Samantha Cora Christian Haas, LLC doing business as “Playful Acorns” organizes events and group play dates (the “Activities”) for children and their caregivers to meet and build community. Today’s event will be held at Winterfell Acres, Brooklyn, WI (the “Host Venue’). In return for the ability to participate in the Activities, including but not limited to observation or use of facilities or equipment I freely agree for myself, my representatives, my heirs and assigns to the following:
RISKS. This section outlines the risks associated with various Activities. By signing this Agreement I acknowledge that I was informed about these risks.
- Venue. I understand that Playful Acorns partners with venues to host (each a “Host Venue”) its Activities and that Playful Acorns does not control the physical condition of any of the venue’s facilities or equipment.
- Farm Events. Activities hosted on farms have risks associated with agricultural tourism activity, including all of the following: The surface and subsurface conditions of land and the natural condition of vegetation and water on the property. The unpredictable behavior of wild, domestic, or farm animals on the property as well as the possibility of bee stings and bug bites. The ordinary dangers of structures or equipment ordinarily used in agriculture. It is important that you follow instructions given to you by the Host Venue and exercise reasonable caution while supervising any children in your care at the Host Venue.
- Park Events. Events held in parks have risks associated with being outdoors in natural areas including all of the following: Physical injury risks from playground injuries, sporting and recreational activities, and terrain-related injuries. Environmental health risks from sun exposure, stinging insects and pests, poisonous plants, and water safety. Wildlife encounters from animals or disease transmitted from animals to humans.
- Indoor Events. Risks associated with indoor Activities include: Physical injury risks from trips and falls and collisions with objects. Health risks from infectious diseases, allergens, and indoor air quality. Emergency preparedness risks such as a facility’s fire hazards or ability to respond to medical emergencies.
- Supervision. Each child’s caregiver is responsible for supervising the child during Activities. Playful Acorns does not provide supervision of participating children and is not a licensed daycare provider. In limited circumstances, Host Venues may offer caregivers the option to choose to have their children participate in activities supervised by third party organizations. Participation by a child in these supervised activities is solely at the discretion of the caregiver.
- Behavior. If a child or caregiver’s behavior significantly inhibits the ability of other participants to enjoy the Activities, Playful Acorns reserves the right to ban such persons from the Activity for the safety and wellbeing of other participants.
With a full understanding of the risks associated with the Activities, I voluntarily enter into this WAIVER AND RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT and hereby waive any and all rights, claims or causes of action of any kind arising out of my and/or my child’s participation in the Activities; and
I HEREBY release Samantha Cora Christian Haas, LLC dba Playful Acorns, and the Host Venue, partner sites, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, successors, assigns, and other persons or entities acting on their behalf (“Released Parties”) from any and all claims, damages, or liability arising from death, disability, physical or psychological injury, property damage, or theft, or any kind of action that may happen as a direct result of my or my child’s participation in the aforementioned Activities; and
I HEREBY agree to pay for any damages to the facilities, equipment, of the Host Venues or Playful Acorns caused by me or by my child’s negligent, reckless, or willful actions; and
I HEREBY agree to abide with rules and conditions of participation and/or attendance, posted on the Playful Acorns website, at a Host Venue, a partner website, or explained by an employee. If the undersigned experiences any significant hazard or injury during such participation, the undersigned will promptly inform a Playful Acorns employee.
I HEREBY understand that this release of liability includes the release of claims for damages based on injuries to myself, my child, or my property caused by negligent acts of the Released Parties in connection with the Activities and that the release includes negligence involving the Released Parties’ procedures, instructions, or conditions, or any other act related to Activities. However, this release of liability does not extend to reckless or intentional acts by the Released Parties.
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Wisconsin and that all actions, suits, claims and proceedings relating to this agreement shall be brought in a court of competent jurisdiction located in Dane, County, Wisconsin.
In case any provision of this Agreement shall be held invalid, illegal or unenforceable, it shall not affect any other provision of this agreement and this Agreement shall be construed as if such provision had never been contained herein.
I UNDERSTAND THAT I HAVE THE RIGHT TO REQUEST DIFFERENT RELEASE OF LIABILITY TERMS BY NEGOTIATING A SEPARATE AGREEMENT BY CONTACTING SAM AT SAM@PLAYFULACORNS.COM. HOWEVER, BY SIGNING THIS RELEASE, I WAIVE THE RIGHT TO NEGOTIATE DIFFERENT TERMS AND AGREE TO THIS TERMS CONTAINED HEREIN.
I AM AWARE THAT BY SIGNING THIS RELEASE OF LIABILITY, I AM WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES FOR DAMAGES STEMMING FROM NEGLIGENT ACTS, AS DESCRIBED IN THE ABOVE TEXT.
I, THE UNDERSIGNED PARTICIPANT OR PARENT/LEGAL GUARDIAN OF A MINOR PARTICIPANT, AFFIRM THAT I AM OF THE AGE OF 18 YEARS OR OLDER, AND THAT I AM FREELY SIGNING THIS AGREEMENT, THAT I HAVE CAREFULLY READ AND FULLY UNDERSTAND ITS CONTENT AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM SIGNING IT OF MY OWN FREE WILL.