I, the undersigned as parent/legal guardian of the child(ren) whose name(s) is set forth below (who is/are referred to herein as the “Participant(s)”) and in consideration of the Participant(s) being permitted to participate in the Activities (as defined below) conducted by FUNZY PLAY, LLC (referred to herein as “Funzy Play” and/or “Playground”) located at 125 River Drive S, Jersey City, New Jersey 07310, the Participant(s) and I agree as follows:
1. Activities - The Participant(s) will participate in activities offered by Funzy Play (the "Activities"), including but not limited to, the following: use of the play area and equipment, parties, programs, enrichment activities, events as well as concessions and souvenirs.
2. Inherent Risk Factors and Assumption of Risk – I understand and acknowledge that all activities of the Playground include inherent risks, hazards and dangers that cannot be totally eliminated regardless of the care taken by the Playground and have explained them to any Participant(s) in my care. The Activities’ risk, hazards and danger of severe bodily injuries that could result will vary, but may include (a) minor injuries such as scratches, bruises and sprains; (b) major injuries such as eye injury or loss of sight, joint or back injuries and concussions; and (c) catastrophic injuries, including but not limited to paralysis, disability, emotional distress, loss of services, monetary loss property damage, and even death and have explained them to any participant(s) in my care. Notwithstanding these risks and other hazards that may be foreseeable but not specifically identified herein including risks arising from the negligence of other participant(s). I hereby assert that the participation of any Participant(s) in my care is voluntary and, by the execution of this Agreement, I (on behalf of myself and any Participant(s) in my care), knowingly assume all inherent risks of injury on behalf of myself and any Participant(s) in my care while on the Playground’s premises, and I do hereby surrender and waive any rights to sue or exercise any legal right to seek damages against Funzy Play’s, including corporate partners and owners, directors, board members, officers, employees, volunteers, independent contractors, agents, equipment suppliers, and owners/operators of all venues (hereafter referred to as the Protected Parties).
3. Waiver of Liability - In consideration of permission for any Participant(s) in my care to participate in the Playground’s activities, or for my observation of Participant(s) in the care of other adults, as applicable, today and on all future dates, I, the undersigned, on behalf of myself and the Participant(s) and our respective heirs, personal representatives, spouse, heirs, children, executors, administrators, personal or legal representatives, successors and assigns (hereafter referred to as the Releasing Parties) do hereby waive, release, covenant not to sue and discharge the Protected Parties from any and all claims, demands, actions, damages, liability, cost or expense, of every name and nature, including attorneys’ fees, which are related to or arise out of or are in any way connected to the participation or use by me or any Participant(s) in my care of the equipment or facilities made available at Funzy Play, or my participation or that of any Participant(s) in my care in any activities while on the Playground’s premises, including, but not limited to, those arising from the ordinary negligence of the Protected Parties (this should not be construed to waive claims of gross negligence, reckless conduct, willful/wanton conduct, or intentional acts). I specifically understand that I am releasing, discharging and waiving any claims or actions that the Releasing Parties may have presently or in the future for the negligent acts or other conduct by the protected parties, on my own behalf and on behalf of the other Releasing Parties, including any Participant(s) in my care. This agreement applies to 1) personal injury (including wrongful death, loss of services, disability and/or death) to Participant(s), to myself, or to my spouse from incidents or illnesses arising directly or indirectly from participant(s)’ participation in the Playground’s activities, including, but not limited to: parties, special events, and recreational play; while as a participant, observer or spectator; and individual use of all facilities, and to 2) any and all claims resulting from the damage to, loss of, or theft of property. This agreement applies to all facilities, equipment, and all other venues or premises including the associated sidewalks, restrooms and party rooms owned and/or operated by the Playground.
4. Indemnification And Hold Harmless – I, the undersigned, also agree to hold harmless, defend, and indemnify Protected Parties (that is, defend and pay any judgment and costs, including investigation costs, attorneys’ fees, and related expenses) from any and all claims of Releasing Parties or others acting on my behalf or on behalf of any Participant(s) in my care, arising from participation in Funzy Play’s activities (including, but not limited to, those arising from the inherent risks of the activity or the ordinary negligence of Protected Parties). I, the undersigned, further agree to hold harmless, defend, and indemnify the Playground against any and all claims of co-participants, rescuers, and others arising from the conduct of me or any children in my care in Funzy Play’s activities, and consent, on my behalf and on that of any Participant(s) in my care, to being filmed by video surveillance for the duration of our visit to the Playground, and for the playground to retain copies of any such surveillance for its records.
5. Clarifying Clauses - I, the undersigned, hereby confirm and agree as follows:
a) The foregoing Assumption of Risk, Waiver of Liability, Indemnification Agreement, and Covenant Not to Sue is intended to be as broad and inclusive as is permitted by the laws of the State of New Jersey and that if any portion thereof is held invalid, it is agreed that the balance shall continue in full legal force and effect. Prior to signing this Agreement, I have been provided with an opportunity to ask any and all questions that I had about the playground and activities at the playground;
b) This agreement supersedes any and all previous oral or written promises or agreements. I understand that this is the entire agreement between me and Funzy Play and that it cannot be modified or changed in any way by representations or statements by any agent or employee of the Playground;
c) If legal action is brought against the protected parties, either the appropriate state court serving Hudson County, New Jersey, or the United States District Court for New Jersey has the sole and exclusive jurisdiction and that only the substantive laws of the State of New Jersey shall apply;
d) Prior to pursuing legal action, I will engage in good faith efforts to mediate any dispute that might arise. Any agreement reached will be formalized by a written contractual agreement at that time. Should the issue not be resolved by mediation, I agree that all disputes, controversies, or claims arising out of participation in the Playground shall be submitted to binding arbitration. All arbitrations will be conducted in Jersey City, New Jersey, pursuant to the Consumer Arbitration Rules of the American Arbitration Association.
6. Acknowledgements to Promote Participant(s) Safety: These affirmations aid Funzy Play in providing for the health and safety of the participant(s).
i) Health Status: I, the undersigned affirms that the participant(s) in my or her care: a) Possess no health problems or physical disabilities that would make participation unwise or risk injury; b) I understand that Funzy Play advises all participants to seek medical clearance prior to participation; c) Participant(s) possess sufficient skills, coordination, and fitness to safely participate.
ii) Medical Care: I, the undersigned: a) Authorize the use of first aid by Funzy Play if Funzy Play’s staff deems it is needed; b) Authorize the use of CPR if Funzy Play’s staff deems it is needed; c) Authorize the use of an Automated External Defibrillator (when available) should Funzy Play’s staff deem it is needed; d) Authorizes Funzy Play to secure emergency medical care and transport if deemed necessary; e) Agree to assume all cost of emergency care and transportation.
iii) Rules and Safety. I, the undersigned agree: a) To explain Funzy Play’s rules to any Participant(s) in my care and instruct the Participant(s) to follow them; b) To report all injuries (even minor injuries) so that Funzy Play may make a record of the injury; c) if we observe any hazard during our participation, I will bring it immediately to the attention of the nearest Funzy Play employee; d) That Funzy Play has authority to halt any participation if it endangers others; e) The non-compliance with Funzy Play 's policies and procedures may result in termination of visit without refund; f) That Funzy Play requires that a parent or legal guardian take an active role in supervising the Participant(s) in their care during play; g) To monitor and supervise any Participant(s) in my care during play; h) This agreement will keep on file and it is valid until a new one is fill and sign in order to update the current one.
7. By purchasing pass at Funzy Play - I agree to allow Funzy Play to use photos/videos taken of my family for archival and publicity purposes Publication include but not be limited to, marketing materials, social media and websites.
8. Acknowledgment of Understanding - I have read and understand this Agreement. Further, I assert that I have explained the risks of the activity to any Participant(s) in my care and they understand this Agreement. I understand that I am giving up substantial rights, including my rights and the rights of any Participant(s) in my care to sue for damages in the event of death or injury to the Participant(s) or to me. I also acknowledge that I am voluntarily signing this agreement, and intend my signature to be a complete release of all liability, including that due to inherent risks or ordinary negligence by the Protected Parties, to the greatest extent allowed by the laws of the states signified above.
I certify that I am (i) over 18 years of age, (ii) I am the parent or legal guardian of the children listed below and have the legal capacity and authority to enter into this agreement on behalf of such children, (iii) I have carefully read the foregoing paragraphs and (iv) and by my signature agree to be bound by the terms of this agreement: