TINY LATTE LOUNGE & PLAY LLC
LIABILITY WAIVER AND HOLD HARMLESS AGREEMENT
1. As consideration for being allowed to enter our facility, the play area and/or participate in any party, event and/or program at Tiny Latte Lounge & Play LLC the undersigned, on his or her behalf, and on the behalf of the Participant(s) identified below, acknowledges, appreciates, understands, and agrees to the following:
2. I represent that I am the parent or legal guardian of the Participant(s) named below or I have obtained permission from the parent/legal guardian of the Participant(s) named below to execute this agreement on their behalf. This agreement is accepted for all children and adults attending Tiny Latte Lounge & Play LLC by signing this agreement.
3. Activities - Activities shall be defined as the various activities offered to Participants by Tiny Latte Lounge & Play including but not limited to the use of any Tiny Latte Lounge & Play LLC toys, equipment, or materials, and/or Tiny Latte Lounge & Play, birthday parties, school programs hosted by Tiny Latte Lounge & Play LLC.
4. Types of Risks. Some of the activities, as defined below, available at Tiny Latte Lounge & Play LLC include, but are not limited to, general jumping, ball pits, slides, tumbling, foam pit jumping, aerobics, warrior course, battle beam, soft play, ropes course, climbing course, exercising, exercising and other miscellaneous actions. There are inherent risks in participating in the activities which can be divided into two types. The first type of risk is those inherent in any trampoline jumping (e.g., landing wrong, over-exertion, unexpected failure of the trampoline surface, Slides or attachments). The second type of risks are those related to the type of Activity (e.g., when running or sliding in the facility, tumbling, landing wrong, collisions, over-exertion, aerobics, muscle strains or using improper form. Other inherent risks in the activities include erratic co-participant behavior, unexpected equipment failure, and error of judgment by staff members.
5. Types of Injuries. Tiny Latte Lounge & Play LLC feels that it is important that the participants understand the three types of injuries that can occur. First is the common minor injury. This type includes, but is not limited to, muscle strains and sprains, bruises, abrasions, and consumption. The second type of injury is the serious injury which could include but not limited to, broken bones, ligament and joint injuries, concussions, and eye injury. These are rare but do occasionally occur. The third type of injury is catastrophic injury. Some examples of catastrophic injury are brain injury, paralysis, heart attack, and death. Even though the likelihood of such an injury is very remote, we feel that the participants should be aware of all possibilities.
6. Assumption of Risk: I acknowledge that by participating in the activities, programs, and/or parties at Tiny Latte Lounge & Play LLC, and/or by using the play facilities at Tiny Latte Lounge & Play LLC creates a risk of severe bodily injury to the Participant. Injuries that could result will vary but may include (a) minor injuries such as scratches, bruises, and sprains; (b) major injuries such as eye injury or loss of sight, joint or back injuries and concussions; and (c) catastrophic injuries, including paralysis and even death. Notwithstanding these risks and other hazards that may be foreseeable but not specifically identified herein, I, for myself and the Participant 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.
7. Acknowledgement of Policies and Procedures - I acknowledge that I have read, know, and agree to all the rules, policies and procedures relating to the use of the facilities at Tiny Latte Lounge & Play LLC. I agree to comply with all rules, regulations, and policies at Tiny Latte Lounge & Play LLC. I understand Tiny Latte Lounge & Play LLC reserves the right to revoke or terminate my use of the facilities at Tiny Latte Lounge & Play LLC for any violation of rules, regulations, or policies.
8. Release, Discharge and Agreement Not To Sue - I, for myself and any minor participant child and our respective heirs, personal representatives and assigns, do hereby release, discharge and agree not to sue Tiny Latte Lounge & Play LLC or its managers, members, employees and/or other agents, for any injury to or death of any participant arising, directly or indirectly, from participation in the Activities. 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 Tiny Latte Lounge & Play LLC Castle and/or its managers, members, employees and/or other agents and any other breach of a legal duty arising out of common law, statute, contract or otherwise.
9. Dispute Resolution.
A. Arbitration. Any dispute or claim arising out of or relating to this Agreement, breach thereof, the Premises, Activities, property damage (real or personal), personal injury (including death), or the scope, arbitrability, or validity of this arbitration agreement (Dispute) shall be brought by the parties in their individual capacity and not as a plaintiff or class member in any purported class or representative capacity, and settled by binding arbitration before a single arbitrator administered by the American Arbitration Association (AAA) per its Commercial Industry Arbitration Rules in effect at the time the demand for arbitration is filed. Judgment on the arbitration award may be entered in any federal or state court having jurisdiction thereof. No award shall exceed the amount of the claim by either party, and the arbitrator shall have no authority to award punitive or exemplary damages. If the Dispute cannot be heard by the AAA for any reason, the Dispute shall be heard by an arbitrator mutually selected by the parties. If the parties cannot agree upon an arbitrator, then either party may petition an appropriate court to appoint an arbitrator. Arbitration shall be subject to 9 U.S.C. § 1 et seq. and Chapter 171 of the Texas Civil Practice and Remedies Code. If either party files suit in violation of this paragraph (except to toll the statute of limitations), such party shall reimburse the other for their costs and expenses, including attorneys' fees, incurred in seeking abatement of such suit and enforcement of this paragraph.
B. Waiver of Jury Trial. ADULT PARTICIPANT ON BEHALF OF HIM/HERSELF, THE CHILD PARTICIPANT, Tiny Latte Lounge and Play LLC, KNOWINGLY AND VOLUNTARILY, WITH FULL AWARENESS OF THE LEGAL CONSEQUENCES, AGREEs TO WAIVE THEIR RIGHT TO BENCH TRIAL OR JURY TRIAL OF ANY DISPUTE.
10. Indemnification And Hold Harmless - I agree to indemnify Tiny Latte Lounge & Play LLC and hold Tiny Latte Lounge & Play LLC 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 me or my minor Participant child's involvement in the Activities and agree to reimburse Tiny Latte Lounge & Play LLC for any such costs, expenses and fees as they are incurred.
11. I understand that adult supervision of each child by that child's parent or authorized caregiver is always required. Tiny Latte Lounge & Play LLC, shall not be liable of any injury resulting from an absence of adult supervision, including, but not limited to, choking hazard, child leaving the property of Tiny Latte Lounge & Play LLC without a parent or caregiver.
12. I grant the Tiny Latte Lounge & Play LLC permission to use myself or my children in a photograph, video, or other digital media ("photo") in all its publications, including web-based publications, without payment or other consideration
13. I understand that my agreement and completion of this Waiver on the first visit will authorize Tiny Latte Lounge & Play LLC use it as a continuous waiver for my child's/children's ongoing participation in the Activities or use it as waiver
14. Tiny Latte Lounge & Play LLC may secure emergency medical care or transportation (i.e., EMS) when deemed necessary by Tiny Latte Lounge & Play LLC and participants shall assume all costs of emergency medical care and transportation.
15. Payment for damages - I agree to pay for all damages to any property or equipment because of my or my family's willful actions, neglect, or recklessness and agree to be held liable for all such costs associated with such damages.
16. I hereby certify that I have read and understand this entire agreement and agree to and accept the terms and conditions of this entire application.
17. You are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By signing here, you are waiving that right.
PLAYGROUND RULES
1. Play equipment is designed for children ages 0-8.
2. Parents or guardians must sign a waiver for each child before entering the play space.
3. Shoes are not allowed in the play area. All adults and children are required to wear socks when entering the play area.
4. Parents/caregivers are required to always be responsible for their children
5. Please sanitize hands before entering the play and birthday areas.
6. Slide one kid at a time in a forward seated position, feet first. Please no climbing on or up slides.
7. Please do not push, hit, or injure other children.
8. Please do not run.
9. No food and drinks in the play area. No outside food or beverage is permitted without prior permission.
10. We have a dedicated restroom that is outfitted with a baby changing station. Please change all diapers in the restroom, unless emergency.
11. Strollers are not allowed in the playground area.
12. Tiny Latte Lounge & Play LLC is not responsible for damaged, lost, or stolen items.
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