Waiver of Liability at Rise & Shine Play Community Center RISE & SHINE PLAY LLC and PARTICIPANT 1 DEFINITIONS 1.1 Activities: Any and all structured or unstructured play, events, programs, or services offered by Rise & Shine Play at the Facility, including but not limited to sing-a-long time, sensory play, story time, use of play equipment, and participation in adult-focused events. 1.2 Caregiver: An individual who is at least 18 years old and responsible for the supervision and safety of a Minor while on the premises of the Facility. This includes parents, legal guardians, or other authorized adults. 1.3 Equipment: All play structures, toys, trampolines, climbing structures, and other objects provided by Rise & Shine Play for use by Participants within the Facility, including but not limited to the 3-foot slide, wall climbing structure, and toddler trampoline. 1.4 Facility: The premises located at 2907 Shelter Island Drive, Ste. 102-103, San Diego, CA 92106, owned and operated by Rise & Shine Play. 1.5 Inherent Risks: The dangers and hazards that are an integral part of the Activities, and use of the Facility and Equipment, including but not limited to slipping, falling, colliding with other Participants, Equipment or objects, and other accidents that may result in injury, illness, or property damage. 1.6 Minor: Any individual under the age of 18 who is brought to the Facility by a Caregiver and participates in the Activities. 1.7 Participant: Any individual, whether a Caregiver on behalf of a Minor, a Minor, an adult or a Caregiver, who enters the Facility or participates in the Activities. 1.8 Released Parties: Rise & Shine Play, its owners, officers, principals, servants, directors, employees, agents, contractors, volunteers, insurers, successors, heirs, executors, administrators and all other persons, firms, associations or partnerships with whom any the former have been, are now or may hereafter be affiliated with, collectively. 1.9 Rise & Shine Play: Rise & Shine Play LLC, located at 2907 Shelter Island Drive, Ste. 102-103, San Diego, CA 92106. 1.10 Waiver: This Waiver of Liability and Assumption of Risk Agreement, which governs the terms and conditions of participation in the Activities, access to and use of the Facility and the Equipment. 2 RECITALS 2.1 Background and Purpose 2.1.1 This Waiver is entered into by and between the Released Party, and the undersigned Participant, in their personal capacity and as Caregiver of Minor/s (if applicable), for the purpose of governing the terms and conditions of access to the Facility, use of the Equipment and participation in the Activities. 2.1.2 The Facility is a family community center designed to provide a safe, clean, and inviting environment for young families and children aged 0-5. The Activities include structured and unstructured play, events, and programs, as well as adult-focused events. 2.1.3 Participation in the Activities at the Facility, access to the Facility and use of the Equipment is entirely voluntary. 3 ASSUMPTION OF RISKS 3.1 Acknowledgment of Inherent Risks 3.1.1 Participants, including Caregivers and Minors, acknowledge that participation in the Activities at the Facility involves Inherent Risks, including but not limited to slipping, falling, colliding with other Participants or Equipment, and other accidents that may result in injury, illness, or property damage. 3.1.2 Participants understand and agree that these Inherent Risks are an integral part of the Activities and cannot be entirely eliminated, regardless of the care or precautions taken by Rise & Shine Play or its Released Parties. 3.2 Voluntary Assumption of Risks 3.2.1 By entering the Facility, using the Equipment and/or engaging in any of the Activities, Participants, including Caregivers and Minors, voluntarily assume all Inherent Risks associated with such participation. This assumption of risk includes, but is not limited to, risks arising from the ordinary negligence of Rise & Shine Play or its Released Parties. 3.2.2 Participants acknowledge that they are solely responsible for assessing the risks involved in the Activities and for ensuring their own safety and the safety of any Minors under their supervision while on the premises of the Facility. 4 WAIVER AND RELEASE OF LIABILITY 4.1 Waiver of Claims 4.1.1 By entering the Facility or participating in any Activities, the Participant, and in the case of a Minor, the Caregiver on behalf of the Minor, hereby releases, waives, and discharges the Released Parties from any and all claims, demands, actions, causes of action, liabilities, damages, losses, or expenses, whether for personal injury, illness, property damage, or otherwise, arising out of or in connection with participation in the Activities or use of the Equipment, regardless of whether such claims arise from the ordinary negligence of the Released Parties. 4.2 Scope of Release 4.2.1 This release extends to and includes all claims arising from the Participant’s or Minor’s use of the Facility, participation in the Activities, or interaction with other Participants, including but not limited to claims for negligence, whether such negligence is based on acts or omissions of the Released Parties. 4.3 Voluntary Release 4.3.1 The Participant, and in the case of a Minor, the Caregiver, enters into this Waiver voluntarily, with full knowledge of the Inherent Risks associated with the Activities, and agrees that this Waiver is a comprehensive and complete release of liability as described herein. 5 SCOPE OF RELEASE (NEGLIGENCE) 5.1 Release for Ordinary Negligence 5.1.1 The Participant, and in the case of a Minor, the Caregiver on behalf of the Minor, hereby expressly releases, waives, and discharges the Released Parties from any and all claims, demands, actions, or liabilities arising out of or in connection with the ordinary negligence of the Released Parties, to the fullest extent permitted by California law. This release includes, but is not limited to, claims for personal injury, illness, or property damage resulting from the Released Parties’ negligent acts or omissions. 5.1.2 The Participant, and in the case of a Minor, the Caregiver, acknowledges and agrees that this Waiver specifically includes a release of liability for the ordinary negligence of the Released Parties, as defined under California law. This Waiver does not release the Released Parties from liability for gross negligence, willful misconduct, or intentional acts. 5.2 Scope of Negligence Release 5.2.1 This release of liability for negligence extends to all acts or omissions of the Released Parties, including but not limited to the maintenance, operation, or supervision of the Facility, Equipment, or Activities, and any other actions or inactions that may constitute ordinary negligence under California law. 5.2.2 The Participant, and in the case of a Minor, the Caregiver, understands and agrees that this Waiver is intended to be comprehensive and includes a release of liability for any claims arising from the ordinary negligence of the Released Parties, whether such negligence is based on acts or omissions. 6 PARENTAL RESPONSIBILITY AND SUPERVISION 6.1 Caregiver Supervision 6.1.1 The Caregiver acknowledges and agrees that they are solely responsible for the supervision, safety, and behavior of their Minor at all times while on the premises of the Facility. Rise & Shine Play does not provide any form of childcare or supervision services. 6.1.2 The Caregiver must remain on-site for the entire duration of their and the Minor’s visit and ensure that their Minor adheres to all rules, verbal instructions, and guidelines established by Rise & Shine Play. Failure to supervise the Minor may result in immediate removal from the Facility. 6.1.3 Any breach of rules by the Minor or Caregiver may result in the immediate termination of their visit without refund, at the sole discretion of Rise & Shine Play. 6.2 Assumption of Responsibility 6.2.1 By entering the Facility, the Caregiver agrees to assume full responsibility for any actions, damages, or injuries caused by their Minor, whether to themselves, other Participants, the Equipment and/or the Facility. This includes but is not limited to any negligence, recklessness, or intentional misconduct by the Minor. 6.2.2 The Caregiver acknowledges that Rise & Shine Play is not liable for any incidents arising from the Minor’s access to the Facility, participation in the Activities and use of the Equipment due to the Caregiver’s failure to adequately supervise the Minor. 7 RULES AND REGULATIONS OF RISE & SHINE PLAY 7.1 General Conduct 7.1.1 Participants must adhere to all posted rules and verbal instructions provided by Rise & Shine Play while at the Facility. Disruptive behavior, including but not limited to running, yelling, or causing harm to others, is strictly prohibited. 7.2 Equipment and Play Area 7.2.1 Participants must use all Equipment in the manner intended by Rise & Shine Play. Misuse or damage to the Equipment due to improper use will result in the Participant’s responsibility to repair or replace the damaged item(s). 7.2.2 Caregivers must ensure that Minors wear anti-slip or “grippy” socks while in the Facility. Adults are required to wear socks at all times within the Facility. 7.3 Food and Beverages 7.3.1 Participants may bring their own food and beverages to the Facility, but all items must be consumed in designated areas. 7.3.2 Participants are responsible for cleaning up after themselves and disposing of waste properly. 7.4 Consequences of Non-Compliance 7.4.1 Any breach of these rules by a Participant or Minor may result in the immediate termination of their visit without refund, at the sole discretion of Rise & Shine Play. 7.4.2 Repeated or severe violations of these rules may result in the permanent banning of the Participant and/or Minor from the Facility. 8 HEALTH AND SAFETY GUIDELINES 8.1 Illness and Hygiene 8.1.1 Participants, including Minors and Caregivers, are not permitted to enter the Facility if they are sick or showing signs of illness, including but not limited to fever, cough, or other contagious conditions. Rise & Shine Play reserves the right to deny entry or ask Participants to leave if illness is suspected. 8.1.2 Hand sanitizing stations are available throughout the Facility. Participants are encouraged to use them regularly, especially before and after using the Equipment, to maintain proper hygiene and reduce the risk of illness transmission. 8.2 Safety Measures 8.2.1 All Minors must wear anti-slip or “grippy” socks while in the play area to reduce the risk of slipping or falling. Adults are required to wear socks at all times within the Facility. Rise & Shine Play will have anti-slip socks available for purchase at the Facility. 8.2.2 Participants must follow all posted safety signs, verbal instructions, and guidelines provided by Rise & Shine Play to ensure a safe environment for all. Failure to comply with safety measures may result in immediate removal from the Facility. 8.3 Sanitation and Cleanliness 8.3.1 Rise & Shine Play will maintain regular cleaning and sanitation of the Facility, including the Equipment, play areas, and common spaces, to ensure a clean and safe environment for all Participants. 8.3.2 Participants are responsible for cleaning up after themselves and disposing of waste properly in designated areas. This includes any food or beverages consumed on the premises. 8.4 Compliance with Health Guidelines 8.4.1 Participants agree to comply with all health and safety guidelines established by Rise & Shine Play, as well as any applicable local, state, or federal health regulations, to ensure the well-being of all individuals at the Facility. 8.4.2 Any breach of these health and safety guidelines may result in the immediate termination of the Participant’s visit without refund, at the sole discretion of Rise & Shine Play. 9 MEDICAL AUTHORIZATION 9.1 Emergency Medical Assistance 9.1.1 In the event of an injury, illness, or medical emergency involving a Participant, including a Minor, Rise & Shine Play and its staff are authorized to seek or provide emergency medical assistance, including but not limited to contacting emergency medical services, arranging transportation to a medical facility, or administering first aid, as deemed necessary in their sole discretion. 9.2 Responsibility for Medical Expenses 9.2.1 The Participant, and in the case of a Minor, the Caregiver, agrees to assume full financial responsibility for all costs and expenses incurred in connection with any medical treatment, transport, or emergency services provided to the Participant or Minor, regardless of whether such services are obtained through the actions of Rise & Shine Play or its staff. 9.3 No Liability for Medical Decisions 9.3.1 Rise & Shine Play and the Released Parties shall not be liable for any decisions made or actions taken in connection with the provision of emergency medical assistance, including but not limited to the selection of medical providers, the timing of such assistance, or the outcomes of any medical treatment. 10 INDEMNIFICATION 10.1 Indemnification Obligation 10.1.1 The Participant, and in the case of a Minor, the Caregiver on behalf of the Minor, agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or actions (including reasonable attorneys’ fees) arising out of or related to: 10.1.1.1 The Participant’s or Minor’s use of the Facility, participation in the Activities, or interaction with other Participants; 10.1.1.2 Any breach of this Waiver by the Participant or Minor; or 10.1.1.3 Any act, omission, or negligence of the Participant, Minor, or Caregiver while on the premises of the Facility. 10.2 Scope of Indemnification 10.2.1 This indemnification obligation applies to all claims, whether based on negligence, breach of contract, or any other legal theory, and includes but is not limited to claims for personal injury, property damage, or any other loss arising from the Participant’s or Minor’s actions or failure to act. 10.2.2 The Participant, and in the case of a Minor, the Caregiver, acknowledges that this indemnification obligation is intended to be as broad as permitted under California law and includes claims arising from the ordinary negligence of the Released Parties. 10.3 Enforcement of Indemnification 10.3.1 The Released Parties reserve the right to enforce this indemnification provision in any legal or equitable proceeding, and the Participant, and in the case of a Minor, the Caregiver, agrees to cooperate fully in the defense of any such claims. 10.3.2 The Participant, and in the case of a Minor, the Caregiver, agrees that the Released Parties shall have the right to control the defense and settlement of any claims subject to indemnification under this section, at their sole discretion. 11 PHOTOGRAPHY & VIDEO RELEASE 11.1 By entering the Facility and participating in Activities at Rise & Shine Play, the Participant, and in the case of a Minor, the Caregiver on behalf of the Minor, grants permission to Rise & Shine Play and its authorized representatives to capture, record, and use photographs, videos, or other media featuring the Participant or Minor during events, open play, or any other activities within the Facility. 11.2 Consent to Use 11.2.1 The Participant, and in the case of a Minor, the Caregiver, acknowledges and agrees that: 11.2.1.1 Photos and videos may be used for marketing, promotional, and advertising purposes, including but not limited to social media, websites, newsletters, brochures, and press releases. 11.2.1.2 No compensation, royalties, or other remuneration will be provided for the use of such media. 11.2.1.3 Rise & Shine Play retains full ownership of all images and recordings. 11.3 Waiver of Rights & Release 11.3.1 The Participant, and in the case of a Minor, the Caregiver on behalf of the Minor, waives all claims related to the use of such media, including but not limited to invasion of privacy, defamation, or misrepresentation. 11.4 Opt-Out Option 11.4.1 If the Participant or Caregiver does not consent to the use of their or the Minor’s image, they must notify Rise & Shine Play in writing before entering the Facility. Failure to opt-out in writing shall be deemed as consent. 11.5 Third-Party Sharing 11.5.1 Rise & Shine Play shall not sell or distribute images to third parties for commercial gain without additional consent, except where used for internal promotional purposes. 11.5.2 By signing this Waiver, the Participant, and in the case of a Minor, the Caregiver on behalf of the Minor, acknowledges they have read, understood, and agreed to this Photography & Video Release clause. 12 GENERAL 12.1 Governing Law 12.1.1 This Waiver shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. 12.2 Venue 12.2.1 Any legal action, suit, or proceeding arising out of or relating to this Waiver or the Activities at the Facility shall be brought exclusively in the state or federal courts located in San Diego County, California. The Parties hereby submit to the personal jurisdiction of such courts and waive any objections to venue or inconvenient forum. 12.3 Severability Clause 12.3.1 If any provision of this Waiver is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law. 12.3.2 In the event that any provision is deemed invalid or unenforceable, such provision shall be replaced with a valid and enforceable provision that most closely reflects the original intent of the Parties, without affecting the validity or enforceability of the remaining provisions of this Waiver. 12.4 Entire Agreement 12.4.1 This Waiver constitutes the entire agreement between the Participant and Rise & Shine Play with respect to the subject matter herein and supersedes all prior or contemporaneous understandings, agreements, representations, or warranties, whether written or oral, regarding such subject matter. 12.4.2 No other representations, promises, or conditions, whether oral or written, express or implied, shall be binding upon the Parties unless explicitly set forth in this Waiver. This Waiver may not be amended, modified, or supplemented except by a written agreement signed by both the Participant and Rise & Shine Play. 13 AUTHORITY TO SIGN FOR MINOR 13.1 Parental or Legal Guardian Authority 13.1.1 By signing this Waiver, the Caregiver represents and warrants that they are the parent or legal guardian of the Minor(s) listed herein and that they have the full legal authority to execute this Waiver on behalf of the Minor(s) and to bind the Minor(s) to its terms. 13.1.2 The Caregiver acknowledges that they have read, understood, and voluntarily agreed to the terms of this Waiver on behalf of themselves and the Minor(s), and that they are legally authorized to assume the risks and release claims on behalf of the Minor(s) as set out herein. 13.2 Binding Effect on Minor 13.2.1 The Caregiver agrees that this Waiver shall be binding upon the Minor(s) to the fullest extent permitted by California law, including but not limited to the assumption of Inherent Risks, waiver of claims, and indemnification obligations. 13.2.2 The Caregiver further acknowledges that they are responsible for ensuring that the Minor(s) comply with all terms of this Waiver and all rules and guidelines established by Rise & Shine Play while on the premises of the Facility. 13.3 No Unauthorized Signatories 13.3.1 The Caregiver agrees that no individual other than a parent or legal guardian may sign this Waiver on behalf of a Minor, and any such unauthorized signature shall be deemed null and void. 14 ACKNOWLEDGEMENT OF UNDERSTANDING AND VOLUNTARY EXECUTION 14.1 Acknowledgment of Terms 14.1.1 By signing this Waiver, the Participant, and in the case of a Minor, the Caregiver on behalf of the Minor, acknowledges that they have carefully read, fully understood, and voluntarily agree to all the terms and conditions set forth in this Waiver. The Participant and Caregiver affirm that they have had the opportunity to ask questions and seek clarification regarding any provisions of this Waiver. 14.2 Voluntary Acceptance of Risks and Liabilities 14.2.1 The Participant, and in the case of a Minor, the Caregiver, acknowledges that they are voluntarily entering into this Waiver and accept all Inherent Risks associated with the use of the Facility, Equipment, and participation in the Activities. This includes, but is not limited to, risks arising from the ordinary negligence of the Released Parties, as permitted under California law. 14.3 No Coercion or Duress 14.3.1 The Participant, and in the case of a Minor, the Caregiver, represents and warrants that this Waiver is executed voluntarily, without any coercion, duress, or undue influence of any kind. The Participant and Caregiver further acknowledge that participation in the Activities is entirely optional and that they are free to decline participation without penalty. 14.4 Binding Effect 14.4.1 The Participant, and in the case of a Minor, the Caregiver, acknowledges that this Waiver is binding upon themselves, their heirs, assigns, and personal representatives. The Caregiver further acknowledges that this Waiver is binding upon the Minor to the fullest extent permitted by California law. 14.5 Understanding of Legal Rights 14.5.1 The Participant, and in the case of a Minor, the Caregiver, acknowledges that they understand this Waiver affects their legal rights, including the waiver of the right to sue the Released Parties for claims arising from ordinary negligence. The Participant and Caregiver affirm that they have been advised to consult with legal counsel if they have any questions regarding the terms of this Waiver. Participant, in their personal capacity, and as Caregiver if signing on behalf of Minor Rise & Shine Play LLC Date: April 18, 2025
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