IMAGINARIUM: Release & Waiver of Liability and Assumption of Risk
In consideration of being allowed to enter the play area and/or participate in any activity, program, or party at Imaginarium, LLC the undersigned, on their own behalf, and on the behalf of the participant(s) identified below, acknowledges, appreciates, and agrees to the following conditions.
(1) I attest that I am the parent or legal guardian of the participant(s) undersigned, or that I have obtained permission from the parent/legal guardian of the participant(s) undersigned to execute this agreement on their behalf and agree to attend to and monitor the activities of all participant(s) undersigned such that all activities are age and ability appropriate;
(2) I agree that the participant(s) undersigned and I shall willingly comply with all stated and customary terms, posted safety signs, rules, and safety instructions and directions by Imaginarium and its staff as conditions for use of play equipment and participation in any event, activity, program, or party. In addition, if I observe any hazards during my stay or participation, I and the undersigned will cease all activity near or around said hazard and immediately alert the nearest Imaginarium employee; Additionally, I agree that all undersigned and I shall use all play equipment and items appropriately, adhering to all play rules, as well as size and weight limitations; Furthermore, I understand and agree that I will be solely responsible for any and all costs to repair or replace any damage to the facility and/or the equipment therein incurred by the undersigned and myself outside of normal wear and tear. Furthermore, I understand and agree that outside food is limited for consumption only in designated areas and that Imaginarium is a NUT-FREE facility.
(3) I, for myself, and the participant(s) undersigned, acknowledge and understand that there are dangers and risks associated with the activities at Imaginarium, LLC and agree to assume all risk of personal injury, including the potential for paralysis and death, and I, on behalf of myself and the participant(s) undersigned, knowingly and freely assume all such risk, both known and unknown, including those that may arise out of negligence or other participants;
(4) I, for myself, and the participant(s) undersigned, and behalf our heirs, assigns, administrators, personal representatives and next of kin, hereby agree to indemnify and release and hold harmless Imaginarium, LLC, its affiliates, officers, members, agents, employees, other participants, landlord, equipment manufacturers, and sponsoring agencies against any and all claims, injuries, liabilities, damages, or costs to person or property arising out of or related to our participation in any and all Imaginarium programs, activities, parties, the use of play area and/or play equipment to the fullest extent of the law.
(5) This release and waiver extends to all acts of negligence by Imaginarium, LLC and is intended to be as broad and inclusive as permitted by the law, and if any portion of this agreement is held invalid, it is agreed that the balance shall, not withstanding, continue in full legal force and effect.
(6) I, for myself, and the participant(s) undersigned, consent to the publication of personal pictures without payment or other consideration, which may be taken by Imaginarium, LLC personnel or their representatives. Publication may include, but is not limited to, marketing materials and websites.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY AGREEMENT, FULLY UNDERSTAND ITS TERMS AS A LEGALLY BINDING CONTRACT AND UNDERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS FOR MYSELF AND THE PARTICIPANT(S) BY SIGNING IT, FREELY AND VOLUNTARILY WITHOUT INDUCEMENT. FURTHERMORE, I ACKNOWLEDGE & AGREE THAT I WILL SUPERVISE ALL PARTICIPANT(S) UNDERSIGNED AT ALL TIMES AND CERTIFY THAT ALL OF THE BELOW PROVIDED INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE.