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RELEASE AND INDEMNIFICATION AGREEMENT. PLEASE READ THIS DOCUMENT CAREFULLY. BY SIGNING, YOU ARE LEGALLY BOUND TO THIS AGREEMENT.
This Release and Indemnification Agreement (Agreement) is entered into by the Adult Participant, and Minors named below, the Adult Participant on behalf of and as parent or legal guardian for the Child Participant(s) in favor of Stay N’ Play. Collectively and severally, Adult Participant and Child Participant are referred to as the Participant. In consideration of Stay N’ Play permitting Participant access to the Premises and the ability to participate in the Activities, including the Activities that may occur in, about, or near 3434 Long Prairie Rd. Ste 100, Flower Mound TX 75022 or any other premises owned or operated by Stay N’ Play wherever located (Premises), Participant agrees as follows:
1. Nature of the activities. Stay N’ Play operates an indoor playground which offers Participants (a) the opportunity to participate actively or passively, in the playground arena activities, including, but not limited to, multi-level indoor playscape , bumper cars, bounce house, pretend playhouses, use of equipment, toys, services and participation in any Stay N’ Play related activities. Activities include all events, private parties and/or any programs hosted by Stay N’ Play.
2. Risks associated with activities. Participant acknowledges there are inherent risks in and injuries that may occur from participating in the Activities, including, but not limited to, cuts; bruises; muscle strain; twisted or sprained ankles, knees, shoulders, or wrists; concussions; equipment malfunction; defective design or manufacture of equipment; improper or negligent installation of equipment; negligent maintenance of equipment; broken bones; physical or emotional injuries; landing wrong; over-exertion; failure of the attraction surface or attachments; being hit by a ball; collisions with other participants; erratic co-participant behavior; slipping, falling, or tripping; equipment failure; error of judgment by employees; personal injury to third persons; or property damage.
2.2 Exposure to Bacteria, fungus, virus and unknown contagious diseases. By entering the Premises or when engaging in the Activities, there is a risk of exposure to bacteria, fungus, viruses, unknown contagious diseases and COVID-19, which notwithstanding governmental recommendations and the practices of Stay N’ Play, cannot be eliminated. Consequently, to the fullest extent permitted by law, participant knowingly and fully assumes the risk of, releases, and shall indemnify Stay N’ Play from all claims (as defined in section 5 below) or bodily injury resulting from participant’s exposure to any bacteria, fungus, virus, unknown contagious diseases or Covid-19 and in any way connected to participant’s entry into the premises or engagement in the activities.
3. Assumption of risks. Notwithstanding the foregoing risks and safety measures implemented by Stay N’ Play, Participant acknowledges it is impossible to eliminate all risk of injury. Participant affirms that participation in the activities is voluntary and participant knowingly, with understanding of the risks and potential injuries, assumes all risks inherent with the activities and access to the premises.
4. Release and Indemnity. To the fullest extent permitted by law, adult participant on behalf of himself, child participant, and their heirs, executors, and representatives releases, agrees not to sue, and shall indemnify Stay N’ Play, WBF Enterprises LLC, the legal owner of the premises, the landlord, condominium property owner’s association, mortgagees and management company of the premises, and any of their lenders, parents, affiliates, subsidiaries, officers, directors, shareholders, members, managers, partners, agents, employees, contractors, representatives, heirs, assigns, volunteers, independent contractors, equipment suppliers, and insurers of all of them (collectively, protected parties) from and against all liabilities, losses, damages, claims, demands, actions, suits, causes of action, costs, fees, and expenses (including reasonable attorney’s fees and court or other costs) (collectively, claims) relating to, resulting from, or arising out of or alleged to have arisen out of (in whole or in part) any property damage or bodily injury to participant resulting in any way from (a) participant’s use of the premises, (b) participant’s active or passive participation in the activities, (c) loss or theft of personal property or (d) participant’s breach of this agreement. This release and indemnity shall apply even if the claim is caused in whole or in part by the negligence, gross negligence, strict liability, or willful misconduct of the protected parties or participant. The indemnity shall also include adult participant’s obligation to indemnify the protected parties from (a) any sum or settlement paid to or on behalf of the child participant resulting from a claim in any way involving the foregoing subsections and (b) all claims resulting from or relating to any insufficiency of participant’s legal capacity or authority to execute this agreement for or on behalf of the child participant.
5. Authority. If Adult Participant signs this Agreement on behalf of his/her spouse, child, family member, friend, minor child, or other person, Adult Participant warrants and represents to Stay N’ Play that he/she has the legal authority and such person’s actual and implied authority to execute this Agreement on their behalf.
6. License. Participant irrevocably grants the Protected Parties the right to use all or a portion of an image or video of Participant in all forms and media including composite or modified representations for all purposes, including advertising, trade or any commercial purpose. Participant waives the right to inspect or approve versions of images or videos used for publication or the written copy that may be used in connection with the images/videos.
Participant expressly agrees that this Agreement is intended to be as broad and inclusive as is permitted by the laws of the state in which the Premises is located and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
By executing this agreement, I represent I had a sufficient opportunity to read this agreement, I have read and understand this agreement, and I agree to be bound as set forth herein.