RELEASE OF LIABILITY AND ASSUMPTION OF RISK
The individual(s) named below (referred to as "I" or "me") desire(s) to participate in, and/or to allow my children or the children under my care to participate in, (along with me, referred to collectively as the “Participant”) the play activities and facilities (the "Activity") offered by Always Sweet Love, LLC, a Texas limited liability company, d.b.a. Sweet Love Kid Play (the "Company"). As consideration for being allowed to enter our facility, the play area and/or participate in any party, event and/or program at Sweet Love Kid Play, I agree on my own behalf and on behalf of all Participants and those claiming by, through, or under the Participants (collectively, the “Claimant”) to all the terms and conditions set forth in this Release.
I represent that I am the parent or legal guardian of the Participant(s) named below or I have obtained permission from the parent/legal guardian of the Participant(s) named below to execute this agreement on their behalf.
Adult Supervision Required - I understand that adult supervision of each child by that child's parent or authorized caregiver is always required during the Participant’s presence at the Company’s facilities, including in parking areas and regardless of whether the Participant is actively participating in the Activity. I, therefore agree to supervise all Participants and to ensure their behavior comports with the Company’s posted policies and procedures, including the following: No bullying, taunting, or harassment; No hitting, slapping, punching, hair-pulling, scratching, tripping, kicking, stomping, fighting or other physical assaults, altercations, or other physically harmful actions; and no obscene, racist, or otherwise offensive or harmful language or gestures.
I further acknowledge and agree that the Company shall not be liable for injury resulting from an absence of adult supervision, including, but not limited to, choking hazard, child leaving the property of the Company without a parent or caregiver.
Communicable Diseases - I understand and acknowledge that the Company’s goal is to provide a safe and healthy play environment for all Participants. By signing this Release, I therefore represent and warrant to the Company that no Participant has tested positive for COVID-19 or any other communicable disease within the past 72 hours, no Participant has had a fever or other symptoms of illness within the last 72 hours; and I have no actual knowledge that any Participant has a communicable disease or reason to believe the same. I understand that the Company is relying on these representations and would not allow the Participants to experience the Activity without them.
Assumption of Risk - I acknowledge that by participating in the Activity creates a risk of physical, mental, and monetary injuries to the Participant. Injuries that could result will vary but may include the following (referred to collectively as “Injuries,” regardless of cause) (a) minor physical injuries such as scratches, bumps, bruises, and sprains; (b) medical injuries, such as a respiratory or skin infection; (c) major physical injuries such as eye injury or loss of sight, joint or back injuries, broken bones, torn ligaments and tendons, and concussions; (d) catastrophic physical injuries, including paralysis and even death; (e) psychological injuries, such as depression, anxiety, post-traumatic stress, and suicidal ideation; and (f) financial injuries, such as those resulting from property damage or theft of property or information. Notwithstanding the risk of Injuries and other hazards that may be foreseeable but not specifically identified in this Release, I — for myself and all Participants and our respective heirs, personal representatives, and assigns (i) understand, acknowledge, and expressly and voluntarily assume all risk of and responsibility for Injuries that may occur to myself and the Participants arising out of or related to the Activities; and (ii) waive and release all known and unknown claims for losses, damages, liabilities, deficiencies, actions, judgments, settlements, interest, awards, penalties, fines, costs and expenses of every kind (including reasonable attorneys’ fees), the cost of pursuing insurance providers, and other remedies of every kind and character under any now-existing or later-developed legal theory (collectively “Claims”) against the Company, and its officers, directors, manager(s), employees, agents, attorneys, parents and subsidiaries, affiliates, shareholders and members, successors, and assigns (collectively, "Releasees"), on account of Injuries arising out of or related or attributable to the Activity, including Injuries caused or contributed to by the ordinary negligence of the Company or any Releasees, attributable to negligence per se, arising out of strict liability, or otherwise. I, for myself and for all participants.
Indemnification and Hold Harmless – I agree to indemnify company and hold company harmless from, without limitation, any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees and costs, incurred due to claims brought by any party as a result of or arising out of my or my minor participation child’s involvement in the activities and agree to reimburse company for any costs, expenses and fees as they are incurred.
I consent on my own behalf and on behalf of all Participants to receive first aid and other medical treatment deemed necessary if a Participant is injured or requires medical attention while engaging in the Activity or present at the Company’s facility. I understand and agree that I am solely responsible for all costs related to such medical treatment and all related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Company from all present and future Claims arising out of or relating to such treatment or other medical services, including Claims caused or contributed to by the negligence, negligence per se, or strict liability of the Company or anyone acting or purporting to act on the Company’s behalf.
Payment for damages - I agree to pay for any and all damages to any property or equipment as a result of my or my participant/s willful actions, neglect, or recklessness and agree to be held liable for all such costs associated with such damages.
I grant the Company permission to use myself or participants in photographs, videos, and other digital media in any and all publications, including web-based publications, without payment or other consideration.
I understand that my agreement and completion of this Waiver on or before the first visit will authorize the Company to use it as a continuous waiver for my Participant’s ongoing participation in the Activities.
This Release constitutes the entire agreement of the Company and me with respect to the subject matter this Release contains and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or the other agreements or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Releasees and me and our respective heirs, successors, and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Tarrant County, Texas and I hereby consent to the exclusive jurisdiction of such courts.
By signing, I acknowledge I have read and understood all terms of this entire agreement and agree to accept the terms and conditions of this release. You are consenting to the use of your electronic signature in lieu of an original signature of paper.
Playground House Rules:
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Must sign waiver before entering the play space.
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Parents/caregivers are required to be responsible for their children at all times.
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Play equipment is designed for children 0-7.
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No shoes in playspace.
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adults & children are required to wear sweet love socks.
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No food or drinks in play area.
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No toys in playground.
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Please no running.
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Be kind. Please do not push, hit, or injure other children.
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One child at a time on slide. Feet first forward position.
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No climbing on or up slides.
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Strollers not allowed in play area.
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Please change all diapers in the bathrooms.
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Sweet Love is not responsible for lost, stolen, or damaged items.
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