Participant Agreement, Release and Assumption of
Risk (The "Agreement") - Fit Kid Play and Party Place Central Valley NY I have voluntarily elected to use and, if applicable, to allow the minor child(ren) identified above and all minor children under my supervision (referred to individually and collectively herein as "Child"), to use the Fit Kid Play and Party Place facilities and equipment located at 260 Rte 32 Central Valley, New York 10917 (the "Fit Kid Play and Party Place"). In consideration for being allowed to use said facilities and equipment, and any other services provided by Fit Kid Play and Party Place or its employees or agents at said location, I represent, acknowledge and agree as follows:
I, on behalf of myself and Child (collectively, the "Releasors") acknowledge and agree that this Agreement covers and is intended to release and provide other benefits, legal protections, and consideration to Fit Kid Play and Party Place, and its respective and collective agents, owners, officers, managers, shareholders, affiliates, volunteers, participants, employees, successors, predecessors-in-interest, insurers and all other
persons or entities acting in any capacity on their respective or collective behalf (collectively, the "Releasees")
RELEASE OF POTENTIAL INJURIES
I acknowledge and agree that the use of and participation in the slides and the other equipment and activities at the Fit Kid Play and Party Place Facility is inherently and obviously dangerous. These risks include, but are not limited to, serious physical or emotional injury, paralysis, death,
damage to myself, the Child, and/or third parties, and damage to personal property of any or all such persons. 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 slides and other activities that take place at
the Fit Kid Play and Party Place Facility are monitored in a commercially reasonable manner by Fit Kid Play and Party Place Facility employees, it is not feasible for such employees to monitor the activities and actions of all participants at all
times or all participants simultaneously. Nor can they know all characteristics of every participant's physical and mental health that might lead to injury or damage to myself or Child.
VOLUNTARY ASSUMPTION OF RISK
I represent that Child and I are in good health and in proper physical condition to participate in slides and other activities at the Fit Kid Play and Party Place Facility. I acknowledge and agree that Child and I are participating voluntarily and at our own risk. I acknowledge and agree that the actions or
activities of other customers and participants or the actions or inactions of Fit Kid Play and Party Place Facility employees could cause Child and I significant bodily injury (as described in
this Agreement), and that Releases are not responsible for the actions or activities of participants using the Fit Kid Play and Party Place Facility or the negligence of its employees in
supervising the Fit Kid Play and Party Place Facility or its usage, including actions, activities, or omissions that result in such harm. Some of the risks include, but are not limited to death,
paralysis (partial or full, temporary or permanent), cuts, scrapes, bumps, bruises, concussions, the transmission of disease strains and allergic reactions, muscle sprains, strains or pulls, breaks or other seriously external or internal injuries
to head, face (including nose and teeth/jaw), neck, torso, spine, arms, wrists, hands, legs, ankles, feet or other body parts, heat stroke, heart attacks, dehydration and other exertion-related medical events. In addition to these injuries happening to participants, I am aware that they can occur to other customers, whether standing, walking, running or sitting in areas of the Fit Kid Play and Party Place Facility without equipment, observing, standing, sitting or taking photographs.
AGREEMENT TO PAY MEDICAL EXPENSES
I acknowledge, accept, and assume the risk of any and all medical conditions, limitations, or disabilities (whether temporary or permanent) that Child and I possess, whether known or unknown, which might contribute to or exacerbate
any injury Child or I might sustain as a result of using the Fit Kid Play and Party Place Facility or any of its equipment or otherwise being present at the Fit Kid Play and Party Place Facility. I
acknowledge and agree that if medical assistance (of any form, including emergency care, hospitalization, out-patient care, and/or physical therapy) is required or performed as a
result of any injury Child or I sustain while being present at the Fit Kid Play and Party Place Facility, the costs of same shall be at my own expense.
RELEASE OF LIABILITY
Releasors hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue Releases from any and all claims, demands, rights, actions, suits, causes of action, obligations,
debts, costs, losses, charges, expenses, attorneys' fees, damages, judgments and liabilities, 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 Child's access to and/or use of the Fit Kid Play and Party Place Facility, premises and/or its equipment (whether slides, other obstacles or otherwise), the Child's and/or
my entry into the Fit Kid Play and Party Place Facility, the condition, maintenance, inspection, supervision, control or security of the Fit Kid Play and Party Place Facility, the failure to warn of
dangerous conditions in connection with the Fit Kid Play and Party Place Facility, and/or the acts or omissions of Releasees, including, without limitation, any claim for property damage,
personal injury, emotional injury, illness, bodily harm, paralysis or death. I understand that this release and waiver applies not only to use of the slides but also all other equipment, and all activities and games, and the
mere presence of Child and/or I at the Fit Kid Play and Party Place Facility. I understand that this release and waiver applies to and includes all activities that I or my Child engage in at the
premises, whether inside or outside the Fit Kid Play and Party Place Facility. In the event that any claim released herein is brought by, or asserted on behalf of, Releasors, I shall immediately defend, indemnify and hold harmless Releasees, and any of them, from any loss or liability, including reasonable attorneys' fees, associated therewith or arising therefrom. I understand and fully acknowledge and agree that all of the risks identified herein and any other risks associated with use of the Fit Kid Play and Party Place Facility and its equipment or mere presence thereat are beyond the control of Releases. I agree and acknowledge that should Releases or anyone
acting on their behalf, be required to incur attorneys' fees and/or costs to enforce this agreement, I agree to immediately defend, indemnify and hold Releases harmless
for and against all such attorneys' fees and/or costs.
ARBITRATION OF DISPUTES; TIME LIMIT TO BRING CLAIM
I understand that by agreeing to arbitrate any dispute as set forth in this section, I am waiving my right, and the right(s) of the minor child(ren) above, to maintain a lawsuit against Releases for any and all claims covered by this Agreement.
By agreeing to arbitrate, I understand that I will NOT have the right to have my claim determined by a jury, and the minor child(ren) above will NOT have the right to have claim(s) determined by a jury. Reciprocally, Releases waive their right to maintain a lawsuit against me and the minor
child(ren) above for any and all claims covered by this Agreement, and they will not have the right to have their claim(s) determined by a jury. ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO MY OR THE CHILD'S ACCESS TO AND/OR USE OF THE FIT KID PLAY AND PARTY PLACE FACILITY, INCLUDING THE
DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE BROUGHT WITHIN ONE YEAR OF ITS OCCURRENCE (i.e., the date
of the alleged injury) AND BE DETERMINED BY
ARBITRATION IN THE COUNTY WHERE THE FIT KID PLAY AND PARTY PLACE FACILITY IS LOCATED, BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS RULE 16.1 EXPEDITED ARBITRATION RULES AND PROCEDURES.
JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. This Agreement shall be governed by, construed and interpreted in accordance with
the laws of the State of New York, without regard to choice of law principles. Notwithstanding the provision with respect to the applicable substantive law, any arbitration conducted
pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Sec. 1-16). I understand and acknowledge that the JAMS Arbitration Rules to which I agree are available online for my review at
jamsadr.com, and include JAMS Comprehensive Arbitration Rules & Procedures; Rule 16.1 Expedited Procedures; and, Policy On Consumer Minimum Standards Of Procedural Fairness.
PHOTO/VIDEO/SOCIAL MEDIA WAIVER
In connection with my and the Child's use of the Fit Kid Play and Party Place Facility, I consent to the recording of the Child's and my physical likeness and/or voice through mechanical, photographic, technical, digital, electronic or other means
("Recordings"). I hereby consent to and authorize Fit Kid Play and Party Place and its agents, representatives, employees, successors and assigns to use, in perpetuity, such Recordings, as well as the Child's name and my name, for any purpose, including advertising, promoting, exploiting and/or publicizing Fit Kid Play and Party Place Facility. I further agree that the foregoing includes the consent to use the Child's and/or my physical likeness in any form. In addition, I waive any and all claims I may have in connection with the Recordings.
TERM OF AGREEMENT
I understand that this agreement extends forever into the future and will have full force and legal effect each and every
time I or my child (re)/ward(s) visit Fit Kid Play and Party Place located at 260 Rte 32, Central Valley NY 10917. SAFETY IS YOUR RESPONSIBILITY: EACH CHILD AND I AGREE TO FOLLOW THE CODE OF PATRON RESPONSIBILITY:
a) You acknowledge that there are inherent risks in the participation in or on any indoor play park, and that such risks include not only the use of slides but other activities and equipment. Patrons of an indoor play park who uses slides and those who engage in any other activities or use any other equipment, by participation, accept the risks inherent in such participation of which the ordinary prudent person is or should be aware. Patrons have a duty to exercise good judgment and act in a
responsible manner while using the slides and
other equipment, and while engaging in such activities. Patrons have a duty to obey all oral or written warnings, or both, prior to or during participation, or both.
b) You have a duty to not participate in any activity on any slide or engage in any other activity or use any other equipment, when under the influence of drugs or alcohol.
c) You have a duty to properly use all safety equipment provided, whether for the slides, trampolines at the indoor play park, or otherwise.
d) You have a duty to not participate in any activity on any slide or engage in other activities or use other equipment, if you have pre-existing medical conditions, circulatory conditions, heart or lung conditions, recent surgeries, back or neck conditions, knee or ankle conditions, high blood pressure, known pregnancy, any history of spine,
musculoskeletal or head injuries, or if you may be pregnant.
e) You have a duty to remove inappropriate attire including hard, sharp or dangerous objects such as buckles, pens, purses, badges and so forth.
f) You have a duty to avoid bodily contact with other patrons.
g) You have a duty to conform with or meet height, weight or age restrictions imposed by the manufacturer or owner to use or participate in any indoor play park activity, whether involving the use of slides or otherwise.
h) You have a duty to avoid crowding or overloading individual sections of the slides, or other equipment.
i) You have a duty to use the slides and other
equipment, within your own limitations, training and acquired skills.
j) You have a duty to avoid landing on the head or neck. Serious injuries, paralysis or death can occur when landing at the bottom of the slide incorrectly or elsewhere, whether involving the slides or
other equipment, or otherwise.
k) You also agree to follow and obey all posted and stated warnings and patron education signs.
I) You agree to explain all safety rules to each Child you accompany, and to ensure that each Child obeys the safety rules. I have had sufficient opportunity to read this document. I have read and understood and agree to be bound by its
terms. I understand that employees working at the Fit Kid Play and Party Place Facility, including the manager, do not have the authority to waive any provision of this Agreement. This Agreement constitutes and contains the entire agreement
between Fit Kid Play and Party Place and me relating to the Child's and my use of the Fit Kid Play and Party Place Facility. There are no
other agreements, oral, written, or implied, with respect to such matters. I further agree that this Agreement and the releases contained herein shall be construed in accordance with the laws of the State of New York. If any term or provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law governing this Agreement, the validity of the remaining portions shall not be
affected thereby. By signing below, I represent and warrant that I am the parent, legal guardian, or power-of-attorney of the above listed Children) and have the authority to execute this Agreement on his/her or their behalf and to act on his/her or
their behalf. I have read each and every paragraph in this document and I and they agree to be bound by the terms stated herein, including all releases of liability contained herein. I further agree to indemnify and hold harmless Releases from any and all claims which are brought by or on
behalf of this or these minor Child or Children, or any of them, which are in any way connected with, arise out of, or result from their use of-and presence at-the Fit Kid Play and Party Place Facility. I am 18 years of age or older. I am entering this agreement on behalf of the releasing parties.
WAIVER/RELEASE FOR COMMUNICABLE DISEASES INCLUDING COVID-19
In consideration of being allowed to use the Fit Kid Play and Party Place Facility (and to allow Child to use the Fit Kid Play and Party Place Facility),
I acknowledge, understand and agree that:
1. Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and
2. I KNOWINGLY AND FREELY ASSUME ALL SUCH
RISKS, both known and unknown, EVEN IF ARISING
FROM THE NEGLIGENCE OF THE RELEASES or others, and assume full responsibility for my participation; and
3. I willingly agree to comply with the stated and customary terms and conditions for participation as regards protection against infectious diseases which may include, but not be
limited to, (i) observing proper social distancing rules, (li) performing regular hand sanitizing, (ili) wearing masks and/or appropriate personal protective equipment, (iv) not entering the Fit Kid Play and Party Place Facility if exposed to
someone with any symptoms of such a communicable disease, (v) not entering the Fit Kid Play and Party Place Facility if suffering any symptoms of such a communicable disease, (vi)
permitting staff of the Fit Kid Play and Party Place Facility to take my or Child's temperature, and (vi) complying with any measure promulgated by the Fit Kid Play and Party Place Facility or any local,
state or federal authority.
4. If I observe any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the employees immediately; and
5. I understand and agree that all references-and my responsibilities related to-any "injury" or "injuries" described in this Agreement shall also pertain to communicable diseases; and
6. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS the Releases, WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM
THE NEGLIGENCE OF RELEASES OR OTHERWISE, to the fullest extent permitted by law.
IN SUMMARY, BY MY SIGNATURE BELOW, I ACKNOWLEDGE THAT IF I OR ANY OF MY CHILDREN ARE INJURED IN ANY WAY, THIS WAIVER PREVENTS AND PROHIBITS ANY RECOVERY OF MONEY FROM FIT KID PLAY AND PARTY PLACE ENTITY.
Please select who will be participating.
Adult and Minor(s)