LIABILITY WAIVER/ACKNOWLEDGEMENT OF RISK, RELEASE, INDEMNIFICATION, AND HOLD HARMLESS AGREEMENT

By consideration of participating in the activities, events, and classes offered at Better Together Playnasium, located at 5089 York Rd, Pataskala, Ohio 43062, I (as parent or legal guardian of the child whose name(s) are listed) hereby agree to release and discharge from liability from negligence Better Together Playnasium and its owners, staff, volunteers, participants, and all other person or entities acting for them (hereinafter collectively referred to as “Releases”), on behalf of myself and my children, parents, heirs, assigns, personal representative and estate, and also agree as follows:

1.      I acknowledge that there are known and unanticipated risks that may entail the risk of severe bodily injury to the Participants. Injuries that could result may vary, but may include minor, major, and catastrophic injuries (such as physical or emotional injury, paralysis or permanent disability, death, and property damage. Better Together Playnasium cannot eliminate all risks or guarantee the safety of the Participants while Participants engage in activities and events held at/on the premises of Better Together Playnasium. I have made my own investigation of these risks, I understand these risks, and assume them knowingly and willingly on behalf of myself and my minor Participant child(ren). I understand that I am responsible for my child’s safety and behavior at all times each visit. I understand that my child(ren) will remain in my clear view at all times during my visit (no more than 5 children per 1 adults’ supervision). 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 injury arising out of or related to the Activities and Events.

2.      I have read the rules posted and understand all rules set forth by Better Together Playnasium. I agree that it is my responsibility to ensure that myself and my minor Participant child(ren) comply with all Playnasium rules while on the premises of Better Together Playnasium. In addition to any rules posted on premises, rules that must be followed: Shoes are not allowed in the play areas and socks must be worn at all times. Adults must supervise their children at all times. Children and adults must show respect to other consumers, the staff, and the equipment at all times. In addition, the undersigned agrees to pay for all damages to the facilities of Better Together Playnasium caused by them or their family’s negligence or recklessness.

3.      I, for myself and any minor Participant child(ren) and our respective heirs, personal representatives and assigns, do hereby release, discharge and agree not to sue Better Together Playnasium or its owners, employees and/or other agents, for any injury to or death of any Participant arising, directly or indirectly, from participation in the Activities and Events. 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 Better Together Playnasium and/or its owners, managers, employees and/or other agents and any other breach of a legal duty arising out of common law, statute, contract or otherwise.

4.      I agree to indemnify Better Together Playnasium and hold Better Together Playnasium 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 Better Together Playnasium for any such costs, expenses and fees as they are incurred.

5.      I represent that I am the parent or legal guardian of the child(ren) listed or I have obtained permission from the parent/legal guardian of such child(ren) to execute this agreement on their behalf. I agree that the children listed and I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions as conditions for participation in any activity, event, and/or class at Better Together Playnasium. I am aware that there are inherent risks associated with participation in Better Together Playnasium activities, events, classes, and/or use of the play spaces.

 I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND IT TO BE A RELEASE OF ALL CLAIMS AND CAUSES OF ACTION FOR MY LOSS, DAMAGE OR INJURY, INCLUDING DEATH, WHETHER OR NOT KNOWN OR ANTICIPATED, THAT OCCURS WHILE PARTICIPATING IN ANY ACTIVITIES AND THAT IT OBLIGATES ME TO INDEMNIFY RELEASES, ITS OWNERS & STAFF FOR ANY LIABILITY FOR ANY INJURY, DAMAGE OR LOSSES OF ANY KIND CAUSED BY MY NEGLIGENCE, INTENTIONAL ACT OR OMISSION WHILE PARTICIPATING. I UNDERSTAND THAT PARTICIPATING IN ANY ACTIVITIES  MIGHT NOT BE MADE AVAILABLE TO ME IF I WERE TO CHOOSE NOT TO SIGN THIS RELEASE. I HAVE READ AND UNDERSTOOD THIS DOCUMENT AND I AGREE TO BE BOUND BY ITS TERMS.