RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT This Release of Liability and Assumption of Risk Agreement ("Agreement") is entered into by the undersigned ("Participant" or "Parent/Guardian") on behalf of themselves and the minor children or individuals under their care ("Child" or "Children") participating in the activities at Ely's Play House, LLC. ("Facility"). By signing this Agreement, the Participant acknowledges and agrees to the following: 1. Assumption of RiskThe Participant understands that activities at the Facility, including but not limited to physical play, jumping, climbing, and other recreational activities, involve inherent risks, including the risk of injury, accidents, and even death. The Participant voluntarily assumes all risks associated with these activities and agrees to take all necessary precautions to ensure their own and their children’s safety. 2. Release of LiabilityTo the fullest extent permitted by law, the Participant hereby waives, releases, and discharges Ely's Play House, LLC., its owners, employees, agents, and affiliates ("Released Parties") from any and all claims, demands, actions, causes of action, or liabilities arising from or related to any injury, damage, loss, or harm to the Participant or their Children while using the Facility or participating in any activities associated with the Facility, whether caused by the negligence of the Released Parties or otherwise. 3. IndemnificationThe Participant agrees to indemnify, defend, and hold harmless the Released Parties from any claims, damages, or expenses (including attorney’s fees) arising from the Participant’s or their Children’s use of the Facility or participation in any activities, including any third-party claims for injury, damage, or loss. 4. Medical ConsentIn the event of an emergency, the Participant grants permission to the Facility and its staff to seek medical attention or treatment for themselves or their Children if necessary. The Participant also agrees to assume all costs associated with such medical care and treatment. 5. Parent/Guardian ResponsibilitiesIf the Participant is signing on behalf of a minor child, the Participant acknowledges that they are responsible for the behavior, safety, and supervision of the child while at the Facility. The Participant agrees that the child will abide by all safety rules and guidelines established by the Facility. 6. Age RestrictionsChildren 8 years of age and under are the only individuals allowed to participate in the activities at the Facility. Children above this age may not be permitted entry, as they do not fit within the designated age group for safe participation. 7. Health Disclaimer – Illness and COVID-19The Participant understands and acknowledges the potential risks of illness, including but not limited to COVID-19, when engaging in public activities. By entering the Facility, the Participant affirms that neither they nor their Children have any symptoms of illness, including fever, cough, difficulty breathing, or other symptoms related to infectious diseases such as COVID-19. The Participant also agrees to follow all public health guidelines, including wearing masks (if required), maintaining physical distancing, and hand hygiene practices. In the event that the Participant or their Children have been in close contact with someone who has tested positive for COVID-19 or are feeling unwell, they agree not to enter the Facility. The Facility reserves the right to deny access to anyone exhibiting signs of illness to protect the health and safety of all guests and staff. 8. Rules and GuidelinesThe Participant agrees to follow all posted rules, guidelines, and instructions provided by the Facility staff to ensure a safe and enjoyable experience for all guests. The Facility reserves the right to remove anyone from the premises who does not comply with these rules. 9. Photographic ReleaseThe Participant grants permission for Ely's Play House, LLC. to take photographs and/or videos of their children during their visit and to use such images for promotional and marketing purposes without compensation or further permission. 10. Acknowledgement of UnderstandingThe Participant has read and fully understands this Agreement, acknowledges that they are signing it voluntarily, and agrees to be bound by its terms. If the Participant is signing on behalf of a minor, they acknowledge they are the legal parent or guardian of the child and are signing with the child’s best interests in mind. |