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.
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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”).