This is a release of liability and waiver of certain legal rights. References to “our”, “us”, “we” or the “Company” shall mean and refer to Mini Playtime, LLC, a Texas limited liability company. By visiting our location, participating in our events, parties, or programs, utilizing any of our toys, equipment, or materials, or otherwise accessing our facilities (collectively, the “Activities”), the undersigned, on his or her behalf, and on the behalf of the participant(s) and minor children identified below, acknowledges, appreciates, understands, and agrees to the following:
You acknowledge and understand that no warranty, either expressed or implied, is made by the Company as to conditions or the equipment or other devices provided as part of the Activities. Your presence and/or participation with any Activities may expose you and members of your group or family to potentially dangerous conditions, risks and hazards and creates a risk of bodily injury. Injuries that could result will vary but may include (a) minor injuries such as muscle strains and sprains, bruises, abrasions, and contusions; (b) serious injuries which could include but are not limited to, broken bones, ligament and joint injuries, concussions, and eye injury; and (c) catastrophic injuries such as brain injuries, paralysis, heart attack, and even death. Even though the likelihood of such an injury is very remote, we feel that the participants should be aware of all possibilities. In the event of a medical emergency, we may administer emergency aid, CPR, and use an AED (defibrillator) when deemed necessary, and/or secure medical care or transportation at your cost, but shall be under no obligation to perform or secure medical aid. By participating in the Activities, you, for yourself and the participants and minor children for which you are representing, agree and understand all hazards as described above and beyond, and expressly assume all risks and full responsibility for any injury arising out of or related to the Activities. You understand that these Activities may require good physical conditioning and a certain degree of skill and knowledge. You, and the participants and minor children for which you are representing, have good physical conditioning and the degree of skill and knowledge necessary for, or if entered into on behalf of a minor, your minor family members to engage in these Activities safely.
You understand that you have responsibilities with respect to the supervision of your children, and your actions in our facilities. Specifically, you understand that adult supervision of each child by that child's parent or authorized guardian is required at all times. We shall not be liable for any injury resulting from an absence of adult supervision, including, but not limited to, choking hazards, and a child leaving the property without a parent or guardian. You agree to read, understand and follow all posted rules, regulations and procedures as may be on display from time-to-time in our facilities.
You acknowledge and agree that the Company, and the owners, officers, employees of the Company, and the facilities’ landlord, if any (collectively, the “Released Parties”) are in no way responsible for any injury or harm you or anyone else may suffer in connection with your attendance, participation or presence in relation to the Activities. To the fullest extent permitted by law, you (and on behalf of your minor children, family members, participants, heirs, executors and representatives) release and agree not to sue the Released Parties from and against all liabilities, losses, damages, claims, demands, actions, suits, causes of action, costs, fees, and expenses (including reasonable attorney's fees and court or other costs) relating to, resulting from, or arising out of or alleged to have arisen out of (in whole or in part) any bodily injury to or death of a participant or damage to or loss of participant's property (a) during or relating to participant's participation, whether actively or passively, in any Activities, use of any portion of our property, including, but not limited to, the associated sidewalks and parking lots, and any event, or program sponsored by or affiliated with the Company, wherever held, (b) occurring in or about the premises (including the off-site event spaces) where any of the Activities are taking place, conducted, or performed by participant or anyone else, or in transportation to and from any of the Activities, (c) resulting from damage to, loss of, or theft of personal property of participant and due to the negligence, gross negligence, or willful misconduct of the Released Parties. You agree to pay for any and all damages to any property or equipment as a result of your or your children’s willful actions, neglect, or recklessness and agree to be held liable for all such costs associated with such damages.
By participating in the Activities, you grant us an irrevocable, royalty free, transferable license to use yourself or your children in a photograph, video, or other digital media and in any and all publications, including web-based publications, without payment or other consideration, so long as such media is for our marketing purposes. By signing the waiver you authorize us and sponsors to contact you regarding promotions, events and any other purposes. If you wish to nullify such license, you must submit a written request via email to info@MiniPlaytime.com prior to your participation in any Activities.
No outside food or drink is permitted in any of our facilities, unless specifically approved by us in advance. Full facility reservations may be permitted to bring in their own food and drink, or elect to have us provide food and drink. Under no circumstances will alcohol be permitted in our facility. Whether we provide food and/or drink, or if you provide your own food and/or drink, you remain responsible for identifying and addressing any allergies, intolerances or other limitations that are applicable to you, your minor children, or other guests, and in no event shall we be held responsible for any such food or drink.
For full facility reservations or off-site reservations, you have the option to reschedule for a $100 fee if you provide us with written notice more than thirty (30) days in advance of the party date, and the event is rescheduled to take place within ninety (90) days of the original party date. 50 % of your party package plus taxes & fees is due at booking to reserve your date and is NON-REFUNDABLE for any reason after the party is booked. Balance will be collected at the beginning of the party. By proceeding with booking your party, you understand there are no refunds should you change your mind later. Parties that are not cancelled in accordance with this section will not be rescheduled, and not subject to refund, unless we agree in writing. There are no refunds for daily or hourly play passes. Discounts at the time of purchase are nonrefundable.Any dispute or claim arising out of or relating to this Agreement, breach thereof, Activities, property damage (real or personal), personal injury (including death), or the scope, arbitrability, or validity of this arbitration agreement shall be brought by the parties in their individual capacity and not as a plaintiff or class member in any purported class or representative capacity, and settled by binding arbitration before a single arbitrator administered by the American Arbitration Association (AAA) per its Commercial Industry Arbitration Rules in effect at the time the demand for arbitration is filed. Judgment on the arbitration award may be entered in any federal or state court having jurisdiction thereof. No award shall exceed the amount of the claim by either party and the arbitrator shall have no authority to award punitive or exemplarydamages. If the dispute cannot be heard by the AAA for any reason, the dispute shall be heard by an arbitrator mutually selected by the parties. If the parties cannot agree upon an arbitrator, then either party may petition an appropriate court to appoint an arbitrator. Arbitration shall be subject to Chapter 171 of the Texas Civil Practice and Remedies Code, as amended or superseded. If either party files suit in violation of this paragraph (except to toll the statute of limitations or to seek emergency injunctive relief), such party shall reimburse the other for their costs and expenses, including attorneys’ fees, incurred in seeking abatement of such suit and enforcement of this paragraph. Venue for any action brought hereunder or as a result of participation in the Activities shall lie in Dallas County and only the substantive laws of Texas shall apply.
As the parent or legal guardian of the minor children listed below, you represent to us that you have legal capacity and authority to act for and on behalf of the minor children, and agree to INDEMNIFY AND DEFEND THE RELEASED PARTIES FROM AND AGAINST ALL CLAIMS OR LIABILITIES RESULTING FROM OR RELATING TO ANY INSUFFICIENCY OF YOUR LEGAL CAPACITY OR AUTHORITY TO ACT FOR OR ON BEHALF OF THE CHILD PARTICIPANT(S) IN THE EXECUTION OF THIS AGREEMENT.
YOU HAVE READ THIS AGREEMENT AND FULLY UNDERSTAND ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT YOU HAVE GIVEN UP RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATUE. YOU INTEND THIS AGREEMENT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT. FURTHER. THIS AGREEMENT SHALL TAKE EFFECT UPON EXECUTION AND SHALL APPLY TO ALL FUTURE PARTICIAPTION IN THE ACTIVITIES.
Name of Parent or Legal Guardian: Email: Mobile:
Address: Unit # Zip:
Name of Minor Child: DOB: Month1 January2 February3 March4 April5 May6 June7 July8 August9 September10 October11 November12 DecemberDay12345678910111213141516171819202122232425262728293031Year190019011902190319041905190619071908190919101911191219131914191519161917191819191920192119221923192419251926192719281929193019311932193319341935193619371938193919401941194219431944194519461947194819491950195119521953195419551956195719581959196019611962196319641965196619671968196919701971197219731974197519761977197819791980198119821983198419851986198719881989199019911992199319941995199619971998199920002001200220032004200520062007200820092010201120122013201420152016201720182019202020212022202320242025202620272028202920302031203220332034*Name of Minor Child: DOB: Month1 January2 February3 March4 April5 May6 June7 July8 August9 September10 October11 November12 DecemberDay12345678910111213141516171819202122232425262728293031Year190019011902190319041905190619071908190919101911191219131914191519161917191819191920192119221923192419251926192719281929193019311932193319341935193619371938193919401941194219431944194519461947194819491950195119521953195419551956195719581959196019611962196319641965196619671968196919701971197219731974197519761977197819791980198119821983198419851986198719881989199019911992199319941995199619971998199920002001200220032004200520062007200820092010201120122013201420152016201720182019202020212022202320242025202620272028202920302031203220332034
Name of Minor Child: DOB: Month1 January2 February3 March4 April5 May6 June7 July8 August9 September10 October11 November12 DecemberDay12345678910111213141516171819202122232425262728293031Year190019011902190319041905190619071908190919101911191219131914191519161917191819191920192119221923192419251926192719281929193019311932193319341935193619371938193919401941194219431944194519461947194819491950195119521953195419551956195719581959196019611962196319641965196619671968196919701971197219731974197519761977197819791980198119821983198419851986198719881989199019911992199319941995199619971998199920002001200220032004200520062007200820092010201120122013201420152016201720182019202020212022202320242025202620272028202920302031203220332034 Name of Minor Child: DOB: Month1 January2 February3 March4 April5 May6 June7 July8 August9 September10 October11 November12 DecemberDay12345678910111213141516171819202122232425262728293031Year190019011902190319041905190619071908190919101911191219131914191519161917191819191920192119221923192419251926192719281929193019311932193319341935193619371938193919401941194219431944194519461947194819491950195119521953195419551956195719581959196019611962196319641965196619671968196919701971197219731974197519761977197819791980198119821983198419851986198719881989199019911992199319941995199619971998199920002001200220032004200520062007200820092010201120122013201420152016201720182019202020212022202320242025202620272028202920302031203220332034
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