NOTICE TO THE MINOR CHILD’S PARENT OR LEGAL GUARDIAN. READ THIS RELEASE, LIABILITY WAIVER, ASSUMPTION OF RISK, & INDEMNITY AGREEMENT (THIS “RELEASE”) COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN POTENTIALLY DANGEROUS ACTIVITIES. YOU ARE AGREEING THAT, EVEN IF THE BURROW CAFÉ AND PLAY USES REASONABLE CARE IN PROVIDING THE ACTIVITIES, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THE ACTIVITIES BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITIES WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS RELEASE, YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM THE BURROW CAFÉ AND PLAY IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITIES. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS RELEASE, AND THE BURROW CAFÉ AND PLAY HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS RELEASE. AGREEMENT. In consideration of participating in the play space, activity, or special event (the “Activities”) hosted, conducted or facilitated at Orlando, FL (the “Premises”) by The Burrow Café and Play LLC and/or its affiliates, administrators, directors, agents, offices, volunteers, and employees, other participants, any sponsors, advertisers, and, if applicable, owners and lessors of the Premises (collectively “The Burrow”), I execute this Release on my behalf and on behalf of the Participant(s) identified below. ASSUMPTION OF RISK. I fully understand and acknowledge that the Activities may be dangerous and involve risks of serious injury, including temporary or permanent disability, death, and/or property damage, which may be caused by the actions or inaction of the Participant(s), my own, of others participating in the Activity, the conditions in which the event takes place, or the negligence of the Participant(s) named below. I understand and acknowledge that the Activities may not be supervised and that the Burrow does not provide medical services. I further acknowledge that any injury I or the Participant(s) may sustain while participating in the Activities may be compounded by negligent or delayed medical service or negligent or delayed assistance by The Burrow. I fully understand and acknowledge that participation in the Activities may involve other risks either not known to me or not readily foreseeable at this time. I VOLUNTARILY AND FREELY ACCEPT AND ASSUME ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO MY AND THE PARTICIPANT(S) USE OF THE PREMISES AND THE PARTICIPATION BY ME AND THE PARTICIPANT(S) IN THE ACTIVITIES, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE, EVEN IF CAUSED BY NEGLIGENCE OF THE BURROW. RELEASE FROM LIABILITY. I hereby agree, on behalf of myself, the Participant(s), and our respective heirs and personal representatives, to fully and forever discharge and release The Burrow and its affiliates, and their respective partners, agents, operators, managers, employees, and representatives ("Released Parties") from any and all claims I and the Participant(s) may have or hereinafter have for any injury, temporary or permanent disability, death, damages, liabilities, expenses and/or causes of action, now known or hereinafter known in any jurisdiction in the world, attributable or relating in any manner to my or the Participant(s) entry upon and use of the Premises and participation in the Activities, whether caused by the negligence of The Burrow or any of the Released Parties or by any other reason. I acknowledge and agree that this Release is intended to be, and is, a complete release, as much as allowed by law, of any responsibility of the Released Parties for all personal injuries, temporary or permanent disability, death, and/or property damage sustained by me and the Participant(s) while on or using the Premises or participating in the Activities. COVENANT NOT TO SUE. I agree, for myself, the Participant(s), and all of our respective heirs, not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which I, the Participant(s), or our respective heirs may have as a result of any personal injury, death or property damage sustained by me or the Participant(s) while on or using the Premises or participating in the Activities. INDEMNIFICATION. I hereby agree to defend, indemnify and hold harmless The Burrow and the Released Parties from and against any third-party losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorneys' fees) and costs of any kind for any personal injury, loss of life or damage to property sustained by reason of or arising out of my or the Participant(s) use of the Premises or participation in any Activities. MEDICAL TREATMENT RELEASE. I hereby authorize The Burrow to secure, and I consent to, any medical treatment that may be given to me or the Participant(s) should The Burrow determine, in its sole discretion, that I or the Participant(s) need medical care, as a result of being on the Premises or participating in the Activities. I accept full responsibility for all costs related to my or the Participant(s) medical treatment, including any transport costs, and I release all parties involved from any type of liability for anything that may happen during my treatment or transport. RESPONSIBILITY FOR PERSONAL PROPERTY. I acknowledge and agree that I am fully and solely responsible for any of my and the Participant(s) property and personal belongings that I or the Participant(s) bring onto the Premises or use during the Activities, and that The Burrow will not be responsible for or provide any security for my and the Participant(s) property and personal belongings. NO REPRESENTATIONS BY THE BURROW. I acknowledge that The Burrow makes no representation as to the condition of the Premises or the safety of the Activities or any equipment either on the Premises or used in the Activities. I accept and shall use the Premises, and its equipment, in its "AS IS" condition. I acknowledge and agree that I am not relying upon any representation or statement by The Burrow or The Burrow’s employees, agents, sponsors, or representatives regarding this Release or the Premises or Activities, except to the extent such representations are expressly set forth in this Release. GOVERNING LAW AND VENUE. This Release will be governed by and interpreted in accordance with the laws of the State of Florida, without giving effect to the principles of conflicts of law of such state. Any claim arising out of this Release shall first be submitted to voluntary mediation in Orange, County, Florida. Venue for any dispute shall be exclusively in any state or federal court located in Orange County, Florida. MEDIA RELEASE. I further give my permission to The Burrow to use, without obligation, photographs, f ilm footage, or tape recordings of me or the Participant(s) for the purpose of promoting or advertising in, but not limited to, print and/or social media.. I further give my permission to The Burrow to use, without obligation, photographs, f ilm footage, or tape recordings of me or the Participant(s) for the purpose of promoting or advertising in, but not limited to, print and/or social media. MISCELLANEOUS. If any provision or portion of this Release shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect. This Release is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this Release shall be valid unless in writing and signed by authorized representatives of the parties. This Release shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties. I, THE PARENT AND/OR LEGAL GUARDIAN OF THE PARTICIPANT(S) NAMED BELOW, HEREBY ACKNOWLEDGE THAT I HAVE FULLY READ AND UNDERSTAND EACH OF THE ABOVE PROVISIONS AND THAT I UNDERSTAND I AM GIVING UP SIGNIFICANT LEGAL RIGHTS OF MINE AND THE PARTICIPANT(S), INCLUDING THE RIGHT TO SUE THE BURROW. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT, AND I EXECUTE THIS RELEASE VOLUNTARILY AND FOR ADEQUATE CONSIDERATION INTENDING TO BE FULLY BOUND. Today's Date: January 22, 2025 |