In consideration for being permitted in the Kidz Sandbox Station, LLC facility, and participating in the related activities conducted by and at Kidz Sandbox Station, LLC I agree as follows:
ASSUMPTION OF RISK: I agree that on behalf of myself and my child/ward (collectively, the “Participants”), I am voluntarily permitting the Participants to participate in Activities offered by Kidz Sandbox Station including, but not limited to, the use of the sandbox(es), toys, equipment, facilities and the premises. I am assuming on behalf of all of the undersigned Participants, all risk of personal injury, death, or disability to Participants that may result from participation, or any damage, loss or theft of any personal property which Participants may incur. I understand that the Kidz Sandbox Station facility has structures, equipment, play structures, sand, other equipment and materials that may have inherent risks. Further, I have explained these risks and the posted Kidz Sandbox Station Rules to the Participants.
HEALTH & MEDICAL COMPLIANCE: I understand that Participants are not allowed in the Kidz Sandbox Station facility if any Participant has a temperature or contagious medical condition. In addition, Participants agree to comply with all local, state, and federal health guidelines, and amendments thereto: including compliance with orders and guidelines related to any other health and medical conditions.
RELEASE OF LIABILITY: I expressly release and forever discharge Kidz Sandbox Station from any and all liability, claims, demands or causes of action whatsoever arising out of any damage, loss, personal injury, death or becoming a carrier or sick from any illness, virus, bacterial infection or other disease, while participating in any of the activities offered at the Kidz Sandbox Station facility. This Includes, without limitation, use of sandboxes, sandbox equipment, toys and Birthday Parties / Group & Private Events and any other activities in the Kidz Sandbox Station facility. This release is valid and effective whether the damage, loss, or death is a result of any act or omission on the part of any of the parties of Kidz Sandbox Station or from any other cause. This Waiver and Release of Liability includes, without limitation, injuries, or accidents, which may occur as a result of the:(a) use or misuse of the Kidz Sandbox Station 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, (e) slipping, tripping and /or falling while in the facility or on the surrounding premises, or (i) disregard of posted safety guidelines.
DISPUTE RESOLUTION: If a dispute arises in connection with this agreement, the parties agree to first enter into mediation in good faith to settle such a dispute. Costs related to mediation shall be equally shared between parties. All disputes not settled in mediation within a period of sixty (60) days shall be settled by arbitration administered by the American Arbitration Association, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
MARKETING: I further grant Kidz Sandbox Station, LLC, the right to photograph, videotape, and/or record of any of the Participants and to use Participants’ name, face, likeness, voice and appearance in connection with exhibitions, publicity, advertising, and promotional materials without reservation or limitation.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF ALL LIABILITY AND A WAIVER OF ANY RIGHT THAT I MAY HAVE ON BEHALF OF PARTICIPANTS TO BRING A LEGAL ACTION OR ASSERT A CLAIM FOR INJURY OR LOSS OF ANY KIND AGAINST KIDZ SANDBOX STATION, ITS OWNER, EMPLOYEES, CONTRACTORS, VENDORS, AGENTS, EVENT GUESTS OR VISITORS. SHOULD ANY CLAIM BE MADE, I UNDERSTAND AND AGREE THAT I WILL BE RESPONSIBLE FOR ALL ATTORNEYS’ FEES AND DEFENSE COSTS INCURRED BY KIDZ DIG IT, IN CONNECTION WITH OR IN THE DEFENSE OF THAT CLAIM.
I have read the above and considered its content and effects, and agree, on behalf of myself and my child/ward, to the terms as stated above. This agreement specifically contains an indemnity agreement whereby I agree to reimburse the Kidz Sandbox Station against any damages (including attorney’s fees and costs) incurred as a result of any lawsuit, claim, or action brought by Participants, or any other party, related in any way to Participants’ use of the Kidz Sandbox Station facility. I further understand that no person has permission to use the Kidz Sandbox Station facility without an effective and validly signed Release and Parental/Guardian Waiver of Liability.
I understand that I am voluntarily giving up my and or the Participants’ right to bring a lawsuit or claim against Kidz Sandbox Station. I further understand and accept the above risks related to these activities.
