THE PLAY LOFT, LLCPARTICIPATION AGREEMENT, ASSUMPTION OF RISK, WAIVER OF LIABILITY & RELEASEPLEASE READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.
1. Acknowledgment of Risk
I understand that participation in open play, birthday parties, private events, pop-up events, and any other activities hosted by The Play Loft, LLC (“activities”) involves inherent risks, including but not limited to minor or serious injury, illness, paralysis, or even death. These risks may arise from use or misuse of play equipment, interaction with other participants, falls, slips, collisions, or the condition of the facility itself.
By signing below, I acknowledge that I have voluntarily chosen to allow myself and/or my child(ren) to participate in such activities and that I knowingly assume all risks, whether known or unknown.
Additional Acknowledgment of Risk I understand that injuries or damages may occur despite The Play Loft, LLC taking reasonable precautions, supervision measures, safety rules, inspections, and maintenance efforts, and I voluntarily assume all such risks on behalf of myself and my child(ren).
2. Release and Waiver of Liability
In consideration for being permitted to participate, I hereby waive, release, and forever discharge The Play Loft, LLC, its owners, members, managers, employees, agents, volunteers, independent contractors, instructors, vendors, affiliates, and representatives (collectively “Releasees”) from any and all claims, whether known or unknown, present or future, demands, damages, or causes of action arising out of or related to, including but not limited to, any loss, injury, damage, or emotional distress that I or my child(ren) may suffer as a result of participation in these activities—whether caused by the negligence of the Releasees or otherwise.
I further agree to hold harmless, defend, and indemnify The Play Loft, LLC and the Releasees from any claim brought by or on behalf of myself, my child(ren), or any third party related to such participation, including attorney’s fees and related costs.
3. Voluntary Participation
I understand that participation is completely voluntary and that I and my child(ren) are participating at our own risk. I accept full responsibility for my child(ren)’s behavior and for supervising them during all activities at The Play Loft, LLC.
4. Rules and Parent Responsibilities
To help ensure a safe and enjoyable experience for everyone: - Socks are mandatory for all adults and children (available for purchase if needed). Grippy socks are highly recommended for added safety.
- Parents/caregivers must supervise and accompany their children at all times while on the premises. Children must be accompanied by a parent or caregiver 18 years or older. The Play Loft, LLC is a parent-supervised facility.
- Parents/caregivers remain solely responsible for supervising their children at all times and ensuring children do not climb on, bypass, or misuse gates, barriers, or safety features within the facility.
- No rough play, pushing, or climbing on furniture or walls.
- Food and drinks are permitted at designated tables and benches only. Food and beverages must remain out of the play space.
- Glass containers, gum, candy, and sharp objects are not permitted anywhere in the facility.
- The Play Loft, LLC is not responsible for lost, stolen, or damaged personal belongings.
- No smoking, alcohol, or weapons of any kind are allowed on the premises.
- Children who are ill (fever, vomiting, or contagious conditions) should not attend until symptom-free for 24 hours.
- Open Play sessions are valid for up to two (2) hours and must be used within a single visit.
- A liability waiver must be completed and signed upon entry for all participants.
- Play Packs and Memberships are non-refundable regardless of usage.
- The Play Loft, LLC reserves the right to remove any participant or guest for unsafe behavior or failure to follow staff instructions. No refunds will be issued in such cases.
5. Food and Allergen Acknowledgment
The Play Loft, LLC may maintain policies intended to limit certain allergens within the facility; however, The Play Loft, LLC cannot guarantee an allergen-free environment.
Food and beverages may be sold, provided, catered, or brought onto the premises during parties, events, or general participation, including pizza, cakes, snacks, fruit, and outside food.
I acknowledge that exposure to food allergens or choking hazards may occur despite reasonable precautions and that participation involving food consumption is voluntary and at my own risk and the risk of my child(ren). I accept full responsibility for monitoring food consumption and managing any known allergies.
6. Facility Conditions and Environmental Risk Acknowledgment
I understand that The Play Loft, LLC is an active children’s play environment and may include play equipment, decorations, cleaning procedures, and general facility features that present inherent risks.
I acknowledge and accept that: - Play structures, slides, climbing features, and recreational equipment involve movement, speed, height, and the possibility of slips, trips, falls, or collisions.
- Not all areas contain padding or mats, and injuries may occur despite supervision and safety measures.
- The facility may include gates, doors, seating, furniture, step stools, or similar fixtures intended for normal family use.
- Children may attempt to climb on, crawl under, open, or misuse such features despite supervision.
- Cleaning and sanitation products are used as part of normal operations and, despite reasonable storage and safety practices, may be present within the environment.
I voluntarily assume all risks associated with participation within the facility on behalf of myself and my child(ren).
7. Responsibility for Damages
I agree to be responsible for any damages to equipment, property, or the facility caused by myself, my child(ren), or any guests in my care, whether intentional or due to negligence. The Play Loft, LLC reserves the right to charge repair or replacement costs as deemed appropriate and may charge the payment method on file or bill me directly.
8. Health Insurance Acknowledgment
I acknowledge that I am solely responsible for maintaining adequate health and accident insurance coverage for myself and my child(ren). The Play Loft, LLC does not provide medical insurance coverage for participants.
9. Emergency Response
In the event of an injury or emergency, I authorize The Play Loft, LLC staff to contact emergency services if deemed necessary. I understand that I am responsible for any related medical expenses.
I acknowledge that The Play Loft, LLC assumes no responsibility for the outcome of any medical assistance provided.
10. Photo and Video Release
I grant permission to The Play Loft, LLC, its owners, members, managers, employees, agents, independent contractors, instructors, vendors, entertainers, photographers, and program partners to photograph and/or record myself and/or my child(ren) during participation for promotional materials, social media, advertising, or related business purposes without compensation.
I understand that third-party instructors, vendors, entertainers, or program partners operating within The Play Loft, LLC may also capture photographs or video during activities. I consent to such use unless written notice opting out is provided prior to participation.
11. Security Cameras
The Play Loft, LLC utilizes video surveillance cameras within portions of the facility for safety and security purposes. By entering the premises, I consent to video recording of myself and my child(ren). Cameras are not continuously monitored and do not replace parental supervision. Recorded footage may be reviewed or disclosed when reasonably necessary for safety, legal, insurance, or operational purposes.
12. Dispute Resolution and Governing Law
In the event of any disagreement or dispute arising out of this agreement, both parties agree to first make a good faith effort to resolve the matter through direct discussion or mediation before pursuing formal action.
If resolution cannot be reached, the dispute shall be governed by the laws of the State of New Hampshire and resolved through binding arbitration in Hillsborough County, New Hampshire. Each party shall bear its own costs and attorney’s fees.
13. Acknowledgment and Consent
By signing below, I acknowledge that I have carefully read this waiver and fully understand its contents. I understand that this is a release of liability and an agreement to indemnify The Play Loft, LLC. I sign it freely and voluntarily on behalf of myself and my child(ren).
Compliance With Rules and Signage I agree to follow all posted rules, safety instructions, and staff directions while participating at The Play Loft, LLC and assume all risks resulting from failure to comply.
Health and Illness Acknowledgment I understand participation involves interaction with others and shared surfaces. The Play Loft, LLC cannot guarantee participants will not be exposed to illness, and I voluntarily assume such risks.
Right to Refuse or Remove Participation The Play Loft, LLC reserves the right to refuse entry or remove any participant whose behavior is unsafe or disruptive, without refund when necessary for safety.
Severability If any portion of this agreement is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Parent / Guardian / Authorized Caregiver Authorization
I certify that I am the parent, legal guardian, or an authorized caregiver (including but not limited to a grandparent, babysitter, nanny, or family member) with permission from the child’s parent or legal guardian to supervise the participating child(ren).
I agree to all Play Loft rules, policies, waivers, and releases on behalf of the child(ren) and accept responsibility for their supervision during this visit.
The Play Loft may rely on this authorization in allowing participation.
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