KIDSLAND, LLC RELEASE AND WAIVER OF LIABILITY AGREEMENT WHEREAS, KIDSLAND, LLC (“Operator”) is the operator of property located at 9984 Pines Boulevard, Pembroke Pines, FL 33024 (“Premises’), and is willing to permit the individuals signing this Agreement to use the Premises for the purpose of knowledge-based entertainment for kids (6 month up to 12 years old) upon the terms and conditions of this Agreement.
WHEREAS as consideration for the right to access to the premises for the purpose of knowledge[1]based entertainment for kids (6 month up to 12 years old) upon the terms and condition of this Agreement, I hereby, for myself, my heirs, executors, administrators, assigns or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of me and my Child(ren) access to the premises for the purpose of knowledge-based entertainment for kids (6 month up to 12 years old) upon the terms and condition of this Agreement, and do hereby release and forever discharge the Operator, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity.
WHEREAS as consideration for the right to access to the premises, I hereby, for myself, my heirs, executors, administrators, assigns or personal representatives, knowingly and voluntarily grant Operator, its directors, officers, employees, agents, and designees a non-revocable permission to capture of my and/or my Child(ren) image(s) and likeness in photographs, videotapes, motion pictures, recordings, and to make recordings of me or my child(ren) voice at the event or location noted below, or any other media and to make recordings of my voice at the event or location noted below (collectively “Images”).
Therefore, as parents and/or legal guardian of the child whose name is set forth below (“Child(ren)”), in consideration for being provided access to and use of the Premises, each person signing below hereby stipulates and agrees:
USE OF PREMISES. I understand and agree that I and the Child(ren) (jointly or separate) may only use the Premises for the purposes set forth in this Release and Waiver of Liability agreement at date(s) and time the Child(ren) is/are using or enjoying the Premises. I further agree that I am responsible for the proper use and care of the Premises and any of Operator’s property thereon, and that I will be liable for the replacement cost of any Operator property which is damaged, destroyed or lost. I understand that throughout the indoor playground my Child(ren) will participate in recreational activities offered such as Virtual Reality Attractions, events and parties that involves a high risk of accident and injuries that despite Operator efforts to minimize them, they cannot be eliminated. I acknowledge that the vr activity may involve a test of a person’s physical and mental limits and may carry with it the potential for death, or serious injury. Additionally, I acknowledge that Operator will offer food, beverages, and pre-packed snacks in Premises that are manufactured, packaged and distributed by third parties, and hereby waive and release the Operator from all actions, risks, events, injuries, disabilities and illness related to food consumption for me and my child(ren). Finally, I hereby (or in a separate form) will inform that other people authorized to pick up my child(ren) at any time. Accordingly, Operator is hereby instructed to release my child(ren) into the care of the authorized people whenever they come to the Premises, regardless the time you paid or represented that you or your authorized people will pick-up your child(ren).
ASSUMPTION OF RISK. I understand and acknowledge that the activities that take place on the Premises may be dangerous and may involve the risk that I or the Child(ren) will sustain serious injury, temporary or permanent disability, death, and/or property damage. I understand that the activities that take place on the Premises may not be supervised and that the Operator of the Premises does not provide medical services. I further acknowledge that any injury I and/or the Child(ren) may sustain while on the Premises may be compounded by negligent or delayed medical service. I voluntarily and freely assume all risks and dangers that may occur pursuant to my use of and participation of activities on the premises, including the risk of injury, death, or property damage.
RELEASE FROM LIABILITY. I hereby agree, on behalf of myself, the Child(ren), my heirs and my personal representatives, to fully and forever discharge and release Operator and its affiliates, and their respective partners, agents, operators, managers, employees, and representatives (“Released Parties”) from any and all claims I and/or Child(ren) may have or hereinafter have for any injury, temporary or permanent disability, death, damages, liabilities, expenses and/or causes of action, now known or hereinafter known in any jurisdiction in the world, attributable or relating in any manner to my entry upon and use of the Premises, whether caused by the negligence of the Operator or any of the Released Parties or by any other reason. I acknowledge and agree that this Release and Waiver of Liability is intended to be, and is, a complete release of any responsibility of the Released Parties for any and all personal injuries, temporary or permanent disability, death, and/or property damage sustained by me or the Child(ren) while on or using the Premises.
AUTHORIZATION TO TAKE AND USE PHOTOGRAPHS/VIDEO AND WAIVER AND RELEASE OF CLAIMS. I acknowledge, for myself, the Child(ren), that the Operator will own such Images and further grant the Operator permission to copyright, display, publish, distribute, use, modify, print, and reprint such Images in any manner whatsoever related to Operator´s business, including without limitation, publications, courses, training, advertisements, brochures, web site images, or other electronic displays and transmissions thereof. I hereby, for myself, my heirs, executors, administrators, assigns or personal representatives, further waive any right to inspect or approve the use of the Image by the Operator prior to its use. I hereby, for myself, my heirs, executors, administrators, assigns or personal representatives forever release and hold the Operator harmless from any and all liability arising out of the use of the Images in any manner or media whatsoever, and waive any and all claims and causes of action relating to use of the Images, including without limitation, claims for invasion of privacy rights or publicity.
COVENANT NOT TO SUE. I agree, for myself, the Child(ren), and all my heirs, not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which I, Child(ren) or my heirs may have as a result of any personal injury, death or property damage I may sustain while on or using the Premises.
INDEMNIFICATION. I hereby agree to defend, indemnify and hold harmless Operator and the Released Parties from and against any third-party losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorneys’ fees) and costs of any kind for any personal injury, loss of life or damage to property sustained by reason of or arising out of my or Child(ren) use of the Premises or participation in any activities on the Premises.
RESPONSIBILITY FOR PERSONAL PROPERTY. I acknowledge and agree that I am fully and solely responsible for any of my property and personal belongings that I or the Child(ren) bring onto the Premises and that Operator will not be responsible for or provide any security for my property and personal belongings.
NO REPRESENTATIONS BY OPERATOR. I acknowledge that Operator makes no representation as to the condition of the Premises or the safety of any structures or equipment that may be used at the Premises. I accept and shall use the Premises in its “AS IS” condition. I acknowledge and agree that I am not relying upon any representation or statement by the Operator or the Operator’s employees, agents, or representatives regarding this agreement or the Premises, except to the extent such representations are expressly set forth in this agreement.
GOVERNING LAW AND VENUE. This Release and Waiver of Liability agreement will be governed by and interpreted in accordance with the laws of the State of Florida, without giving effect to the principles of conflicts of law of such state. I agree that any action arising out of this Release and Waiver of Liability agreement must be brought exclusively in any state or federal court located in the State of Florida.
WAIVER. No waiver of any term or right in this Release and Waiver of Liability agreement shall be effective unless in writing, signed by an authorized representative of the waiving party. The failure of any party to enforce any provision of this agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this agreement thereafter.
SURVIVAL. Any provision of this Release and Waiver of Liability Agreement providing for performance by either party after termination of this agreement shall survive such termination and shall continue to be effective and enforceable.
COMPLIANCE WITH LAWS. In the performance of the terms of this Release and Waiver of Liability Agreement and use of the Premises, the parties shall comply with all applicable federal, state, regional and local laws, rules and regulations.
SEVERABILITY. If any provision or portion of this Release and Waiver of Liability agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.
ENTIRE AGREEMENT, MODIFICATION, BINDING EFFECT. This Agreement is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this agreement shall be valid unless in writing and signed by authorized representatives of the parties. This agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties.
By executing this waiver and agreement to a limited liability, I assume the risks and take full responsibility for looking after the Child(ren) while inside the Premises. I waive all and any claims of damages, injury, death, or any other associated or related to the use of the Premises or participation in activities or events organized by Kidsland, LLC. My signature is proof of my decision to grant a full and unconditional waiver and to limit the liability of Kidsland, LLC as specified herein.
I hereby acknowledge that i have fully read and understand each of the above provisions. I acknowledge that prior to signing this agreement i had the opportunity to consult with an attorney to review this agreement. I am at least eighteen (18) years of age and fully competent, and I execute this agreement voluntarily and for adequate consideration intending to be fully bound.