BUG & GOOSE, INC.
AGREEMENT, RELEASE, AND WAIVER OF LIABILITY
Important Legal Document that Affects Your Rights:
In consideration of me and child/children for whom I am the guardian (“Children”), identified below, being able to use the facilities at Bug & Goose Play Café, located at 13448 Watertown Plank Road, Elm Grove, Wisconsin (the “Facility”), owned and operated by Bug & Goose, Inc. (“Bug & Goose”), I, on behalf of myself, and the child/children for whom I am the guardian, and our personal representatives, spouses, assigns, heirs, and next of kin (“Releasing Parties”) do hereby acknowledge and agree to the following:
- Acknowledgement and Voluntary Assumption of the Risk. I acknowledge and agree that I and the Children are participating voluntarily in activities at the Facility. I acknowledge that participation in these activities may be dangerous and that the risks of such activities cannot be completely eliminated. I acknowledge that by my participation and/or the Children’s participation in activities at the Facility, I and the Children are assuming the risk of property damage and serious injury up to and including death. Such damage, injuries, or death may occur from the actions or inactions of other customers or Bug & Goose representatives or employees.
My participation and/or the Children’s participation in activities at the Facility is voluntary and is not time sensitive, and I have had the opportunity to consider and negotiate the terms and conditions of my participation on behalf of myself and the Children.
I acknowledge that attendance at the Facility includes possible exposure to and illness from infectious diseases including but not limited to COVID-19. While adherence to Bug & Goose sanitation policies and personal discipline may reduce this risk, the risk of serious illness and death does exist. I willingly agree to comply with the stated and customary terms and conditions for attendance and participation in regard to protection against infectious diseases. I knowingly and voluntarily assume the risks inherent to me or the Children for participating in activities at the Facility, including the risk of exposure to COVID-19.
- Release. In consideration of my participation and/or the Children’s participation in activities at the Facility, I hereby expressly, voluntarily, and knowingly waive and release any and all claims of the Releasing Parties for personal property damage, injury, or death to myself or the Children arising from the negligence of Bug & Goose, its members, shareholders, directors, trustees, officers, insurers, employees, and agents (collectively, the “Bug & Goose Releasees”), from 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 (collectively, the “Claims”), related to or arising, directly or indirectly, from my or the Children’s access to and/or use of Bug & Goose, premises and/or its equipment. In the event that any Claim released herein is brought by, or asserted on behalf of, the Releasing Parties, I shall immediately defend, indemnify and hold harmless the Bug & Goose Releasees, both collectively and individually, from any Claims associated therewith or arising therefrom.
I have carefully read the “Acknowledgement and Voluntary Assumption of the Risk” section of this Agreement. I agree to assume all risk of, release, and waive all claims and causes of action for any injury, illness, death, or damage to property that may occur while I and/or the Children are participating in activities at the Facility, including but not limited to any such injury, illness, death or damage related to COVID-19.
- Scope of Release. The release in paragraph 2 has no effect upon claims that I and the Children may have for conduct that is criminal or conduct intended to cause harm to me or the Children. Otherwise, this Release shall be construed broadly under Wisconsin law to provide a release and waiver to the maximum extent permissible under Wisconsin law.
- Full Understanding. I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS TO ME AND THE CHILDREN BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
I FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENTS APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE.
- Photo/Video/Social Media Waiver. In connection with my and the Children’s use of Bug & Goose, I consent to the recording of me and/or the Children’s physical likeness and/or voice through mechanical, photographic, technical, digital, electronic or other means (“Recordings”). I hereby consent to and authorize Bug & Goose and its agents, representatives, employees, successors and assigns to use, in perpetuity, such Recordings, as well as the Children’s name and my name, for any purpose, including advertising, promoting, exploiting and/or publicizing Bug & Goose. I further agree that the foregoing includes the consent to use the Children’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.
If your minor child or children are under the age of 18, you represent and warrant that you are the parent or legal guardian of the minor child or children and have the legal authority to sign this Release and Waiver of Liability on their behalf. You agree that by signing as a parent or legal guardian, the terms of this Release and Waiver of Liability apply equally to you and your minor child or children.