RELEASE AND PARENT/GUARDIAN WAIVER OF LIABILITY AND ASSUMPTION OF RISK
BY SIGNING THIS DOCUMENT, YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATOIN FOLLOWING AN ACCIDENT ON YOUR BEHALF AND ON BEHALF OF YOUR CHILD/CHILDREN
PLEASE READ CAREFULLY!
I, the undersigned on my behalf and, if applicable, my child/ward named below (hereinafter "releasor"), hereby acknowledge that I and my child/ward, desire to voluntarily participate in the activities and services provided EverKids Playhouse LLC and its affiliates, instructors, officers, managers, agents, employees, designers, licensors, and members, as well as the property owner and tenants of the property and the owners, manufacturers and installers of the equipment comprising The EverKids Playhouse facility (collectively, " EverKids Playhouse " or "releasees"), including but not limited to, the use of the equipment, facilities, ball pit, strenuous bodily movement, and the premises (hereinafter collectively referred to as " EverKids Playhouse activities & services"), and further agree and acknowledge as follows:
ASSUMPTION OF RISK: I, the undersigned, understand and acknowledge that EverKids Playhouse activities & services have varying effects on individuals based upon their size, age, physical condition and/or state of health. I further recognize, acknowledge and agree that it is my sole decision whether to consult with medical professional prior to participating in EverKids Playhouse activities & services and that EverKids Playhouse recommends that participants consult with a medical professional prior to participating in EverKids Playhouse activities & services, especially if a member has had a recent injury, surgery, pregnancy or other health conditions. I, and/or my child/ward, have either consulted a physician and received medical advice and consent to participation in EverKids Playhouse activities & services or have waived such advice and consent of physician and accept any and all RISKS. I am assuming, on behalf of myself and/or child/ward, all risk of personal injury, death, or disability to myself and /or child/ward that my result from participation, or any damage, loss or theft of any personal property which me and/or child/ward may incur. I hereby agree to accept any and all risk of injury, illness, or death inherent in the playhouse activities & services and verify this statement by placing my signature below.
RELEASE OF LIABILITY: I understand that I, and/or my child/ward, will be engaging in EverKids Playhouse activities & services using EverKids facilities and it is my voluntary and informed decision to release any future lawsuits or claims that I and/or they have or may have against the releasees. Releasor expressly releases and forever discharges and holds harmless releasees from any and all past, present and future liability, claims, demands or causes of action whatsoever arising out of their acts and/or omissions, including but not limited to, demands, obligations, actions, causes of action, rights, damages, costs, negligence claims, gross negligence claims, assault claims, deceptive trade practice claims, contract claims, intentional infliction of emotional distress claims, personal injury claims, premises liability claims, principal-agent liability claims, mental anguish claims, pain and suffering claims, physical impairment claims, disfigurement claims, lost wages claims, loss of earning capacity claims, warranty claims, punitive damages claims, exemplary damages claims, and any other form of compensatory claims of any nature whatsoever, whether based on a tort, contract, or other theory of recovery, whether same be known and realized or unknown and not realized, that , my assignees, heirs, distributes, guardians or legal representatives now have, have had, or ever will have; for injury, illness, death, or damage resulting from my participation in the playhouse activities & services and the risks involved with same. This release is intended by both parties to be as broad in its effect as allowed by law. This release is valid and effective whether the damage, loss, or death is a result of any act or omission on the part of accidents, which may occur as a result of the: (a) use or misuse of the facility in any way by anyone; (b) use of any equipment that malfunctions or breaks; (c) improper maintenance of the facility, grounds or any equipment; (d) instruction or supervision; or (e) slipping, tripping and/or falling while in the facility or on the surrounding premises.
As consideration for being permitted by EverKids Playhouse to participate in EverKids Playhouse activities & services, I hereby agree that I, my assignees, heirs, distributes, guardians, and legal representatives will not make a claim against, or sue EverKids Playhouse or its past, present or future parent, subsidiaries, affiliates, other related entities, successors, owners, members, managers, officers, agents, employees, servants, assigns, investors, legal representatives, and all individuals, and entities involved in the operations of EverKids Playhouse for injury, illness, death or damage resulting from my participation in EverKids Playhouse activities & services and the RISKS involved therein.
I further grant EverKids Playhouse the right to photograph, videotape, and/or record me and/or my child/ward and to use my or my child's/ward's name, face, likeness, voice and appearance in connection with exhibitions, publicity, advertising, and promotional materials without reservation or limitation.
I HAVE CAREFULLY READ THIS WAIVER, EVERKIDS PLAYHOUSE RULES, RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT IN ITS ENTIRETY AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK AGREEMENT AND A LEGAL CONTRACT BETWEEN ME AND THE PLAYHOUSE AND THAT IT AFFECTS MY LEGAL RIGHTS. I AM SIGNING THIS DOCUMENT OF MY OWN FREE WILL.
Minor Age Participants (under age 18)
All participants under the age of 18 at the time of the event must have a parent or guardian sign below.
I hereby certify that I am the parent or guardian with legal responsibility for the above-signed participant and agree to his/her participation and release and hold EverKids Playhouse, their officers, officials, agents or employees from any and all liability for his/her injury, disability, death, loss or damage to personal property.
I acknowledge that I have read this release of liability in its entirety and assume all risk for the above named minor and sign this release voluntarily and without inducement.