The Treehouse Indoor Play and Cafe
Indoor Playground Waiver of Liability / Assumption of Risk
Please read this entire waiver carefully and check each box as you read and agree to each section of this agreement, as this is a legal binding document.
By signing this waiver, I am giving up my rights and the rights of my spouse and children and wards to sue The Treehouse Indoor Play and Cafe for any injury, including paralysis or death, caused in whole or in part by the negligence or fault of The Treehouse Indoor Play and Cafe
I further grant The Treehouse Indoor Play and Cafe the right, without reservation or limitation, to videotape, and or record me and/or my child(ren) and/or my wards on closed circuit television without compensation to me or my child(ren).
As consideration for being allowed to enter the indoor play area and/or Participate in any party, activity and/or program at The Treehouse Indoor Play and Cafe, the undersigned, on his or her behalf, and on the behalf of the Participant(s) identified below, acknowledges, appreciates, understands, and agrees to the following:
A. 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.
B. I acknowledge and understand that there are known and unknown risks associated with participation in The Treehouse Indoor Play and Cafe activities and the use of the play area and any and all The Treehouse Indoor Play and Café equipment, which include but are not limited to: contusions, fractures, scrapes, cuts, bumps, paralysis, or death.
C. I, for myself and the Participant(s) named, willingly assume the risks associated with participation and accept that there are also risks that may arise due to OTHER PARTICIPANTS, which I also willingly assume.
D. I agree that the Participant(s) named, and I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions as conditions for participation in any play event, parties or activities at The Treehouse Indoor Play and Cafe.
E. I, for myself, the Participant(s) named, our heirs, assigns, representatives, and next of kin agree to hold harmless, release, waive and indemnify the independent owner(s), members, their predecessors, parent, subsidiaries and affiliates, officers, equipment manufacturers, employees and sponsoring agencies from all liability for any such injury, disability, death or loss or damage to person or property to the fullest extent of the law.
F. I additionally agree to indemnify the independent owner(s), members, their predecessors, parent, subsidiaries and affiliates, officers, equipment manufacturers, employees and sponsoring agencies for any defense cost or expense arising from any and all claims, injuries, liabilities or damages arising from participation in any play event, parties or activities at The Treehouse Indoor Play and Cafe .
G. I am of physical ability to participate and am legally competent to understand and complete this agreement. I hereby execute this agreement without coercion.
H. I understand that entry, by myself and the participant(s) named, constitutes consent for The Treehouse Indoor Play and Cafe to use any film, video, or likeness of participants for the purpose of marketing and promotional use , without payment to the participant. Such said purposes are but not limited to: Friends and Family Night, Grand Opening and Special Events.
I. We are committed to keeping your e-mail address confidential. We do not sell, rent, or lease our subscription lists to third parties, and we will not provide your personal information to any third-party individual, government agency, or company at any time unless compelled to do so by law. We will use your e-mail address solely to provide timely information and promotions about The Treehouse Indoor Play and Cafe
J. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
K. Any controversy, dispute, or claim arising out of or related to this Agreement, which the parties are unable to resolve by mutual agreement, shall be settled exclusively by submission by either party of the controversy, claim or dispute to binding arbitration; said arbitration to take place exclusively before a single arbitrator located within 25 miles of the Event location and in accordance with the rules of the American Arbitration Association then in effect.
NOTICE TO THE MINOR CHILD'S NATURAL GUARDIAN(S) REQUIRED UNDER FLORIDA STATUTES SECTION
744.301 YOU MUST READ AND UNDERSTAND BEFORE SIGNING
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD, CHILDREN OR WARD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF FUNDERDOME, AND ITS PARENT, SUBSIDIARY AND OTHER AFFILIATED OR RELATED COMPANIES; AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUB- CONTRACTORS, REPRESENTATIVES, SUCCESSORS,ASSIGNS, AND VOLUNTEERS OF EACH OF THE FOREGOING ENTITIES (COLLECTIVELY, THE "RELEASED PARTIES") USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD OR WARD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD'S OR WARD'S RIGHT AND YOUR RIGHT TO RECOVER FROM THE RELEASED PARTIES IN A LAWSUIT FOR ANY PERSONAL INJURY, FINANCIAL OR ECONOMIC LOSS AND INCLUDING DEATH, TO YOUR CHILD, CHILDREN OR WARD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND THE RELEASED PARTIES HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD, CHILDREN OR WARD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
By checking this box, I further acknowledge and accept the terms and conditions of this waiver, release, hold harmless and indemnification agreement as detailed in A through K above for any and all future visits during the next twelve (12) month period. Please keep this waiver, release, hold harmless and indemnification agreement on file and active, for the participants and parent/guardian listed above, for a period of twelve (12) months from the date of acceptance.
I am at least 18 years old
Yes
By checking this box, The Treehouse Indoor Play and Cafe. reserves the right to communicate with its guests via mobile marketing. By giving your phone number in this waiver, you agree to receiving mobile communication from The Treehouse Indoor Play and Cafe. This communication can include special marketing offers from The Treehouse Indoor Play and Cafe., announcements, updates about the business and anything else we feel is pertinent to our business. We will never sell, rent, or give away our mobile list to outside businesses.
