Online Waiver Package 1

FUN 4 KIDS INDOOR PLAYGROUND

12908 Riverside Drive

Sherman Oaks, California 91423 

ASSUMPTION OF RISK, WAIVER, AND RELEASE OF LIABILITY 

WAIVER MUST BE COMPLETED BEFORE CHECKING IN

As parent or legal guardian of the child is set forth below (who is referred to herein as the “Participant”) and in consideration of the Participant being permitted to participate in activities (the “Activities”) conducted at FUN 4 KIDS INDOOR PLAYGROUND located at: 12908 Riverside Drive, Sherman Oaks, California 91423 (hereinafter “The Playground”), the Participant and I agree as follows:   

This Assumption of Risk, Waiver, and Release of Liability covers all activities at the Playground.

1. Risk Factors: I understand and acknowledge that the use of the facilities at The Playground entails the risk of severe bodily injury to the Participant. Injuries that could result will vary, but may include (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. Notwithstanding these risks and other hazards that may be foreseeable but not specifically identified herein, I, for myself and the Participant and our respective heirs, personal representatives and assigns, understand, acknowledge, and expressly and voluntarily assume all risks and full responsibility for any injury arising out of or related to the Activities conducted in The Playground facility.
2. Assumption of Risk: I am choosing to use the facilities at The Playground at my own risk. I understand that, The Playground cannot eliminate all risks or guarantee the safety of the Participants while Participants participate in the Activities. I understand and acknowledge that the activities which I am or/and (any minor children for which I am the Parent, legal guardian, or otherwise responsible, any heir’s personal representative) about to voluntarily engage in as a participant and/or volunteer bears certain known risks and unanticipated risks could result in injury, death, illness or disease, physical or mental, or damage to myself, or to spectators or third-parties. I have made my own investigation of these risks, I understand these risks, and I assume full responsibility knowingly and willingly on behalf of myself and my minor Participant child for all risks that may arise from using the facilities at The Playground or from participating in activities at The Playground. 
3. COVID-19 WARNING.COVID-19 is an extremely contagious disease that can lead to severe illness and death. An inherent risk of exposure to COVID-19 exists in any public place where people are present. According to the Centers for Disease Control and Prevention, senior citizens and guests with underlying medical conditions are extremely vulnerable. BY VISITING THE PLAYGROUND, I AND THE PARTICIPANT VOLUNTARILY ASSUME ALL RISKS RELATED TO COVID-19.
4. Acknowledgement of Policies and Procedures: I acknowledge that I have read, know, and agree to all of the policies and procedures relating to the use of the facilities at The Playground. I agree to comply with all rules, regulations, and policies at The Playground. I understand The Playground reserves the right to revoke or terminate my and the Participant use of the facilities at The Playground for any violation of rules, regulations, or policies.
   1. Playground Rules:
      1. An adult must remain on the premises with the children during the entire stay.
      2. This facility is not daycare; you are responsible for the safety of those in your charge.

• Outside food and non-alcoholic beverages in a sealed bottle are permitted. The Playground is not responsible for any illness resulting from outside food or beverages.

1. For hygiene reasons, socks must be worn at all times. Socks are available for purchase.
2. No adult is permitted entry without a child.
3. No child is permitted entry without an adult.

• Anyone under 18 (eighteen) is considered a child.
• No gum or candy please, thank you.

1. Glass containers are not permitted on the premises, and no drinks are allowed in play area.
2. No climbing up slides. Sliding persons are asked to keep elbows in when sliding, Person must be on the back, feet first only. No sliding head first.
3. The Playground is not responsible for lost, stolen or damaged items.

• Loose or dangling jewelry should be removed prior to play.
• No fighting, pushing or swearing. No running at any time.
• No smoking. No alcohol. No drugs.

1. We reserve the right to turn away persons for violations of these rules.

5. Release, Discharge and Agreement Not to Sue: I, for myself and the Participant and our respective heirs, personal representatives and assigns, do hereby release, waive, discharge, and agree not to sue The Playground, and its managers, members, past or present employees, officers, directors, shareholders, owners, and/or other agents, for any theft, or any injury, illness, and/or death of the Participant arising, directly or indirectly, from participation in the Activities. 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 of The Playground and/or its managers, members, past or present employees, officers, directors, shareholders, owners, and/or other agents and any other breach of a legal duty arising out of common law, statute, contract or otherwise.
6. Waiver: I hereby waive any protections afforded by any statute or law in any jurisdiction whose purpose and/or effect is to provide that a general release shall not extend to claims, material or otherwise which the person giving the release does not know or suspect to exist at the time of executing the release. By signing below, I am specifically releasing unknown future claims.
7. Indemnification And Hold Harmless: I agree to indemnify The Playground and hold The Playground harmless from, without limitation, any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees and costs, incurred due to claims brought by any third party as a result of or arising out of the Participant’s involvement in the Activities and to reimburse The Playground for any such costs, expenses and fees as they are incurred. I will ensure, for myself, my child or anyone under my supervision, that all the rules and regulations of The Playground, expressly including proper use of the facilities are strictly followed. I shall not permit anyone in my party to engage in any activities or use the facilities for which I do not understand proper usage. I agree to pay for any and all damages to any property or equipment as a result of my or my family’s or guests’ willful actions, neglect, or recklessness and agree to be held liable for all such costs associated with such damages. 
8. Security Cameras: I understand that security cameras installed around and within The Playground’s facility are for the safety of all participants and may be referenced should any incidents or injury occur.
9. Photo Release: I grant The Playground permission to use any photographs, video, or sound bites obtained of me or any minor Participant child at The Playground facility for any legal use including but not limited to, publicity, advertisement and web content. I understand that no royalty or other compensation shall be payable to me or the minor Participant by reason of such use.
10. Insurance: I understand that I am solely responsible for any medical, health, or personal injury costs relating to my or The Participant’s use of The Playground and its facilities. I understand that I am strongly encouraged to have a medical physical exam and purchase health insurance prior to my use the facilities at The Playground.
11. Parent Or Legal Guardian Certification and Consent: I hereby certify that I am the parent or legal guardian of the Participant whose I have supervision, and I have authority to waive rights on behalf of the minor Participant. I have read and I understand all of the provisions of this Assumption of Risk, Waiver and Release from Liability form and the risks of the Activities. I understand that the Activities could cause injury and even death. I acknowledge that I, for myself and behalf my parties I am in charge have read and understand the terms of this document and using The Playground facility on our own risk. I give my consent for participation at The Playground.
12. Arbitration: Any controversy or claim arising out of or relating to this Assumption of Risk, Waiver, and Release of Liability, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial [or other] Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. All parties to this agreement agree to mediate, in good faith, any dispute prior to initiating arbitration based on the laws of the state of California. The prevailing party in the event of arbitration shall be entitled to costs and reasonable attorney fees.

ALL PLAYGROUNDS HAVE INHERENT RISK OF INJURY

PLAY AT YOUR OWN RISK