Waiver Kid Zone

I have voluntarily elected to use and, if applicable, to allow the minor child(ren) identified above and all minor children under my supervision and referred to individually and collectively herein as "Child", to use the Kid Zone facilities and equipment located at 340 West Antelope, Suites A101& A102

Clearfield, UT 84015 (the "Kid Zone Facility"). In consideration for being allowed to use said facilities and equipment, and any other services provided by Kid Zone, LLC or its employees or agents at said location, or any other location within the State of Utah, I represent, acknowledge and agree as follows:

GENERAL RELEASE

I acknowledge and agree that this Agreement covers and is intended to release and provide other benefits, legal protections, and consideration to Kid Zone, LLC and all their respective and collective agents, owners, officers, managers, shareholders, affiliates, volunteers, participants, employees, and all other persons or entities acting in any capacity on their respective or collective behalf (collectively, "Kid Zone").

RELEASE OF POTENTIAL INJURIES

I acknowledge and agree that the use of slides, climbing area and all other equipment at the Kid Zone Facility and that participating in these activities is inherently and obviously dangerous. These risks include physical or emotional injury, paralysis, death, damage to myself, and/or third parties, and damage to personal property of any or all such persons. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity, which I further agree is for recreational purposes and completely voluntary. I acknowledge and agree that, I am solely responsible to watch and monitor activity off all children under my care. Kid Zone employees are not responsible to supervise or monitor your children or anyone you bring to Kid Zone.

VOLUNTARY ASSUMPTION OF RISK

I acknowledge and agree that I and Child are participating voluntarily at our own risk. I acknowledge and agree that the actions or activities of other customers or the actions or inactions of Kid Zone Facility employees could cause me or the Child significant bodily injury (as described in this Agreement), and that Kid Zone is not responsible for the actions or activities of customers using the Kid Zone Facility or the negligence of its employees in supervising the Kid Zone Facility or its usage, including actions, activities, or omissions that result in such harm. Some of the risks include, but are not limited to, the following:

a) Participants may die or become paralyzed, partially or fully, through their use of the Kid Zone facility and participation in Kid Zone activities.

b) Participants may suffer cuts, scrapes, bumps, bruises, the transmission of disease strains and allergic reactions through use of the Kid Zone Facility equipment or contact with other participants or surfaces they have contacted. Participants may sprain, pull, break or otherwise seriously externally or internally injure their head, face (including nose and teeth/jaw), neck, torso, spine, arms, wrists, hands, legs, ankles, feet or other body parts as a result of falling off equipment, landing improperly on the equipment, or making contact with other participants. As noted in paragraph a) above, such injuries can lead to paralysis, disfigurement or death. Participation may result in heat stroke, heart attacks, dehydration and other exertion-related medical events.

c) Participants may fall on each other, resulting in broken bones and other serious injuries. Running, jumping, sliding off of the equipment and other participant body movements (whether planned or unplanned) can create a rebound effect and lead to unpredictable body movements and anticipated or unanticipated bodily contact, any or all of which can lead to serious injury.

d) Observing, standing, sitting or taking photographs at or near any of the Kid Zone equipment can result in similar physical injury (even if the observer is not himself or herself participating at the time).

AGREEMENT TO PAY MY OWN MEDICAL EXPENSES

I acknowledge, on behalf of myself and/or anyone I am the parent, guardian or legally responsible for, that I accept, and assume the risk of any and all medical conditions, limitations, or disabilities (whether temporary or permanent) that I or my child of child I am responsible for, possess, whether known or unknown, which might contribute to or exacerbate any injury I might sustain as a result of using the Kid Zone Facility or any of its equipment. I acknowledge and agree that if medical assistance (of any form, including emergency care, hospitalization, out-patient care, and/or physical therapy) is required or performed as a result of any injury I sustain while using the Kid Zone Facility, such assistance shall be at my own expense.

RELEASE OF LIABILITY

I, on behalf of myself and/or anyone I am the parent, guardian or legally responsible for (“Releasing Parties”), hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue Kid Zone, and their successors, predecessors-in-interest, and insurers (collectively, the “Releasees”) from any and all claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, attorneys’ fees, damages, judgements and liabilities, of whatever kind or nature, in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, related to or arising, directly or indirectly, from my access to and/or use of the Kid Zone Facility, premises and/or its equipment, my entry into the Kid Zone Facility, the condition, maintenance, inspection, supervision, control or security of the Kid Zone Facility, the failure to warn of dangerous conditions in connections with the Kid Zone Facility, and/or the

acts or omissions of Kid Zone or any of the Releasees, including, without limitation, any claim for negligence, failure to warn or other omission, property damage, personal injury, emotional injury, illness, bodily harm, paralysis or death. I understand that this release and waiver applies not only to use the equipment but also the party rooms and all activities and things at the Kid Zone Facility. I understand that this release and waiver applies to and includes all activities that I engage in at the premises, whether inside or outside the Kid Zone Facility. In the event that any claim released herein is brought by, or asserted on behalf of, the Releasing Parties, I shall immediately defend, indemnify and hold harmless the Releasees, and any of them, from any loss or liability, including reasonable attorneys’ fees, associated therewith or arising therefrom.

ARBITRATION OF DISPUTES; TIME LIMIT TO BRING CLAIM

I understand that by agreeing to arbitrate any dispute as set forth in this section, I am waiving my right, and the right(s) of the minor child(ren) above, to maintain a lawsuit against Kid Zone and the other Releasees for any and all claims covered by this Agreement. By agreeing to arbitrate, I understand that I will NOT have the right to have my claim determined by a jury, and the minor child(ren) about will NOT have the right to have claim(s) determined by a jury. Any dispute, claim or controversy arising out of or relating to my or the child’s access to and/or use of the Kid Zone premises and/or its equipment, including the determination of the scope or applicability or this agreement to arbitrate, shall be brought within one year of its accrual (i.e., the date of the alleged injury) for an adult and within the applicable statute of limitations for a minor and be determined by arbitration in the county of the Kid Zone Facility, Utah, before one arbitrator.

PHOTO/VIDEO/SOCIAL MEDIA WAIVER

In connection with my and the Child’s use of the Kid Zone Facility, I consent to the recording of the Child’s and my physical likeness and/or voice through mechanical, photographic, technical, digital, electronic or other means (“Recordings”). I hereby consent to and authorize Kid Zone and its agents, representatives, employees, successors and assigns to use, in perpetuity, such Recordings, as well as the Child’s name and my name, for any purposes, including advertising, promoting, exploiting and/or publicizing any Kid Zone Facility. I further agree that the foregoing includes the consent to use the Child’s and/or my physical likeness in any form. In addition, I waive any and all claims I may have in connection with the Recordings.

TERM OF AGREEMENT

I understand that this agreement extends forever into the future and will have full force and legal effect each and every time I or my child(ren)/ward(s) visit Kid Zone, whether at the current location or any other location or facility.

SAFETY IS YOUR RESPONSIBILITY: I AND EACH CHILD AGREE TO FOLLOW THE CODE OF PATRON RESPONSIBILITY:

As a condition precedent of allowing you and/or your child or the minor children, you agree to the following conditions that you must abide by. You understand and agree that Kid Zone is relying upon your representations as to your agreement to the following conditions, and the such representations are material.

a) You acknowledge that there are inherent risks in the participation in or on any of the Kid Zone equipment. By participation you accept the risks inherent in such participation. Patrons have a duty to exercise good judgment and act in a responsible manner while using equipment and while engaging in such activities. Patrons have a duty to obey all oral or written warnings, or both, prior to or during participation, or both.

b) You have a duty to not participate in any activity on any of the equipment or engage in any activity when under the influence of drugs or alcohol.

c) You have a duty to properly use all safety equipment provided, whether for the equipment, party rooms, or anything at Kid Zone.

d) You have a duty to not participate in any activity at Kid Zone if you have a pre-existing medical conditions, circulatory conditions, heart or lung conditions, recent surgeries, back or neck conditions, knee or ankle conditions, high blood pressure, known pregnancy, any history of spine, musculoskeletal or head injuries, or if you may be pregnant.

e) You have a duty to avoid bodily contact with other patrons.

f) You have a duty to remove inappropriate attire including hard, sharp or dangerous objects such as buckles, pens, purses, badges and so forth.

g) You have a duty to conform with or meet height or age restrictions imposed by the manufacturer or owner to use or participate in any Kid Zone activity.

h) You have a duty to avoid crowding or overloading individual sections of Kid Zone equipment.

i) You have a duty to go feet first down the slides.

j) You also agree to follow and obey all posed and stated warnings and patron education signs.

k) You agree to explain all safety rules to each Child you accompany, and to ensure that each Child obeys the safety rules.

l) As a parent or guardian, you agree to monitor and watch your child during any activity and to ensure that the child for whom you are responsible for and who you signed this agreement for, is complying with all the rules stated above.

I would like to receive email promotions, discounts, and other advertisements from Kid Zone and its partners at the email address provided below. I may unsubscribe at any time.

I have had sufficient opportunity to read this document. I have read and understood and agree to be bound by its terms. I had sufficient time to discuss this agreement with any minor child I signed for, and I specifically and clearly went over each of the safety requirements as enumerated in items a) through l) above. I understand that employees working at Kid Zone, including the manager, do not have the authority to waive any provision of the Agreement. This Agreement constitutes and contains the entire agreement between Kid Zone and me relating to the Child’s and my use of the Kid Zone Facility. There are no other agreements, oral, written, or implied, with respect to such matters. I expressly agree that this Release is intended to be as broad and inclusive as permitted and that this Release shall be governed by and interpreted in accordance with the laws of the State of Utah. I agree that in the event that nay clause or provision of this Release shall be held to be invalid by any court of competent jurisdiction, the invalid of such clause or provision shall not otherwise affect the remaining provisions of this Release which shall continue to be enforceable.

By signing below, I represent and warrant that I am the parent, legal guardian, or power-of-attorney of the above listen Child(ren) and have the authority to execute this Agreement on his/her or their behalf and to act on his/her or their behalf. I have read each and every paragraph in this document and I and they agree to be bound by the terms stated therein, including the release of liability contained therein. I am 18 years of age or older. I am entering this agreement on behalf of myself, my spouse or domestic partner, the Child, and our respective and/or collective issue, parents, siblings, heirs, assigns, personal representatives, estate(s), and everyone else who can claim by or through such person or persons (collectively, the Releasing Parties”).

*
Powered by