PEACH PIT, 07760 MINI PLAY CAFE RELEASE & WAIVER OF LIABILITY

RELEASE AND WAIVER OF LIABILITY FOR ALL CLAIMS OF ANY TYPE OF DAMAGES (FOR ALL PARTIES, INCLUDING PARENTS, GUARDIANS AND MINORS)

In consideration of being allowed to enter The Peach Pit located at 101 E River Road, Rumson NJ 07760, for any purpose, including but not limited to use of any equipment or participation in any event and/or class, the undersigned, on his or her own behalf and on the behalf of the minor(s) listed below, enters into this release and waiver form (this “Release Form”), as follows:

1. The undersigned knowingly, voluntarily and fully assumes all risks, known and unknown, associated with their presence at The Peach Pit, including attendance at and/or participation in any and all activities, programs, parties or food and/or drink consumption or any other event at The Peach Pit, and waives all claims for damage to personal property or injury to person arising from such attendance and/or participation, including, but not limited to, personal injury, death, disability and property damage, and those risks that may arise out of the negligence of other children and/or those arising out of or relating to participation in any and all of The Peach Pit Play Café programs, classes, or use of the play area, and expressly releases and waives any and all claims for damages. The undersigned does hereby surrender and waive any rights to sue or exercise any legal right to seek damage against [The Peach Pit 07760, LLC], its owners, officers, members, agents, employees, directors, trustees, affiliates, other persons or entities acting on their behalf, or any affiliate of any of the foregoing. THIS RELEASE AND WAIVER COVERS RISKS OF DEATH, SERIOUS INJURY, AND PROPERTY LOSS ARISING FROM NEGLIGENCE OR CARELESSNESS OR GROSS NEGLIGENCE ON THE PART OF THE PERSONS OR ENTITIES BEING RELEASED AND OTHER PARTICIPANTS.
2. The undersigned certifies that he or she is physically fit and may participate in the activities available at The Peach Pit, and has not been advised to the contrary by a qualified medical professional. The undersigned further certifies that he or she is aware of and is solely responsible for his or her consumption of any food or drink while at The Peach Pit.
3. The undersigned agrees to pay for all damages to the facilities of The Peach Pit, caused by the negligent, reckless, or willful actions of the undersigned, the undersigned’s family or any other person under the supervision of the undersigned (including but not limited to the minors named below) using the facilities at The Peach Pit.
4. The undersigned agrees to abide by rules and conditions of participation and/or attendance, posted at or explained by an employee at The Peach Pit. If the undersigned experiences any hazard or injury during such participation, the undersigned will promptly inform an employee of The Peach Pit which they are currently attending.
5. The undersigned acknowledges that this release and waiver of liability form will be used and relied upon by The Peach Pit and that it will govern the undersigned’s actions and rights.
6. In addition to any rules posted on premises, the undersigned agrees on its own behalf and on behalf of any person in the company of the undersigned that the following additional rules will be followed:
7. Adults must supervise their children at all times unless child is enrolled in drop-off program.
8. Food and beverage are not allowed on the play floor or in the classroom.
9. All food an beverage must be provided the Peach Pit, no food from the outside is permitted unless approved by Peach Pit management.
10. Children and adults must show respect to other customers, the employees, and the equipment at all times.
11. If adult or child have ANY signs of illness, including runny nose, cough, or sore throat, please be considerate and don't share the space with others.
12. Children and adults are required to wear socks while in our little play area. We recommend socks with non-slip bottoms for little ones. (Socks available for purchase in the cafe.)

The undersigned acknowledges and agrees that violation of any of the foregoing may subject the undersigned and any person in the company of the undersigned to be removed from The Peach Pit.

Each participant in any activity taking place at The Peach Pit must have a copy of this Release Form signed, either by them or, if under the age of 18 years, then signed on their behalf by a legal guardian/parent/designated representative. If a person has not had a copy of this Release Form not signed either by them or on their behalf, then the person will not be able to participate in any activities, events or classes at The Peach Pit or use the facilities with the exception of the cafe.

1. The undersigned hereby promises to indemnify The Peach Pit its owners, members or any of the affiliates of the foregoing for any attorneys' fees and/or costs incurred to enforce this Release Form, including all costs associated with any collection efforts. Further, should any debt and/or judgment accrue in favor of The Peach Pit as a result of this Release Form, pre-judgment and post-judgment interest shall accrue thereon at a rate of 18% per annum (or at the maximum rate permissible by law).
2. Any provision of this Release Form that shall be prohibited or unenforceable shall be deemed ineffective to the extent of such prohibition or unenforceability without invalidation of the remaining provisions thereof, which shall all remain in full force and effect. Each provision of this Release Form shall be enforceable to the fullest extent permitted by law.
3. The undersigned represents that the undersigned is the parent or legal guardian of the child(ren) named below, or the undersigned has obtained permission from the parent or legal guardian, as applicable, of such child(ren) to execute this Release Form on their behalf. The undersigned agrees that the undersigned and the child(ren) named below shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions as conditions for participation in any program and/or class at The Peach Pit.

Any controversy, dispute, or claim arising out of or related to this Release Form, which the parties are unable to resolve by mutual agreement, shall be settled exclusively by submission by the parties of the controversy, claim or dispute to binding arbitration; said arbitration to take place exclusively before a single arbitrator located within 25 miles of the Peach Pit location and in accordance with the rules of the American Arbitration Association then in effect. THE UNDERSIGNED HEREBY WAIVERS ALL RIGHTS TO A TRIAL ASSOCIATED WITH ANY DISPUTE OR CONTROVERSY RELATED TO THE SUBJECT MATTER OF THIS RELEASE FORM.

The undersigned agrees that this Release Form is intended to be as broad and inclusive as permitted by the laws of the State of New Jersey, and that this Release Form shall be governed and interpreted with the laws of the State of New Jersey. If any provision or provisions of this Release Form shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.