MINISOTA PLAY CAFÉ LLC
PARTICIPANT RELEASE FORM
In consideration of being allowed to enter the play area at MiniSota Play Café LLC (the “Business”), to use any equipment or to participate in any event and/or class, the undersigned, on his or her behalf and on the behalf of the minor(s) listed below, enters into this release, as follows:
- The undersigned acknowledges that this Release shall be used and relied upon by the Business and that it shall govern the undersigned’s actions and rights.
- The undersigned knowingly, voluntarily and fully assumes all risks; known and unknown, associated with the attendance at and/or participation in any and all activities, programs, parties or food and/or drink consumption or any other event at the Business, and waives all claims for damage to personal property or injury to person arising from such participation and expressly releases and waives any and all claims for damages. The undersigned does hereby surrender and waive any rights to sue or exercise any legal right to seek damage against the Business or any affiliates thereof, including, but not limited to, its owners, officers, members, agents, employees, directors, trustees, affiliates, other persons or entities acting on their behalf. THIS RELEASE COVERS RISKS OF DEATH, SERIOUS INJURY, AND PROPERTY LOSS ARISING FROM NEGLIGENCE OR CARELESSNESS OR GROSS NEGLIGENCE ON THE PART OF THE PERSONS OR ENTITIES BEING RELEASED AND OTHER PARTICIPANTS.
- The undersigned certifies that he/she is physically fit and may participate in the activities available at the Business and has not been advised to the contrary by a qualified medical professional.
- The undersigned agrees to pay for all damages to the facilities of the Business caused by them or their family’s negligent, reckless, or willful actions.
- The undersigned agrees to abide with rules and conditions of participation and/or attendance, posted at or explained by an employee at the Business. If the undersigned experiences any significant hazard or injury during such participation, the undersigned will promptly inform an employee of the Business.
- In addition to any rules posted on premises, rules that must be adhered to include the following: Shoes are not allowed on the play floor and socks must be worn at all times; adults must supervise their children at all times; food is not allowed on the play floor; and children and adults must show respect to other consumers, the employees, and the equipment at all times. The Business retains the right to remove any participant from the play area for failure to obey these rules.
- Every participant, or if you are under the age of 18 years, then the participant’s legal guardian/parent/designated representative, is required to sign a Release prior to participating in the Business’s activities, events, classes, or use of the facilities (play area). If a membership is purchased, the Release will cover the length of the membership.
- I agree to indemnify the Business for any attorneys’ fees and/or costs incurred to enforce this Release, including all costs associated with any collection efforts. Further, should any debt and/or judgment accrue in favor of the Business, prejudgment and post-judgment interest shall accrue thereon at a rate of 18% per annum.
- Any provision of this Release that shall be prohibited or unenforceable shall be deemed ineffective to the extent of such prohibition or unenforceability without invalidation of the remaining provisions thereof, which shall all remain in full force and effect.
- I represent that I am the parent or legal guardian of the child(ren) named below, or I have obtained permission from the parent/legal guardian of such child(ren) to execute this Release on their behalf. I agree that the child(ren) named below and I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions as conditions for participation in any program and/or class at the Business. I am aware that there are inherent risks associated with participation in the Business’s programs, classes, and/or use of the playroom. I either have full knowledge and understanding of the nature and extent of such risks or I expressly recognize that there may be some risks unknown to me and sign this document knowing that it shall be effective with respect to such risk. I, on behalf of myself and the child(ren) named below, knowingly and freely assume all such risks, including, but not limited to, personal injury, death, and property damage, and those risks that may arise out of the negligence of other child(ren) and/or those arising out of or relating to participation in any and all of the Business’s programs, classes, or use of the playroom.
- Any controversy, dispute, or claim arising out of or related to this Release, which the parties are unable to resolve by mutual agreement, shall be settled exclusively by submission by either party of the controversy, claim or dispute to binding arbitration; said arbitration to take place exclusively before a single arbitrator located within 25 miles of the Event location and in accordance with the rules of the American Arbitration Association then in effect.
- I agree that this Release is intended to be as broad and inclusive as permitted by the laws of the State of Minnesota, and that this Release shall be governed and interpreted with the laws of the State of Minnesota.
I have read this document before signing, and I fully understand the content, meaning and impact of this consent, waiver, indemnity, and release.