Playground Participant Waiver

For the safety of all participants in this facility, some common restrictions are in place. For being able to participate I agree my children and I will follow Monkeyin Around Incs playground rules. I understand the safety restrictions include but are not limited to the following: NO running, No Pushing, No Shoving, never slide headfirst, no walking up the slides, NO Barefeet and no food or beverages outside the cafe area. I understand I am responsible for my child and I will never leave my child unattended while at Monkeyin Around Inc. Further, I will be AWARE of others, of physical limitations and of age restricted areas. (4 and under areas)

In consideration of participating in Monkeyin Arounds Inc. Activities, and for other good and valuable consideration, I hereby agree to release and discharge from liability arising from negligence Monkeyin Around Inc. and its owners, directors, officers employees, agents, volunteers, participants, and all other persons or entities acting for them (hereinafter collectively referred to as "Releasees"), on behalf of myself and my children, parents, heirs, assigns, personal representative and estate, and also agree as follows:

1. I acknowledge that participating in Monkeyin Around Inc, activities involves known and unanticipated risks which could result in physical or emotional injury, paralysis or permanent disability, death, and property damage. Risks include, but are not limited to, splinters, broken bones, torn ligaments or other injuries as a result of falls or contact with other participants; medical conditions resulting from physical activity; and damaged clothing or other property. I understand such risks simply cannot be eliminated, despite the use of safety equipment without jeopardizing the essential qualities of the activity.
2. I expressly accept and assume all of the risks inherent in this activity or that might have been caused by the negligence of the Releasees. My and my childrens participation in this activity is purely voluntary and I elect to participate and accept responsiblity for the risks for my children. In addition, if at any time I believe that event conditions are unsafe or that I am or my children are unable to participate due to physical or medical conditions, then I will immediately discontinue participation.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Releasees from any and all claims, demands, or causes of action which are in any way connected with my participation in this activity, or my use of their equipment or facilities, arising from negligence. This release does not apply to claims arising from intentional conduct. Should Releasees or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement I agree to indemnify and hold them harmless for all such fees and costs.
4. I represent that I have adequate insurance to cover any injury or damage I may (or my children) suffer or cause while participating in this activity, or else I agree to bear the costs of such injury or damage myself. I further represent that I (or my children) have no medical or physical condition which could interfere with my safety in this activity, or else l am willing to assume and bear the costs of- all risks that may be created, directly or indirectly, by any such condition
5. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
6. I agree to allow Monkeyin Around Inc to publish any photographs or video taken of me, for use in Monkeyin Around Inc printed publications and website. I acknowledge that since participation in publications and websites produced by Monkeyin Around Inc is voluntary, I will receive no financial compensation. I further agree that participation in any publication and website produced by Monkeyin Around Inc. confers upon me no rights of ownership whatsoever. I release Monkeyin Around Inc, its contractors and its employees from liability for any claims by the me or any third party in connection with my participation.

By signing this document, I agree that if I (or my children) are hurt or my property is damaged or stolen during my participation in this activity, then I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being released on the basis of any claim for negligence.

I have had sufficient time to read this entire document and, should I choose to do so, consult with legal counsel prior to signing. Also. I understand that this activity might not be made available to me or that the cost to engage in this activity would be significantly greater if I were to choose not to sign this release and agree that the opportunity to participate at the stated cost in return for the execution of this release is a reasonable bargain. I have read and understood this document and I agree to be bound by its terms.

In consideration of my son or daughter or legal ward being permitted to participate in this activity, I further agree to indemnify and hold harmless Releasees from any claims alleging negligence which are brought by or on behalf of minor or are in any way connected with such participation by minor.