KIDSPORTS INDOOR PLAYGROUND
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FACILITY USE WAIVER, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT
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(the "Agreement")
PARTICIPANT WARRANTY
In full consideration of allowing our guests, the adults, minors, child/ward (collectively, the “Participants”) to participate in the activities and programs related to or in connection with the Event held at Kidsports Indoor Playground Inc. (“Kidsports”), an indoor playground facility owned and operated by Kidsports Indoor Playground Inc. (the “Facility”), We warrant to you that:
1. We have full legal responsibility for decisions regarding our guests, the adults, minors, child/ward,
2. We are familiar with the risk of serious injury and death which any participant in this activity, event or program must assume,
3. We believe that our guests, the adults, minors child/ward are physically, emotionally and mentally able to participate in all activities,
4. We understand, and will instruct our guests, the adults, minors child/ward, that all applicable rules for participation must be followed to ensure their safety, and that at all times the sole responsibility for personal safety remains with Participants,
5. We will immediately remove any guests, the adults, minors, child/ward from participation, and notify the nearest staff member, if at any time We sense or observe any unusual hazard or unsafe condition or We feel that a Participant has experienced any deterioration in his/her physical, emotional or mental health from continued participation in the program, and
6. We will follow all of the rules and regulations for using the Facility and its equipment posted on the premises of 4500 Dixie Rd. Unit 8.
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ASSUMPTION OF RISK
We are aware of the inherent risks, associated with participation in this program by Participants including, but not limited to, harm arising from negligence, or gross negligence, including any compounding or aggravation of injuries caused by negligent rescue operations or procedures, of the program organizer and any persons associated therewith or participating therein, and dangers, and hazards.
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WAIVER OF LIABILITY
This Agreement constitutes a full and final release and waiver of liability of the program organizer and all persons and organizations associated with it and the program including, without limiting the generality of the foregoing, its officers, directors, officials, agents and/or employees, other participants, sponsors, advertisers, owners and/ or lessors of the premises used to conduct the program, sanctioning bodies, medical or rescue personal (“Releasees”), of and from with the respect to all injury, disability, death or loss or damage to person or property whether arising from negligence, or negligent rescue of or by the foregoing or otherwise.
This Agreement constitutes as understanding not to sue Releasees for any loss, injury, costs or damages of any form or type, howsoever caused or arising, and whether directly or indirectly from the participation of the Participants in the programme.
INDEMNITY
If any claim is made against Kidsports arising out of or in connection with our use of the Facility or arising out of or in connection with the Event, we shall indemnify Kidsports against all damages or other compensation awarded against Kidsports in connection with the claim or paid or agreed to be paid by Kidsports in settlement of the claim and all legal or other professional expenses incurred by Kidsports in or about the defense or settlement of the claim.
NOTICE OF PHOTOGRAPHY
We expressly acknowledge that Kidsports is a public space and that photographs may be taken of Participants by Kidsports or a third-party. We expressly consent to the creation and publication of any photographs taken of Participants while participating in the Event. We hereby release Kidsports from any expectation of confidentiality Participants might otherwise enjoy while participating in the Event.
SIGNING AUTHORITY
We, hereby release, indemnify and hold harmless Kidsports, its staff, agents, owners, directors and volunteers from any and all liability for any injury, illness or death sustained or caused by any attending patron or staff this facility regardless of how caused.
