INVITATION AGREEMENT AND RELEASE OF LIABILITY FOR PLAY ALL DAY Nora Servativishkaei and Play All Day extend our invitation to our play space for children and their caregivers, subject to the following agreement. This agreement is a legal document which states the limits that apply to the rights and remedies of the children and their caregivers because of their acceptance of our invitation. In extending our invitation, we rely on your representation that you are the parent of the child you accompany or have been authorized by the parent to choose the location for the child's play and to make agreements, like this one, to provide access to those locations. For you and the child, you agree that development requires play presenting challenges to the child and those challenges involve risk of injury by physical, emotional and medical harm. We agree to use our best efforts to provide fun and safety for the child, but do not guarantee the absence of risk or harm, and you agree on your behalf and on behalf of the child to accept those risks from play at our facility, from use of our equipment and from the presence and conduct of other children. You and the child release us from all claims and demands arising from damages and injuries occurring because of your presence and the child's presence at our facility and the child's participation in play activities and rest from play to restore physical energy and emotional balance for the child. Your release extends to any negligence by us, both for our acts and failure to act, but not for any gross negligence or willful misconduct. You agree to follow our rules and requests for supervision and control of the child while at Play All Day, and for payment of fees and costs. Also Understand the safety restrictions include but are not limited to the following: no running, no pushing, no shoving, never slide headfirst, no walking up the slides, be bare feet and no food or beverages outside the snack area. I understand I am responsible for my child, and I will never leave my child unattended while at Play All Day Further, I will be AWARE of others, of physical limitations and of age restricted areas, I have reviewed and will follow the rules and policies listed below: ⁃ Parent/Guardian/Caregiver must be 18 years of age or older and have the authority to sign waiver and make decisions for their child(ren) while at Play All Day ⁃ Parent/Guardian/Caregiver must stay on the premises and is responsible for always supervising their child(ren). ⁃ Parent/ Guardian/Caregiver is responsible for cleaning up after themselves as well as their child(ren). ⁃ Diapers are to be changed in the designated changing area in the restroom. NO SOCKS PLEASE If your child is experiencing a runny nose, cough, diarrhea, vomiting or fever in the last 48 hours please reschedule for another day. In consideration of participating in Play All Day activities, and for other good and valuable consideration, I hereby agree to release and discharge from liability arising from negligence Play All Day and its owners, directors, agents, volunteers, participants, and all other persons or entities acting for them (hereinafter collectively referred to as "Releasees"), on behalf of myself and my children, parents, heirs, assigns, personal representative and estate, and agree as follows: 1. I acknowledge that participating in Play All Day activities involves known and unanticipated risks which could result in physical or emotional injury, paralysis or permanent disability, death, and property damage. Risks include, but are not limited to, splinters, broken bones, torn ligaments or other injuries because of falls or contact with other participants; medical conditions resulting from physical activity; and damaged clothing or other property. I understand such risks simply cannot be eliminated, despite the use of safety equipment without jeopardizing the essential qualities of the activity. 2. I expressly accept and assume all the risks inherent in this activity or that might have been caused by the negligence of the Releasees. My and my children's participation in this activity is purely voluntary and I elect to participate and accept responsibility for the risks for my children. In addition, if at any time I believe that event conditions are unsafe or that I am or my children are unable to participate due to physical or medical conditions, then I will immediately discontinue participation. 3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Releases from any and all claims, demands, or causes of action which are in any way connected with my participation in this activity, or my use of their equipment or facilities, arising from negligence. This release does not apply to claims arising from intentional conduct. Should Releases or anyone acting on their behalf be required to incur attorney's fees and costs to enforce these costs. 4. I represent that I have adequate insurance to cover any injury or damage I may (or my children) suffer or cause while participating in this activity, or else I agree to bear the costs of such injury or damage myself. I further represent that I (or my children) have no medical or physical condition which could interfere with my safety in this activity, or else I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition. 5. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. 6. I agree to allow Play All Day to publish any photographs or video taken of me, for use in Play All Day printed publications and website. I acknowledge that since participation in publications and websites produced by Play All Day is voluntary, I will receive no financial compensation. I further agree that participation in any publication and website produced by Play All Day confers upon me no rights of ownership whatsoever. I release Play All Day, its contractors and its employees from liability for any claims by me or any third party in connection with my participation. 7. By signing this document, I agree that if I (or my children) are hurt or my property is damaged or stolen during my participation in this activity, then I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being released on the basis of any claim for negligence. 8. I have had sufficient time to read this entire document and, should I choose to do so, consult with legal counsel prior to signing. Also. I understand that this activity might not be made available to me or that the cost to engage in this activity would be significantly greater if I were to choose not to sign this release and agree that the opportunity to participate at the stated cost in return for the execution of this release is a reasonable bargain. I have read and understood this document. the execution of this release is a reasonable bargain. I have read and understood this document and I agree to be bound by its terms. In consideration of my son or daughter or legal ward being permitted to participate in this activity, I further agree to indemnify and hold harmless Releases from any claims alleging negligence which are brought by or on behalf of minor or are in any way connected with such participation by minor. Our acceptance of your signature confirms our welcome to Play All Day Today's date: November 21, 2024 |