Playcenter, Inc.: Release of Liability, Assumption of Risk,
Waiver of Claims, and Indemnity Agreement
As Consideration for being allowed to enter the play area, our facility and/or Participate in any party and/or program at Kidz Town, 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:
1. I represent that I am the parent or legal guardian of the Participant(s) named below (entering Kidz Town with me) or I have obtained permission from the parent/legal guardian of the Participant(s) named below to execute this agreement on their behalf.
2. I acknowledge and understand that there are known and unknown risks associated with participation in Kidz Town activities, use of the facility, and the use of the play area and equipment including but not limited to: contusions, fractures, scrapes, cuts, bumps, paralysis, or death.
3. I, for myself and the Participant(s) named and in my care, willingly assume all risks associated with participation and accept that there are also risks that may arise due to OTHER PARTICIPANTS which I also willingly assume.
4. I agree that the Participant(s) named and in my care, and I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions as conditions for participation in the use of the facility, the play area, any party events and/or program at Kidz Town.
5. I, for myself, the Participant(s) named and in my care, our heirs, assigns, representatives, and next of kin agree to hold harmless, release, waive and indemnify the independent owner of this Kidz Town facility, Playcenter Corporation, their predecessors, parent, subsidiaries and affiliates, officers, equipment manufacturers, employees, and sponsoring agencies from any and all injuries, disability, death or loss, and liabilities or damages from participation.
6. I additionally agree to indemnify the independent owner of this Kidz Town facility, Playcenter Corporation, 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 at Kidz Town.
7. I am of physical ability to participate and am legally competent to understand and complete this agreement. I hereby execute this agreement without coercion.
8. I understand that entry, by myself and the participant(s) named and in my care, constitutes consent for Kidz Town to use any film, pictures, video, or likeness of participants for any purpose whatsoever, without payment to the participant. This includes any promotions, advertisements and marketing on websites, social media, print, radio, and television.
9. 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.
10. 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.
You may fill out this waiver form prior to coming in at this link.