The Play Group L.L.C.
PARTICIPANT RELEASE FORM
Every participant, or if you are under the age of 18 years, then the participant’s legal guardian/parent/designated representative, is required to sign a Release prior to participating in the The Play Group L.L.C.’s activities, events, classes, or use of the facilities (play area). If a membership is purchased, the Release will cover the length of the membership.
In consideration of having kiddo(s) who are in your care on The Play Group L.L.C. (the “Business”) premises, and for them or you (“I” or the “undersigned”) to use any equipment or participate in any event and/or class, the undersigned, on their own behalf and on behalf of the minor(s) listed below, enters into this Participant Release (“Release”), on the following terms:
I acknowledge that this Release shall be used and relied upon by the Business and that it shall govern my actions and rights.
I represent and warrant that I have legal authority to enter this Release on behalf of myself and the minor children (“kiddo(s)”) whom I am accompanying at the Business. Moreover, I represent that I am the parent or legal guardian of the kiddo(s) named below, or I have obtained permission from the parent/legal guardian of such kiddo(s) to execute this Release on their behalf. I agree that the kiddo(s) named below and I shall comply with all stated terms, posted safety signs, rules, and verbal instructions as conditions for my or their involvement with the Business.
I certify that I, and any kiddos who I am bringing to play at the Business are physically able to participate and have not been advised to the contrary by a medical professional.
I acknowledge that neither the Business nor any of the Releasees will supervise the kiddo(s) at the facility, and it is my sole responsibility to do so.
I agree to ensure adherence to rules and conditions of participation and/or attendance, posted at or explained by a representative of the Business. I further understand that these rules and conditions may change from time to time and that it is my responsibility to stay abreast of them.
In addition to rules and conditions posted on the premises or otherwise provided to me, I agree to ensure adherence to the following: Outside shoes are not allowed on the play floor; food is not allowed on the play floor; and children and adults must show respect to other participants, Business representatives, and the equipment at all times. Failure to obey these rules may result in removal from the play area or premises.
I understand that there may be security cameras installed around the premises and that the Business may reference them from time to time, including should any incidents or injury occur.
I understand that the Business may take imagery or video content, and I grant Business permission to use any content captured of myself or the kiddo(s) as it pertains to our involvement with the Business, 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 kiddo(s) by reason of such use.
If I or the kiddo(s) experience any hazard or injury while at the Business, I will promptly inform a representative of the Business.
On behalf of themselves and the kiddo(s) whom they’re accompanying, the undersigned knowingly, voluntarily and fully assumes all risks, known and unknown, associated with their presence at, utilization of and/or participation in any and all facilities, activities, programs, events, or classes, hosted at or by the Business, and consumption of food and/or drink at the Business. It is understood that risks could include minor injuries such as scratches, major injuries such as debilitating eye injuries or concussions, and catastrophic injuries, including paralysis and death.
On behalf of themselves and the kiddo(s) whom they’re accompanying, and their respective heirs, personal representatives and assigns, the undersigned expressly releases and discharges the Business or its owners, staff and agents (“Releasees”), and waives any and all claims now existing or arising in the future, for sickness, injury to or death, or damage to, loss of or theft of personal property, arising directly or indirectly from such interaction with the Business, and including those arising out of negligence of the Business and/or its owners, staff or agents, and any other breach of a legal duty arising out of common law, statute, contract or otherwise, other than the willful and intentional misconduct of the Releasees.
THIS RELEASE COVERS RISKS OF DEATH, SERIOUS INJURY, AND PROPERTY LOSS ARISING FROM NEGLIGENCE OR CARELESSNESS OR GROSS NEGLIGENCE ON THE PART OF THE ABOVE RELEASEES.
I expressly agree to pay for all damages to the Business’ facilities and property caused in whole or in part by me or the kiddo(s) whom I’m accompanying.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ABSENT THEIR WILLFUL OR INTENTIONAL MISCONDUCT, IN NO EVENT SHALL THE BUSINESS OR ITS OWNERS, STAFF OR AGENTS, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOVER (INCLUDING, WITHOUT LIMITATION, DAMAGES TO PROPERTY, PERSONAL INJURY AND DEATH), HOWEVER CAUSED AND ON ANY LEGAL OR EQUITATALE THEORY OF LIABILITY, AND WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE, EVEN IF THE OWNERS, STAFF OR AGENTS HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. IN ANY CASE, THE BUSINESS’ MAXIMUM LIABILITY (INCLUDING THEIR OWNERS, STAFF OR AGENTS) UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO FIVE HUNDRED DOLLARS ($500.00). ANY SUCH CLAIM MUST BE BROUGHT WITHIN SIX (6) MONTHS OF THE FACTS GIVING RISE TO THE CLAIM.
I agree to indemnify the Releasees and hold them harmless from, without limitation, any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorneys’ fees and/or costs incurred due to claims brought by any party as a result of or arising out of my or the kiddo(s) interaction with the Business or others at the Business, and agree to reimburse the Business for any such costs, expenses and fees as they are incurred. Further, should any debt and/or judgment accrue in favor of the Business, prejudgment and post-judgment interest shall accrue thereon at a rate of 18% per annum or the maximum amount allowed by law, whichever is less.
If any court of competent jurisdiction determines that any of the provisions set forth in this Release are unenforceable, such court shall have the power to modify any such unenforceable provision in lieu of severing such unenforceable provision from this Release in its entirety, whether by rewriting the offending provision, deleting any or all of the offending provision, adding additional language, or by making such other modifications as they deem warranted to carry out the intent and agreement of the Parties as embodied herein to the maximum extent permitted by applicable law. Any provision that is unenforceable shall not invalidate the remaining provisions thereof, which shall all remain in full force and effect.
This Release, and any controversy, dispute or claim (“disputes”) arising out of or related to this Release, which the parties are unable to resolve by mutual agreement shall be governed by and interpreted under the laws of the State of Minnesota. All disputes arising out of or in connection with this Release shall first be submitted to mediation before a mutually agreed upon mediator, and if no resolution can be reached, shall be heard in state courts serving Hennepin County, Minnesota.
I agree that this Release is intended to be as broad and inclusive as permitted by the laws of the State of Minnesota.
By signing this Release, which constitutes the entire agreement between myself and the Business, I represent that I have read, understand, and intend to be bound by the terms contained herein.
Typing my name below will serve as my signature and is considered a binding agreement.