As parent or legal guardian of the child whose name is set forth below I have voluntarily elected to use and, as applicable, to allow the minor child(ren) identified below and all minor children under my supervision and referred to individually and collectively herein as “Child”, to use The Pitter Patter Playhouse facilities and equipment, (the “Facility” or “Facilities”). In consideration for being allowed to use said Facilities, and any other services provided by Pitter Patter Playhouse, LLC or its employees or agents at this Facility or at any other Facility of The Pitter Patter Playhouse. I represent, acknowledge and agree as follows:
- Activities. The Participant will participate in various activities offered by The Pitter Patter Playhouse (the "Activities"), including but not limited to activities involving materials, equipment, and other minor children and adult participants. The Pitter Patter Playhouse seeks to provide a safe environment, but they are not infallible. We might be unaware of a participant’s health or abilities. We may give incomplete warnings or instructions. The equipment or materials being used might malfunction. The actions or inactions of The Pitter Patter Playhouse Facility employees could cause me or the Child significant bodily injury or other harm.
- Assumption Of Risk. I am fully aware of the risks and hazards connected with the activities which may take place in the Facility. Such risks and hazards include but are not limited to: falls on or from the equipment; tripping; collisions with the equipment or with other participants; the transmission of disease strains and allergic reactions through use of the Facility equipment or materials or contact with other participants or surfaces they have contacted; and social or emotional distress. I understand that the Activities entail the risk of severe bodily injury to the Child. 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 paralysis and even death. Notwithstanding these risks and other hazards that may be foreseeable but not specifically identified herein, I, for myself and the Child and our respective heirs, personal representatives and assigns, understand, acknowledge, and expressly and voluntarily assume all risks and full responsibility for any injury arising out of or related to the Activities.
- Waiver, Release, Discharge and Agreement Not To Sue. I, for myself and the Child and our respective heirs, personal representatives and assigns, do hereby forever and unconditionally release, relinquish, waive, discharge and agree not to sue Pitter Patter Playhouse and its managers, members, employees, all other persons or entities acting in any capacity on their respective or collective behalf, and/or any other agents, for any injury to or death of the Child and/or any damage to person or property, arising, directly or indirectly, from participation in the Activities. This release, discharge and covenant not to sue shall relate to any and all claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, attorneys’ fees, damages, judgments and liabilities, of whatever kind or nature, in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, including claims and legal rights arising out of any negligence (but not gross negligence) of Pitter Patter Playhouse and/or its managers, members, employees and/or other agents and any other breach of a legal duty arising out of common law, statute, contract or otherwise.
- Indemnification And Hold Harmless. I agree to indemnify Pitter Patter Playhouse and hold Pitter Patter Playhouse harmless from, without limitation, any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney's fees and costs, incurred due to claims brought by any third party as a result of or arising out of any Child's involvement in the Activities and to reimburse Pitter Patter Playhouse for any such costs, expenses and fees as they are incurred. I acknowledge, accept, and assume the risk of any and all medical conditions, limitations, or disabilities (whether temporary or permanent) that I or the Child possess, whether known or unknown, which might contribute to or exacerbate any injury I or the Child might sustain as a result of using the Facility or any of its equipment or materials. I acknowledge and agree that if medical assistance (of any form, including emergency care, hospitalization, out-patient care, and/or physical therapy) is required or performed as a result of any injury I or the Child sustains while using the Facility, such assistance shall be at my own expense.
- ARBITRATION OF DISPUTES; TIME LIMIT TO BRING CLAIM. I understand that by agreeing to arbitrate any dispute as set forth in this section, I am waiving my right, and the right(s) of the Child, to maintain a lawsuit against The Pitter Patter Playhouse and the other released persons for any and all claims covered by this Agreement. By agreeing to arbitrate, I understand that I will NOT have the right to have my claim determined by a jury, and the minor Child will NOT have the right to have claim(s) determined by a jury. Reciprocally, The Pitter Patter Playhouse waives its right to maintain a lawsuit against me and the minor Child for any and all claims covered by this Agreement, and they will not have the right to have their claim(s) determined by a jury. ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO MY OR THE CHILD’S ACCESS TO AND/OR USE OF THE FACILITES, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE BROUGHT WITHIN ONE YEAR OF ITS ACCRUAL (i.e., the date of the alleged injury) AND BE DETERMINED BY ARBITRATION IN RHODE ISLAND, BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION PURSUANT TO ITS EXPEDITED ARBITRATION RULES AND PROCEDURES. JUDGMENT ON ANY AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION.
- Parent or Legal Guardian Certification And Consent. I hereby certify and warrant that I am the parent or legal guardian of the Child whose name appears below, and that I have authority to waive rights on behalf of the minor Child. I understand that my supervision of each Child for whom I am a parent or authorized caregiver is required at all times. I understand that my continuous supervision of the Child is the only mechanism or means of assuring that the Child does not leave the Facility alone or with an unauthorized third party. I have read and I understand all of the provisions of this document and the risks of the Activities, whether specified or not specified. I understand that the Activities could cause injury and even death. I acknowledge that I have read and understand the terms of this document and I am freely and voluntarily signing this document.
- Term. I understand that this Agreement extends forever into the future and will have full force and legal effect each and every time I or the Child visits a Facility, whether at the current location or any other location. I understand that my agreement and completion of this Agreement will authorize The Pitter Patter Playhouse to use it as a continuous waiver for the Child’s ongoing participation in the Activities. I hereby expressly authorize The Pitter Patter Playhouse to use this Agreement as a multi-use waiver until I have expressed to terminate this Agreement in a writing delivered to The Pitter Patter Playhouse. Any such termination shall not remove, modify, or terminate the protections afforded The Pitter Patter Playhouse hereunder for your or the Child’s use of any Facility prior to such termination.
- Use of Photography and/or Videos. In connection with my and the Child’s use of the Facility, I consent to the recording of the Child’s and my physical likeness and/or voice through mechanical, photographic, technical, digital, electronic or other means (“Recordings”). I hereby consent to and authorize The Pitter Patter Playhouse and its agents, representatives, employees, successors and assigns to use, in perpetuity, such Recordings, as well as the Child’s name and my name, for any purpose, including advertising, promoting, exploiting and/or publicizing any Facility. I further agree that the foregoing includes the consent to use the Child’s and/or my physical likeness in any form. In addition, I waive any and all claims I may have in connection with the Recordings. The Pitter Patter Playhouse may use any Recordings without further express written permission from or notice to those included within the photograph/video, including the Child.
- Full Understanding. I have had sufficient opportunity to read this document. I am 18 years of age or older. I have read and understood and agree to be bound by its terms. I understand that employees working at the Facility, including the manager, do not have the authority to waive any provision of this Agreement. This Agreement constitutes and contains the entire agreement between The Pitter Patter Playhouse and me relating to the Child’s and my use of the Facility. There are no other agreements, oral, written, or implied, with respect to such matters. I agree that this Release shall be construed and interpreted in accordance with the internal laws of the State of Rhode Island. If any term or provision of this Release shall be held to be illegal, unenforceable or in conflict with any law governing this Release the validity of the remaining portions shall not be affected thereby.
I HAVE READ EVERY SECTION OF THIS AGREEMENT IN FULL AND BY SIGNING IT I AGREE IT IS MY INTENTION TO EXEMPT AND RELIEVE Pitter Patter Playhouse LLC FROM ALL LIABILITY ARISING FROM THE UTILIZATION OF THE FACILITIES BY MEYSELF AND MY/THE CHILD.
IN SUMMARY, BY MY SIGNATURE BELOW, I ACKNOWLEDGE THAT IF I OR ANY CHILD FOR WHOM I AM SIGNING ARE INJURED IN ANY WAY, THIS AGREEMENT PREVENTS AND PROHIBITS ANY RECOVERY OF MONEY OR OTHER DAMAGES FROM THE PITTER PATTER PLAYHOUSE OR ANY RELATED ENTITY.