Neon Cove Playground Waiver
PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF THE RISK
1. I, name listed as below, attest that I am the parent or legal guardian of the participant(s) undersigned, or that I have obtained permission from the parent or legal guardian of the participant(s) undersigned to execute this agreement on their behalf and agree to attend to and monitor the activities of all participant(s) undersigned such that all activities are age-appropriate and ability-appropriate.
2. I agree that the participant(s) undersigned and I shall willingly comply with all stated and customary terms, posted safety signs, rules, and safety instructions and directions given by Neon Cove Playground and its staff and personnel as conditions for use of play equipment and participation in any party, event, activity, and/or program.
3. I, for myself and the participant(s) undersigned, acknowledge and understand that all equipment at Neon Cove Playground including slides, stairs, climbing structures, obstacles, interactive panels, soft play structures with moving parts, games, inflatables, trampolines, and other toys can be hazardous and dangerous. Activities require various degrees of skill and experience. I understand that these activities can result in serious injury, death, illness, and loss of any kind. I understand that such risk cannot be eliminated without jeopardizing the essential qualities of the Activity. I promise to accept and assume all of the risk and responsibilities for loss of any kind, injury, death, and illness to myself and the participant(s) undersigned on our premises, including those that may arise out of negligent acts or omissions of Neon Cove Playground staff or other participants. I also hereby agree to indemnify, hold harmless and defend Neon Cove Playground their employees and agents from any and all claims resulting from injuries, including death, damages and loss sustained by anyone, which arise out of or are in any way associated with my conduct or the conduct of those individuals participating under my supervision and/or the activities of the facility. I acknowledge that myself and the participant(s) undersigned may require medical assistance, which I acknowledge will be at my own expense or the expense of my personal insurers. I represent and affirm that I have adequate and appropriate insurance to provide coverage for such medical expenses.
4. I am aware that there are age and weight limits of certain activities for the safety of different age groups of children at Neon Cove Playground.
5. In consideration of Neon Cove Playground allowing my participation and the participation of the undersigned, I, for myself and the participant(s) undersigned and/or legal ward, heirs, administrators, personal representatives, or assigns hereby voluntarily release, waive, and forever discharge and covenant not to sue Neon Cove Playground and its owners, agents, employees, officers, and all other persons or entities acting on its behalf.
6. I understand the effect of this waiver and acceptance of risk on my legal rights. By signing this release of liability agreement and participating at Neon Cove Playground it is my intention to assume all risk of injury and I for myself and the participant(s) undersigned. I hereby fully and forever release and discharge indemnify and hold harmless Neon Cove Playground, its owners, employees, agents, the property owner and/or all other persons or entities acting on its behalf from any and all liabilities, claims, demands, damages, rights of action, suits or causes of action present or future, whether they be known or unknown, anticipated or unanticipated, resulting from or arising in any way out of my use or intended use of said premises, facilities or equipment to the fullest extent permitted by law. I fully and forever release and discharge the released parties and their employees and agents from any and all negligent acts and omissions in the same, and intend to be legally bound by this release to the fullest extent permitted by law.
7. I will review and observe the operational rules and understand that it is my responsibility to ask questions about the operational rules and regulations if necessary. I understand that it is my responsibility to ensure that myself and the participant(s) undersigned understand the rules. Although our staff observe and monitor children/adults playing, it is my responsibility to supervise my children and my own activities. Neon Cove Playground is not an insurer or guarantor of children’s safety and does not assume the parental responsibility to supervise and direct children’s activities. I will bring any observation of the rules being broken to the attention of a Neon Cove Playground staff member. I certify that myself and the participant(s) undersigned are in good health and that myself and the participant(s) undersigned have no physical limitations, which would preclude safe participation at Neon Cove Playground.
8. I agree to follow the rules as explained: all guests are required to wear socks at all times. Wearing socks is necessary to maintain health and safety standards. I understand that shoes are NOT allowed inside. Neon Cove Playground understands that certain medical conditions can prevent me and/or participants from taking off shoes in the facility. With exceptions of medical conditions that may require shoes, please speak to a Neon Cove Playground staff member at guest services in order to obtain a medical wristband. I understand that failure to adhere to these rules may result in being denied entry of myself and the participant(s) undersigned.
9. Photos and use of recording devices may be used on premises and images and videos of children may be used for marketing and security purposes. I further authorize Neon Cove Playground to use my or my child(ren)’s name, face, likeness, voice and appearances in connection with exhibitions, publicity, online or print advertising, and promotional materials.
10. I understand and agree that NO REFUND will be given to myself and the participant(s) undersigned if we have stayed 10 minutes or more regardless of the situation.
11. I acknowledge that the involvement of myself and the participant(s) undersigned in activities at Neon Cove Playground is voluntary and no one is forcing me to participate in spite of the risks. I hereby certify that I am over 18 years of age. I have carefully read the foregoing covenant not to sue, assumption of risk, and acknowledge that I understand and agree to all of the above terms and conditions. Prior to signing this agreement, I have had an opportunity to ask any and all questions. I am aware that by signing this agreement, I assume all risks and waive and release all substantial rights that I may have possess. I understand that this waiver is subject to change.
12. As Neon Cove Playground is a child/parent environment, the designated supervising adult(s) are responsible for the child(ren) in their care. While our staff will work hard to ensure everyone has fun, safe, and appropriate play, if a child is unable to follow the facility rules, the following steps will be taken to ensure other guests are able to enjoy their playtime:
a. 1st Warning: The rule will be reviewed with the child again to ensure complete understanding of junior Playground safety rules. 2nd Warning: The parent will be notified of the child’s behavior and a last warning given. 3rd Warning: The child will be asked to discontinue play for at least 10 minutes (including the possibility of leaving with no possibility of a refund).
b. Bullying and unsafe play will not be tolerated. It is the sole discretion of Neon Cove Playground staff to discontinue play of participants or ask participants to leave the premises if bullying or unsafe play occurs. Participants asked to leave the premises after such conduct will not receive a refund.
13. If the participant is of minority age, the undersigned parent or guardian hereby gives permission for Neon Cove Playground to authorize emergency medical treatment as may be deemed necessary for the minor(s) named below while participating in our activities. The undersigned hereby releases, discharges, covenant not to sue, and agrees to indemnify and save and hold harmless Neon Cove Playground from all liability, claims, demands, losses or damages on the minors account caused or alleged to have been caused in whole or in part by the negligent medical treatment, failure to provide medical treatment, or negligent rescue operations, and further agrees to indemnify and hold harmless Neon Cove Playground from any litigation expenses, attorneys fees, loss liability, damages, or costs incurred by junior playground as a result of any such claim.
14. Should Neon Cove playground, or anyone acting on Neon Cove Playgrounds behalf, be required to incur attorney’s fees and costs to enforce this Agreement, including any claim which I have waived or I have released Neon Cove Playground hereunder. I agree to indemnify and hold Neon Cove Playground harmless for all such fees and costs.
15. In the event I, or a participant(s) undersigned, files a lawsuit against Neon Cove Playground, I agree to do so solely in the State of Missouri, and I further agree the substantive law of Missouri shall apply.
16. I agree that if any portion of this Agreement is found void or unenforceable, the remaining portions shall remain in full force and effect.
I HAVE READ THE ABOVE MEDICAL PERMISSION AUTHORIZATION AND BY SIGNING IT AGREE THAT IT IS MY INTENTION TO EXEPMT AND RELIEVE NEON COVE PLAYGROUND FROM ALL LIABILITY ARISING AS THE RESULT OF THIS MEDICAL AUTHORIZATION.
PLEASE REVIEW ALL OUR SAFETY RULES WITH YOUR CHILDREN AND ENSURE THAT THEY ARE NOT CHEWING ON ANYTHING AT ALL TIMES WHILE ON THE SOFT FLOOR TO AVOID CHOKING OR VOMITING. IF A STAFF MEMBER FEELS A CHILD IS UNHEALTHY TO CONTINUE PLAY, HYPER KIDZ STAFF MAY STOP THEIR PLAY AND OFFER A FREE ADMISSION TO RETURN ANOTHER DAY.
NOTE: ALL EQUIPMENT IS EXCLUSIVELY DESIGNED FOR CHILDREN ONLY. YOU, AS A PARENT OR GUARDIAN, ARE NOT ALLOWED TO TRY ANY EQUIPMENT OTHER THAN THE LARGE PLAYGROUND STRUCTURE AND BALLOON HOUSE WHICH YOU CAN PLAY WITH YOUR OWN CHILDREN ONLY, NOT WITH OTHER ADULTS.
YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM AND NEON COVE PLAYGROUND HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
LIABILITY WAIVER AND RELEASE OF CLAIMS: I acknowledge that I derive personal satisfaction and a benefit by virtue of my participation at Neon Cove Playground and I willingly engage in Neon Cove Playground events and activities (the “Activity”).
RELEASE AND WAIVER. I HEREBY RELEASE, WAIVE AND FOREVER DISCHARGE ANY AND ALL LIABILITY, CLAIMS, AND DEMANDS OF WHATEVER KIND OR NATURE AGAINST NEON COVE PLAYGROUND AND ITS PARTNERS AND AFFILIATES, INCLUDING IN EACH CASE, WITHOUT LIMITATION, THEIR DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AND AGENTS (THE “RELEASED PARTIES”), EITHER IN LAW OR IN EQUITY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES CAUSED BY THE NEGLIGENCE, FAULT OR CONDUCT OF ANY KIND ON THE PART OF THE
RELEASED PARTIES, INCLUDING BUT NOT LIMITED TO DEATH, BODILY INJURY, ILLNESS, ECONOMIC LOSS OR OUT OF POCKET EXPENSES, OR LOSS OR DAMAGE TO PROPERTY, WHICH I, MY HEIRS, ASSIGNEES, NEXT OF KIN AND/OR LEGALLY APPOINTED OR DESIGNATED REPRESENTATIVES, MAY HAVE OR WHICH MAY HEREINAFTER ACCRUE ON MY BEHALF, WHICH ARISE OR MAY HEREAFTER ARISE FROM MY PARTICIPATION WITH THE ACTIVITY.
ASSUMPTION OF RISK. I acknowledge and understand the following: 1. Participation includes possible exposure to and illness from infectious diseases including but not limited to COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; 2. I knowingly and freely assume all such risks related to illness and infectious diseases, such as COVID-19, even if arising from the negligence or fault of the Released Parties; and 3. I hereby knowingly assume the risk of injury, harm and loss associated with the Activity, including any injury, harm and loss caused by the negligence, fault or conduct of any kind on the part of the Released Parties.
MEDICAL ACKNOWLEDGMENT AND RELEASE. I acknowledge the health risks associated with the Activity, including but not limited to transient dizziness, lightheaded, fainting, nausea, muscle cramping, musculoskeletal injury, joint pains, sprains and strains, heart attack, stroke, or sudden death. I agree that if I experience any of these or any other symptoms during the Activity, I will discontinue my participation immediately and seek appropriate medical attention. I DO HEREBY RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES FROM ANY CLAIM WHATSOEVER WHICH ARISES OR MAY HEREAFTER ARISE ON ACCOUNT OF ANY FIRST AID, TREATMENT, OR SERVICE RENDERED IN CONNECTION WITH MY PARTICIPATION IN THE ACTIVITY. As a participant, volunteer, or attendee, You recognize that your participation, involvement and/or attendance at any Neon Cove pPayground event or activity (“Activity”) is voluntary and may result in personal injury (including death) and/or property damage. By attending, observing or participating in the Activity, You acknowledge and assume all risks and dangers associated with your participation and/or attendance at the Activity, and You agree that: (a) Neon Cove Playground (b) the property or site owner of the Activity, and (c) all past, present and future affiliates, successors, assigns, employees, volunteers, vendors, partners, directors, and officers, of such entities (subsections (a) through (c), collectively, the “Released Parties”), will not be responsible for any personal injury (including death), property damage, or other loss suffered as a result of your participation in, attendance at, and/or observation of the Activity, regardless if any such injuries or losses are caused by the negligence of any of the Released Parties (collectively, the “Released Claims”). BY ATTENDING AND/OR PARTICIPATING IN THE ACTIVITY, YOU ARE DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.