PARTICIPATION AGREEMENT, RULES, LIABILITY WAIVER, RELEASE OF LIABILITY,
AND HOLD HARMLESS AGREEMENT
I, [Your Name], and as the parent or legal guardian of the child (or children) whose name(s) is set forth below (each referred to as a "Participant" and collectively referred to herein as the "Participants"), and in consideration of the Participants being permitted to participate in the Activities (as defined below) conducted by BAIE’S PLAY PLACE, located at 1303 N ST BUILDING C, NEWMAN, CA ("BAIE’S PLAY PLACE"), agree as follows:
1. Activities - Activities shall be defined as the various activities and services offered to Participants by BAIE’S PLAY PLACE , an indoor playground.
2. I understand that the employees of BAIES’S PLAY PLACE are not responsible for Participants who utilize the space, and it is the responsibility of the undersigned individual to supervise any minors they bring into the facility.
3. I, and the children under my care, understand and agree to the safety rules and play guidelines as outlined on baiesplayplace.com I acknowledge that these rules and guidelines may change and that I have read and am familiar with them prior to entering the play space and making use of the facility. RULES:
- All children must be accompanied by an adult at all times.
- Walking feet ONLY.
- Be courteous to others.
- Sticky pad Socks are required, bring your own or purchase ours.
- NO food or drinks in the play areas.
- NO climbing on netting.
- NO climbing up slides.
- NO toys in the structures.
- NO abusive or profane language.
- NO rough play and/or fighting.
- NO violence will be tolerated.
- NO confetti, glitter, popcorn, silly string, or slime in play areas.
- NO cake, ice cream, cupcakes, etc. during open play unless special booking has been made.
- NO strollers in play area.
- NO refunds. All sales are final.
- We have the right to refuse service.
4. Covid-19. An inherent risk of exposure to COVID-19 exists in any public place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and death. According to the Centers for Disease Control and Prevention, senior citizens and guests with underlying medical conditions are extremely vulnerable.
5. ASSUMPTION OF RISK - In addition to the inherent risk of exposure to COVID-19, I also understand that the Activities entail the risk of severe bodily injury to the Participants. Injuries that could result may 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.
6. I understand that BAIE’S PLAY PLACE cannot eliminate all risks or guarantee the safety of the Participants while Participants 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 my minor Participant child. Notwithstanding these risks and other hazards that may be foreseeable but not specifically identified herein, I, for myself and any minor Participant child, and our respective heirs, personal representatives, and assigns, understand, acknowledge, and expressly and voluntarily assume all risks and full responsibility for any sickness or injury arising out of or related to the Activities.
7. RELEASE, DISCHARGE & AGREEMENT NOT TO SUE - I, for myself and any minor Participant child and our respective heirs, personal representatives, and assigns, do hereby release, discharge, and agree not to sue BAIE’S PLAY PLACE or its managers, members, employees, and/or other agents for any sickness, injury to or death of any 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 BAIE’S PLAY PLACE and/or its managers, members, employees, and/or other agents and any other breach of a legal duty arising out of common law, statute, contract, or otherwise.
8. Indemnification And Hold Harmless - I agree to indemnify BAIE’S PLAY PLACE and hold BAIE’S PLAY PLACE 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 party as a result of or arising out of my or my minor Participant child's involvement in the Activities and agree to reimburse BAIE’S PLAY PLACE for any such costs, expenses, and fees as they are incurred.
9. Security Cameras - I understand that security cameras installed around and within BAIE’S PLAY PLACE facility are for the safety of all participants and may be referenced should any incidents or injury occur.
10. Photo Release - I grant BAIE’S PLAY PLACE permission to use any photographs, video, or sound bites obtained of me or any minor Participant child at BAIE’S PLAY PLACE 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.
11. Parent or Legal Guardian Certification and Consent - I hereby certify that I am the parent or legal guardian of the minor Participant children whose name(s) appear below, and I have the authority to waive rights on behalf of the minor Participant(s). I have read and understand all the provisions of this document and the risks of the Activities. I understand that the Activities could cause injury and even death. I acknowledge that I have read and understand the terms of this document, and I am freely and voluntarily signing this document. This Participation Agreement, Liability Waiver, and Hold Harmless Agreement have no expiration date.
IN CONSIDERATION OF the risk of injury that exists while participating in BAIE'S PLAY PLACE (hereinafter the "Activity"); and _______________________
IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same;
I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, "Releasor," "I" or "me", which terms shall also include Releasor's parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity; and
I HEREBY release and forever discharge BAIE'S PLAY PLACE, located at 1303 N St, Newman, California 95360, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively "Releasees"), from any physical or psychological injury that I may suffer as a direct result of my participation in the aforementioned Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, ORFROM CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.
I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs.
I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees. In the event that I should require medical care or treatment, I authorize BAIE'S PLAY PLACE to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. I agree not to participate in the Activity unless I am medically able and properly trained, and I agree to abide by the decision of the BAIE'S PLAY PLACE LLC official or agent, regarding my approval to participate in the Activity.
I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE BAIE'S PLAY PLACE LLCAND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST BAIE'S PLAY PLACE LLC FOR PERSONAL INJURY OR PROPERTY DAMAGE.
To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of BAIE'S PLAY PLACE, its agents, and employees.
I agree that this Release shall be governed for all purposes by California law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements.
In the event that any damage to equipment or facilities occurs as a result of my or my family's or my agent's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness.
THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.
THIS AGREEMENT was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both Participant, _________________________ and BAIE'S PLAY PLACE agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is