In consideration for gaining access to 5025 Hwy 280 S, Suite 102, Birmingham, AL 35242 (the “Location”) and engaging the services of Kidzmania LLC, d/b/a Let’s Play, its agents, owners, volunteers, employees, insurers, and all other persons or entities acting on its behalf (collectively referred to as “Let’s Play”),
I, the named parent or legal guardian of the named participant(s) who is under 18, and, on behalf of the minors identified on this form, hereby acknowledge, appreciate and agree that:
1. All children’s equipment at Let’s Play including inflatables, playground, trampoline games, net course, exercise equipment and other toys can be hazardous and dangerous. Activities require various degrees of skill and experience. I understand that these activities can result in serious injury, death, illness to the person or child(ren). I understand that such risk simply cannot be eliminated without jeopardizing the essential qualities of the Activity. I accept and assume all of the risk and responsibilities for injury, death, and illness to myself and identified minors on the Let’s Play premises. I acknowledge that I and/or my child(ren) may require medical assistance, which I acknowledge will be at my own expense or the expense of my personal insurers. I represent and affirm that I have adequate and appropriate insurance to provide coverage for such medical expense.
2. I am aware of age and weight limit of certain activities for the safety of different age group of children at Let’s Play.
3. In consideration of Let’s Play allowing my participation and the participation of my child(ren), I for myself and on behalf of my child(ren) and/or legal ward, and our respective heirs, administrators, personal representatives, and/or assigns hereby voluntarily release, waive, and forever discharge and covenant not to sue Kidzmania LLC d/b/a Let’s Play and/or its owners, agents, employees, officers, and/or any other persons or entities acting on its behalf, as to and from any and all claims of any type whatsoever, including but not limited to alleged claims of negligent acts or omission, actions, rights, damages, liabilities, including any expenses incurred by my child(ren) and/or legal ward should he/she/they be injured, including death, costs or expenses including attorney fees which are related the participation or use of the Let’s Play facility by my child(ren) and/or legal ward.
4. By signing this agreement, it is my intention to assume all risk of injury and damage for myself and on behalf of my child(ren) and/or legal ward, and to surrender and being aware of the right to sue or exercise any legal right to seek compensation in a court of law for injuries and/or damages against Kidzmania LLC d/b/a Let’s Play, its owners, agents, employees, and/or all other persons or entities acting on its behalf, do hereby intentionally waive and relinquish those rights on behalf of myself and my child(ren) and/or legal ward. Further, in the event of any dispute arising out of this agreement, the use and/or participation of my child(ren) and/or legal ward of the facilities of Kidzmania LLC d/b/a Let’s Play, or the relationship of the parties hereto, including without limitation any disputes regarding the construction and/or enforceability of this Agreement, I hereby agree, on behalf of myself, my child(ren) and/or legal ward(s), to submit all such disputes to binding arbitration proceedings to be convened in Gwinnett County, Georgia, which proceedings shall be conducted under the applicable rules of the American Arbitration Association.
5. I acknowledge that my and/or my child’s participation in activities at Let’s Play is voluntary. I hereby certify that I am over 18 years of age. I have carefully read the foregoing covenant not to sue, assumption of risk, and acknowledge that I understand and agree to all of the above terms and conditions. Prior to signing this agreement, I have had an opportunity to ask any and all questions. I am aware that by signing this agreement, I assume all risks and waive and release all substantial rights that I may have possess.
6. I agree to follow the rules as explained: No outside food and all guests are required to wear socks. I understand that failure to adhere to these rules may result in being denied service. If denied service, guest admission will not be refunded.
7. Photos and use of recording devices may be used on premises and images and videos of children may be used for marketing and security purposes. I further authorize Let’s Play to use my or my child(ren)’s name, face, likeness, voice and appearances in connection with exhibitions, publicity, advertising and promotional materials. I would like to receive free email promotions and discounts to the email address provided herein.
NOTE: ALL EQUIPMENTS ARE EXCLUSIVELY DESIGNED FOR CHILDREN ONLY. YOU, AS A PARENT OR LEGAL GUARDIAN, ARE NOT ALLOWED TO TRY ANY EQUIPMENT OTHER THAN INFLATABLES, PLAYGROUND STRUCTURE and NET COURSE WHICH YOU CAN PLAY WITH YOUR OWN CHILDREN ONLY, NOT WITH OTHER ADULTS.