PLAYTIME HMB, LLC FACILITY USE AGREEMENT, RELEASE & WAIVER OF LIABILITY

I am the parent or legal guardian of, and have the full right and authority to execute this Agreement on behalf of, each child (“Child”) identified below. I execute this agreement (“Agreement”) in connection with the use of the facility located at 270 Capistrano Rd, Suite 6 Half Moon Bay, CA 94019 (the “Facility”) made available by Playtime Indoor Play Place (“Playtime”). For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I agree as follows:

1. I Must Supervise Each Child.​ I understand that Playtime and its employees are not licensed as child or day care providers by the state of California or any other organization. Therefore, I must and will remain at the facility at all times and I am solely responsible for the supervision of each Child. I understand that company staff present at the Facility from time to time are there solely to facilitate play or activities among the children while those children are under the supervision of their parents or guardians. Under all circumstances, each child and I must comply with all Company policies, rules, and instructions of Playtime.

2. Use of the Facility is Voluntary. Use of the facility, its programs and activities is voluntary. I am aware that each child and I will be interacting with other children and adults. Each child and I may be exposed to diseases, incidental rough play, strenuous activities, minor accidents, food or others substances to which children or I may be allergic and other circumstances which may cause property damage, physical injury or death. I AM FULLY AWARE OF THE RISKS AND HAZARDS INVOLVED. I HEREBY AGREE, ON BEHALF OF MYSELF AND EACH CHILD TO ACCEPT ANY AND ALL RISKS OF INJURY OR DEATH AND VERIFY THIS STATEMENT BY SIGNING BELOW.

3. I Assume Responsibility.​ I agree, on behalf of myself and each Child, to assume full responsibility for any risks, injuries or damages, known or unknown, which I or each Child might incur, whether these injuries are caused by the conduct of other children, parents or guardians incur, Playtime, its staff or representatives, equipment, materials, food or drink at the Facility or any other cause. I understand that Playtime will not be liable for any injury, economic loss, or any damage to me, any Child, my guests, unborn children, or relatives resulting from the negligence of Playtime, or anyone on Playtime’s behalf or anyone using the Facility, whether related to play, activities or not. I hereby agree that I, my assignees, heirs, guardians and legal representatives will not make a claim against, sue, or attach the property of Playtime on account of injury or damage resulting from the negligence or other acts, however caused, by an employee, agent or contractor of Playtime or by defective equipment. I hereby release Playtime from all actions, claims, or demands that I may now have or may hereafter have for injury or damage resulting from participation in programs and activities at Playtime. In the event that any damage to equipment or facilities occurs as a result of my or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.

4. No Known Medical Conditions.​ I am not aware of any allergy or pre-existing medical condition of which Playtime should be reasonably aware and which, if known to Playtime, would afford Playtime the opportunity to take preventative measures to prevent harm to the Child or any other child at the Facility.

5. To the maximum extent permitted by law, I agree to defend, protect, indemnify and hold Playtime and its agents harmless from and against any and all claims, demands, liabilities, costs and expenses arising out of or related to any breach of this agreement, or the violation by me or any Child of any instruction from Playtime or any rules and regulations of the Facility or any act, omission, negligence or wilful misconduct of me or any child.

6. Playtime has my permission to use my or my child’s photograph publically for promotional material. I understand that the images may be used in print publications, online publications, presentations, websites, and social media. I also understand that no royalty, fee or other compensation shall become payable to me by reason of such use.

7. In the event that any provision or covenant of this Agreement is held to be unenforceable or invalid, such provision or covenant shall be deemed modified to the minimum extent necessary to make it valid and enforceable, and the validity and enforceability of the remaining provisions and covenants of this Agreement shall not be affected thereby. This Agreement contains the entire understanding between the parties concerning the matter contained herein. *
SIGNATURE OF PARENT/GUARDIAN *
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SIGNATURE OF PARENT/GUARDIAN
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