younger children. Any disruptive behavior will be given a warning notice two times, before asking to leave the premises (without a refund/credit).
  • We ask that no outside toys are brought into the play area.
  • We love animals, but no animals are allowed inside our facility unless they are a service animal.
  • No smoking, alcohol or drug use of any kind is allowed in our facility at any given time.
  • No standing on the tables, chairs, and any furniture inside of our facility.

5) Birthday Parties: Birthday parties or similar gatherings are strictly prohibited during open play hours. Reservations for private events must be made in advance and during designated times. Any attempt to host a birthday party or similar gathering during open play hours may result in immediate removal from the premises without a refund.

6) Photo Release: Participant grants the Company, its representatives, and employees the right to take photographs of Participant and Participant’s property in connection with the Company’s operations. Participant authorizes the Company to use and publish these photographs in print and/or electronically, including on social media platforms. Participant agrees that the Company may use such photographs of Participant without Participant’s name for any lawful purpose, including for example, such purposes as publicity, illustration, advertising, and web content.

7) Health and Safety Concerns: General Wellness Requirement: For the health and safety of all patrons and staff, children who are visibly ill or displaying symptoms of any illness, not limited to COVID-19, are not permitted to play in the indoor playground area. This includes but is not limited to symptoms such as fever, cough, runny nose, skin rash, stomach issues, or any other signs of contagious illness. If a child is suspected of being unwell, the Company reserves the right to ask the child and their accompanying guardian to leave the premises immediately.

8) OPTIONAL: Health and Safety Concerns Related to COVID-19:

a. Participant acknowledges the contagious nature of COVID-19 and voluntarily assumes the risk that they may be exposed to or infected by COVID-19 while on the premises, and that such exposure or infection may result in personal injury, illness, permanent disability, and death.

b. Participant attests that they and any minors under their supervision:

  • Are not experiencing any symptoms of illness such as cough, shortness of breath or difficulty breathing, fever, chills, muscle pain, headache, sore throat, or new loss of taste or smell.
  • Have not traveled internationally within the last 14 days.
  • Have not traveled to a highly impacted area within [Country/State] in the last 14 days.
  • Do not believe they have been exposed to someone with a suspected or confirmed case of COVID-19.

Are not diagnosed with COVID-19 and are not yet cleared as non-contagious by state or local public health authorities.

c. Participant agrees to follow all COVID-19 infection prevention procedures established by the Company and to abide by all rules and guidelines set forth by local or state health agencies.

d. If any child or accompanying guardian shows signs of illness, especially those associated with COVID-19, they may be asked to leave immediately and may not return until they are symptom-free for a period specified by the Company or as recommended by local health authorities.

9) Miscellaneous:

a. This Agreement contains the entire agreement between the parties and supersedes all prior negotiations, understandings, and agreements between the parties.

b. If any provision of this Agreement is found to be invalid, the remaining provisions shall remain in full force and effect.

c. This Agreement shall be governed by the laws of Tennessee

First Participant's Name

First Name*

Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*
A signed copy of this waiver will be sent to the email address you provide.
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*

Last Name*

Relationship*

Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
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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