PLAYTIME INDOOR PLAY PLACE LLC, 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 (“Agreement”) on behalf of, each child (“Child”) identified below. I execute this 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 LLC (“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 Playtime 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 Playtime policies, rules, and instructions.

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 and I acknowledge that use of the Facility and participation in activities and programs therein may carry the potential for death, serious injury, and personal loss.  The risks to each Child and myself may include, but not be limited to: exposure to diseases; injury from rough play; injury from accidents occurring on play structures, due to equipment of Playtime, or due to play with other individuals; injury from strenuous activities; harm from food or others substances to which a Child or I may be allergic; and other circumstances which may cause property damage, physical injury or death.

3. I Assume Responsibility.​ I, on behalf of myself and each Child, 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, Playtime or its staff or representatives, equipment, materials, food or drink at the Facility or any other cause. I agree 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 AM FULLY AWARE OF THE RISKS AND HAZARDS INVOLVED IN ME AND EACH CHILD ATTENDING THE FACILITY AND PARTICIPATING IN ANY PROGRAMS AND ACTIVITIES THEREIN. I, ON BEHALF OF MYSELF AND EACH CHILD, HEREBY WAIVE, RELEASE, AND DISCHARGE PLAYTIME AND ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AND INVITEES (COLLECTIVELY, THE “RELEASED PARTIES”), FROM ANY AND ALL LIABILITY, INCLUDING BUT NOT LIMITED TO, LIABILITY ARISING FROM THE NEGLIGENCE OR FAULT OF THE RELEASED PARTIES, FOR THE DEATH, DISABILITY, PERSONAL INJURY, PROPERTY DAMAGE, PROPERTY THEFT, OR ACTIONS OF ANY KIND WHICH MAY HEREAFTER OCCUR TO ME OR EACH CHILD. In the event that any damage to equipment or facilities occurs as a result of my willful actions, neglect or recklessness, or the actions of a Child or my family, I acknowledge and agree to be held liable for any and all costs associated with such actions.

4. No Known Medical Conditions.​ I am not aware of any allergy or pre-existing medical condition of myself or a Child 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 me, a Child, or any other individual at the Facility.

5. To the maximum extent permitted by law, I agree to defend, protect, indemnify and hold Playtime and its members, managers, and 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 willful misconduct of me or any child.

6. Playtime has my permission to use my or each Child’s photograph publicly 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 or any Child 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. The waivers and releases set forth herein shall be construed broadly to provide releases and waivers to the maximum extent permissible under applicable law. *
SIGNATURE OF PARENT/GUARDIAN *
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SIGNATURE OF PARENT/GUARDIAN
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