Customer Liability Waiver
(For Adults and Minors)
This Waiver and Release Agreement (“Agreement”) is entered into by and between Abracadabra Play & Café, its owners, employees, agents, and representatives (collectively “the Company”), and the undersigned adult participant and/or the legal parent/guardian of a participating minor child (collectively referred to as “Participant”). 1) Assumption of Risk:Participant acknowledges that using the indoor playground and coffee shop facilities carries inherent risks of injury, illness, or damage to personal property. This includes risks for both minors and adults, whether actively participating or simply present on-site. 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) Release of Liability: Participant, on behalf of themselves, their minor child(ren), and their heirs, assigns, personal representatives, and next of kin, hereby releases, waives, and discharges the Company from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, injury, or death, that may be sustained by Participant related to the use of the Company’s facilities. 3) 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 that they have been given access to and have read, or have had the opportunity to read, the Company's policies. This includes, but is not limited to, a no-shoe policy within the playground area. The Company's most current policies can be found at abracadabraplaycafe.com 4) 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. 5) Photo Release: Participant grants the Company, its representatives, and employees the right to take photographs of both the adult and minor participants, 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. 6) Health and Safety Concerns: a. General Wellness: For the safety of all guests and staff, any individual—child or adult—displaying visible signs of illness (e.g. fever, cough, vomiting, rash) will not be permitted in the play area. The Company reserves the right to request anyone showing signs of illness to leave the premises. b. Supervision: Parents or guardians are fully responsible for supervising their children at all times. Staff is present to maintain facility cleanliness and safety but does not provide direct childcare. 7) 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 the State of Florida. d. I understand that this waiver applies to both myself and the minor child(ren) I am accompanying. This waiver will remain on file and apply to today's visit and all future visits and events at Abracadabra Play & Café. |