THIS ACTIVITY WAIVER FORM (this “Waiver”)
IN CONSIDERATION of being allowed to participate in the Activity and other good and valuable consideration, the receipt of which is herby acknowledged, (the “Legal Guardian”), agree on behalf of (the “Participant(s)”) with Play Circle Mobile LLC (the “Activity Provider”) to the following:
DETAILS OF ACTIVITY
1. The Participant(s) will be participating in the following activity:
Pop Up & Play (the “Activity”) provided by the Activity Provider
CONSIDERATION
2. Being the lawful guardian of the Participant(s), and in consideration of the Participant(s) being permitted to participate in the Activity, on behalf of the Participant(s) the Legal Guardian releases and forever discharges the Activity Provider, its owners, directors, officers, employees, agents, assigns, legal representatives, and successors from all manner of actions, causes of action, debts, accounts, bonds, contracts, claims, and demands for or by reason of any injury to person or property, including injury resulting in the death of the Participant(s), which has been or may be sustained as a consequence of the Participant(s)’s participation in the Activity , and not withstanding that such damage, loss, or injury may have been caused solely or partly by the negligence of the Activity provider.
3. The Legal Guardian understands that the Participant(s) would not be permitted to participate in the Activity unless the Legal Guardian signed this Waiver.
CONCURRENT RELEASE
4. The Legal Guardian acknowledges that this Waiver is given with the express intention of effecting the extinguishment of certain obligations owed to the Participant(s) by the Activity Provider, and with the intention of binding the Participant(s)’s heirs, executors, administrators, legal representatives, and assigns.
FITNESS TO PARTICIPATE
5. The Legal Guardian acknowledges to the Activity Provider that the Participant(s) does not have any physical limitations, medical ailments, or physical or mental disabilities that would limit or prevent the Participant from participating in the Activity.
RULES
6. The rules are as follows:
PLAY AT YOUR OWN RISK - CHILDREN MUST BE SUPERVISED AT ALL TIMES
Ages 0 to 5 years old
No food OR Drink (including water) in the play yard
No shoes, even parents, SOCKS must be worn at all times
Please keep balls in the ball pit
Do not enter if you are pregnant or have health issues without consulting with your physician
INDEMNIFICATION
7. The Legal Guardian agrees to indemnify and hold harmless the Activity Provider from any claims, damages, or liabilities arising from the event.
FULL AND FINAL SETTLEMENT
8. The Legal Guardian acknowledges and agrees with the Activity Provider that: (1) the Activity Provider has given the Legal Guardian sufficient time to carefully read this Wavier, (2) the Legal Guardian has been given the opportunity and has been encouraged to seek independent legal advice prior to the signing of this Waiver, (3) the Legal Guardian fully understands the risk and claims that the Participant(s) is waiving to participate in the Activity, (4) the Legal Guardian is freely and voluntarily executing this Waiver, and (5) the Participant(s) is forever prevented from suing or otherwise claiming against the Activity Provider for any property loss or personal injury that the Participant(s) may sustain while participating in or preparing for the Activity.
GOVERNING LAW
9. This Waiver will be governed by and construed in accordance with the laws of the Commonwealth of Virginia.
IN WITNESS WHEREOF the Legal Guardian has duly affixed their signature on
