Participation Agreement, Liability Waiver, and Hold Harmless Agreement

I, the undersigned, acting both for myself individually and in my capacity as the parent or legal guardian of the minor child(ren) whose name(s) is/are set forth below (each referred to as a “Participant” and collectively as the “Participants”), and in consideration of myself and the Participants being permitted to enter or use the Facilities (as defined below) and to participate in the Activities (as defined below) offered or conducted by Creative Play Café LLC, a Kentucky limited liability company (hereinafter “Creative Play Café), voluntarily enter into this Participation Agreement, Liability Waiver, and Hold Harmless Agreement (this “Agreement”), and hereby agree as follows:

 

  1. Facilities – Facilities shall be defined to include both the interior or exterior areas of any business location owned, leased, managed or operated by Creative Play Café, whether now in existence or opened in the future, including by way of example and not limitation, snack bars, play areas, common areas, restrooms, walkways and parking lots.

 

  1. Activities – Activities shall be defined as any or all of the various products, activities and services offered or made available to the Participants, or to their parent(s) or legal guardian(s), by Creative Play Café, an indoor playground and café, at any of its Facilities.

 

  1. For the sake of brevity, and for all purposes of this Agreement, each and every reference in this Agreement to Creative Play Café shall include by extension, and without limitation, its owners, officers, managers, members, directors, principals, parent entities, subsidiary entities, affiliated entities, volunteers, employees, agents, representatives, attorneys, independent contractors, insurers, Facilities operators, landlords and/or Facilities owners of whatever nature, together with their respective heirs, representatives, beneficiaries, insurers, successors and assigns.

 

  1. I understand that Creative Play Café is not responsible to supervise Participants who enter or use the Facilities or participate in the Activities, and that it is my responsibility to supervise any Participants I bring into the Facilities or allow to participate in the Activities.

 

  1. I and the Participants understand and agree to the comply with all safety rules, policies and play guidelines as outlined oncom. I acknowledge that these rules, policies and guidelines may change without notice and that I am solely responsible to read them and to be familiar with them prior to allowing the Participants to enter the Facilities or participate in the Activities.

 

  1. An inherent risk of exposure to communicable or contagious diseases, including but not limited to COVID-19, exists in any public place where people are present. BY VISITING CREATIVE PLAY CAFE, BOTH I AND THE PARTICIPANTS VOLUNTARILY ASSUME ALL RISKS OF EXPOSURE TO COMMUNICABLE OR CONTAGIOUS DISEASES OF ANY AND EVERY NATURE AND KIND.

 

  1. ASSUMPTION OF RISK OF PHYSICAL INJURY– I understand that the Activities entail the risk of severe bodily injury to the Participants. Injuries that could result may vary, but may include, by way of example and not limitation, (a) minor injuries such as scratches, bruises and sprains; (b) major injuries such as eye injury or loss of sight, joint or back injuries and concussions; and (c) catastrophic injuries, including paralysis and even death.  I understand that Creative Play Café, LLC cannot eliminate all risks or guarantee the safety of the Participants while Participants use the Facilities or participate in the Activities. I have made my own investigation of these risks, understand these risks, and assume them knowingly and willingly on behalf of myself and the Participants.  Notwithstanding these risks and other hazards that may be foreseeable but not specifically identified herein, I, for myself and the Participants, and our respective heirs, personal representatives, beneficiaries, insurers, successors and assigns, hereby understand, acknowledge, and expressly and voluntarily assume all risks and full responsibility for any illness, sickness, injury or death, of any and every kind or nature whatsoever, arising out of or in any way related to the Facilities or the Activities.

 

  1. RELEASE, DISCHARGE & AGREEMENT NOT TO SUE– I, acting for myself and the Participants and our respective heirs, personal representatives, beneficiaries, insurers, successors and assigns, do hereby release, discharge and agree not to sue Creative Play Café for any illness, sickness, injury to or death of any Participant arising, directly or indirectly, from participation in the Activities or use of the Facilities, or from any act or omission of Creative Play Café relating in any way to the Activities or the Facilities. This release, discharge and covenant not to sue shall relate to any and all claims or legal rights now existing or arising in the future, including claims and legal rights arising out of any negligence, act or omission of Creative Play Café and any other breach of any legal duty arising out of common law, statute, contract or otherwise.

 

  1. INDEMNIFICATION AND HOLD HARMLESS– I agree to indemnify and hold harmless Creative Play Café, without limitation, from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including but not limited to attorney’s fees and court costs, incurred due to claims brought by any party as a result of or arising out of my or any Participant’s use of the Facilities or involvement in the Activities and agree to reimburse Creative Play Café for any such sums as they are incurred.

 

  1. Security Cameras. I understand and agree that security cameras installed around and within the Facilities are for the safety of all participants and may be referenced for all legal purposes should any incidents or injury occur.

 

  1. Photo Release. I grant Creative Play Café permission to use any photographs, video, or audio recordings obtained of me or any Participant at any Facilities for any legal use including but not limited to publicity, advertisement and internet content. I understand that no royalty or other compensation shall be payable to me or any Participant by reason of such use.

 

  1. Choice of Law and Venue. This Agreement shall be governed by the laws of the Commonwealth of Kentucky without regard to conflict of laws principles.  Any action to enforce this Agreement in whole or in part shall be brought in the courts of Kenton County, Kentucky.

 

  1. Scope of Agreement:I understand that this Agreement has no expiration date, and that it extends forever into the future and will have the same full force and legal effect each and every time I or any Participant visits the Facilities.  I agree that this Agreement is intended to be as broad and inclusive as is permitted by the laws of the Commonwealth of Kentucky.

 

  1. I agree that if any portion or provision of this Agreement is held to be invalid, the balance of the Agreement shall, notwithstanding, continue in full legal force and effect.

 

  1. Entire Agreement. This Agreement constitutes the entire agreement between me, the Participants, and Creative Play Café, and supersedes any prior representations, warranties, promises, covenants, agreements, or guarantees of any kind or character whatsoever, whether express or implied, oral or written, between me, the Participants, and Creative Play Café in any way related to the subject matter of this Agreement.

 

  1. Parent or Legal Guardian Certification – I hereby certify that I am the parent or legal guardian of each Participant whose name appears below, and that I have authority to waive rights on behalf of said Participant(s). I have read and I understand all the provisions of this document and the risks associated with the Facilities and the Activities. I understand that use of the Facilities or participation in the Activities could result in sickness, illness, injury and even death.

 

I CERTIFY THAT I HAVE READ THIS DOCUMENT CAREFULLY AND UNDERSTAND ITS CONTENT AND LEGAL EFFECT. I AM AWARE THAT THIS IS A RELEASE AND WAIVER OF LIABILITY, AS WELL AS A CONTRACT, AND THAT BY SIGNING IT I AM GIVING UP CERTAIN LEGAL RIGHTS ON BEHALF OF BOTH MYSELF AND MY CHILD(REN), INCLUDING THE RIGHT TO BRING A LAWSUIT IN COURT AND TO HAVE OUR CLAIM(S) DECIDED BY A JURY. FULLY UNDERSTANDING THE LEGAL SIGNIFICANCE OF THIS AGREEMENT, I VOLUNTARILY SIGN IT OF MY OWN FREE WILL.