AKRON CHILDREN’S MUSEUM

Akron, Ohio

WAIVER AND RELEASE OF LIABILITY

In consideration of being allowed to enter the Akron Children’s Museum and/or the Monster Mission Course at the Akron Children’s Museum, Corp. (collectively, the “Akron Children’s Museum”), the undersigned, on his/her own behalf and on behalf of the participant(s) below, acknowledges and agrees to the following conditions:

(If applicable) I hereby represent and warrant that I am the parent/legal guardian of the participant(s) described below. I further represent and warrant that I am at least eighteen (18) years of age.  Myself/my child is in good physical and mental health and does not suffer from any mental or physical condition or disability that may render our participation in any of the Akron Children’s Museum’s activities hazardous to ourselves or to others or which may impair our ability to participate in the activity.

I, hereby agree that the participant(s) and I shall comply with the stated and customary terms, rules, and conditions of Akron Children’s Museum, including during the participation in any party and/or program at the Akron Children’s Museum, and I acknowledge that failure to do so may result in expulsion from Akron Children’s Museum. I understand that participation in Akron Children’s Museum’s Exhibits (which may, upon request from Akron Children’s Museum staff, include the use of any of the following: saws, hammers, nails, pliers, screwdrivers, and power drill and bits), Monster Mission Course, Equipment, Climbing Elements, Competitions, Sports, Training Activities and other Physical Activities (the “Activities”), are inherently dangerous recreational activities and/or sporting activities that involve an extreme test of my/my child’s (if applicable) physical and mental limits, including inherent risks of serious physical injury or death. Inherent risks are risks that cannot be eliminated regardless of the care and precautions taken by the operator, including, but not limited to the Akron Children’s Museum, and its respective, members, directors, officers, employees, agents, contractors, insurers, equipment suppliers, and volunteers, and representatives of any of the foregoing.

I further acknowledge and agree that none of the released parties (as defined below) has any obligation or responsibility to evaluate my/my child’s physical condition or any limitations associated with my/my child’s participation in the Activities.

RELEASED PARTIES MEANS EACH OF THE FOLLOWING: THE AKRON CHILDREN’S MUSEUM, AND ITS RESPECTIVE, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, INSURERS, EQUIPMENT SUPPLIERS, AND VOLUNTEERS, AND REPRESENTATIVES OF ANY OF THE FOREGOING.

I, for myself and the participant(s) and our respective heirs, assigns, administrators, personal representatives, and next of kin (“Releasors”), do hereby release and hold harmless Akron Children’s Museum and its subsidiaries, affiliates, employees, officers, directors, members, agents, representatives, permitted successors and permitted assigns (collectively, “Releasees”) of and from any and all actions, causes of action, suits, losses, liabilities, rights, obligations, costs, expenses, controversies, damages, judgments, claims, and demands, of every kind and nature whatsoever, whether now known or unknown, foreseen or unforeseen, matured or unmatured, suspected or unsuspected, in law, admiralty or equity (collectively, “Claims”), which any of such Releasors ever had, now have, or hereafter can, shall, or may have against any of such Releasees for, upon, or by reason of any matter, cause, or thing whatsoever arising out of or relating to participation in any and all Akron Children’s Museum programs, activities, parties and/or other play areas and/or equipment.

I shall defend, indemnify and hold harmless Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, fees and the costs of enforcing any right to indemnification under this Agreement and the cost of pursuing any insurance providers (collectively, “Losses”), arising out of or resulting from the participation of the below-described participant(s) in any and all Akron Children’s Museum Monster Mission programs, activities, parties and/or other play areas and/or equipment, including, but not limited to (i) any bodily injury, death of any person or damage to real or tangible personal property and (ii) the negligence or more culpable act or omission of any person or entity.

I agree that, if any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is governed by Ohio law without regard to choice of law and conflicts of law principles. This Agreement constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.


Adult Participant/Parent or Legal Guardian

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Date: 05.12.2019

Time: 11:12 PM

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Children(s)

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