In consideration for gaining access to 7260 W 159 st, Orland Park ,IL 60462 and participating in any party, play, activity, and/or program at PLAYFORFUN, LLC d/b/a YoYo's Wonderland, the undersigned, on their own behalf, and on the behalf of the participant(s) identified on this form, hereby acknowledge, appreciate, and agree to the following conditions:
1. I attest that I am the parent or legal guardian of the participant(s) undersigned, or that I have obtained permission from the parent or legal guardian of the participant(s) undersigned to execute this agreement on their behalf and agree to attend to and monitor the activities of all participant(s) undersigned such that all activities are age-appropriate and ability-appropriate.
2. I agree that the participant(s) undersigned and I shall willingly comply with all stated and customary terms, posted safety signs, rules, and safety instructions and directions given by YoYo's Wonderland and its staff and personnel as conditions for use of play equipment and participation in any party, event, activity, and/or program.
3. I, for myself and the participant(s) undersigned, acknowledge and understand that all equipment at YoYo's Wonderland including slides, stairs, climbing structures, obstacles, interactive panels, soft play structures with moving parts, games, inflatables, trampolines, and other toys can be hazardous and dangerous. Activities require various degrees of skill and experience. I understand that these activities can result in serious injury, death, illness, and loss of any kind. I understand that such risk cannot be eliminated without jeopardizing the essential qualities of the Activity. I promise to accept and assume all of the risk and responsibilities for loss of any kind, injury, death, and illness to myself and the participant(s) undersigned on the YoYo's Wonderland premises, including those that may arise out of negligence of other participants. I also hereby agree to indemnify, hold harmless and defend YoYo's Wonderland, their Franchisor, their employees and agents from any and all claims resulting from injuries, including death, damages and loss sustained by anyone, which arise out of or are in any way associated with my conduct or the conduct of those individuals participating under my supervision and/or the activities of the facility. I acknowledge that myself and the participant(s) undersigned may require medical assistance, which I acknowledge will be at my own expense or the expense of my personal insurers. I represent and affirm that I have adequate and appropriate insurance to provide coverage for such medical expenses.
4. I am aware that there are age and weight limits of certain activities for the safety of different age groups of children at YoYo's Wonderland and I agree to adhere to those restrictions.
5. In consideration of YoYo's Wonderland allowing my participation and the participation of the undersigned, I, for myself and the participant(s) undersigned and/or legal ward, heirs, administrators, personal representatives, or assigns hereby voluntarily release, waive, and forever discharge and covenant not to sue PLAYFORFUN, LLC d/b/a YoYo's Wonderland and its owners, agents, employees, officers, and all other persons or entities acting on its behalf, including its Franchisor, Boomerang Franchise, LLC.
6. I understand the effect of this waiver and acceptance of risk on my legal rights. By signing this release of liability agreement and participating at YoYo's Wonderland, it is my intention to assume all risk of injury and I for myself and the participant(s) undersigned. I hereby fully and forever release and discharge indemnify and hold harmless PLAYFORFUN, LLC, d/b/a YoYo's Wonderland and its Franchisor, its owners, employees, agents, the property owner and/or all other persons or entities acting on its behalf from any and all liabilities, claims, demands, damages, rights of action, suits or causes of action present or future, whether they be known or unknown, anticipated or unanticipated, resulting from or arising in any way out of my use or intended use of said premises, facilities or equipment to the fullest extent permitted by law. I fully and forever release and discharge the released parties and their employees and agents from any and all negligent acts and omissions in the same, and intend to be legally bound by this release to the fullest extent permitted by law.
7. I will review and observe the operational rules and understand that it is my responsibility to ask questions about the operational rules and regulations if necessary. I understand that it is my responsibility to ensure that myself and the participant(s) undersigned understand the rules. Although YoYo's Wonderland staff observe and monitor children/adults playing, it is my responsibility to supervise my children and my own activities. YoYo's Wonderland is not an insurer or guarantor of children's safety and does not assume the parental responsibility to supervise and direct children's activities. I will bring any observation of the rules being broken to the attention of a YoYo's Wonderland staff member. I certify that myself and the participant(s) undersigned are in good health and that myself and the participant(s) undersigned have no physical limitations, which would preclude safe participation at YoYo's Wonderland.
8. I agree to follow the rules as explained: Outside food is not allowed and all guests are required to wear socks at all times. Wearing socks is necessary to maintain health and safety standards. I understand that shoes are NOT allowed inside YoYo's Wonderland. YoYo's Wonderland understands that certain medical conditions can prevent me and/or participants from taking off shoes in the facility. With exceptions of medical conditions that may require shoes, I will speak to a YoYo's Wonderland staff member at guest services in order to obtain a medical wristband. I understand that failure to adhere to these rules may result in being denied entry of myself and the participant(s) undersigned.
9. Photos and use of recording devices may be used on premises and images and videos of children may be used for marketing and security purposes. I further authorize YoYo's Wonderland to use my or my child(ren)’s name, face, likeness, voice and appearances in connection with exhibitions, publicity, online or print advertising, and promotional materials.
10. I understand and agree that NO REFUND will be given to myself and the participant(s) undersigned if we have stayed 20 minutes or more regardless of the situation.
11. I acknowledge that the involvement of myself and the participant(s) undersigned in activities at YoYo's Wonderland is voluntary and no one is forcing me to participate in spite of the risks. I hereby certify that I am over 18 years of age. I have carefully read the foregoing covenant not to sue, assumption of risk, and acknowledge that I understand and agree to all of the above terms and conditions. Prior to signing this agreement, I have had an opportunity to ask any and all questions. I am aware that by signing this agreement, I assume all risks and waive and release all substantial rights that I may have possess. I understand that this waiver is subject to change.
12. As YoYo's Wonderland is a child/parent environment, the designated supervising adult(s) are responsible for the child(ren) in their care. While our staff will work hard to ensure everyone has fun, safe, and appropriate play, if a child is unable to follow the facility rules, the following steps will be taken to ensure other guests are able to enjoy their playtime:
1st Warning: The rule will be reviewed with the child again to ensure complete understanding of YoYo's Wonderland safety rules.
2nd Warning: The parent will be notified of the child's behavior and a last warning given.
3rd Warning: The child will be asked to discontinue play for at least 10 minutes (including the possibility of leaving YoYo's Wonderland with no possibility of a refund).
Bullying and unsafe play will not be tolerated.
13. If the participant is of minority age, the undersigned parent or guardian hereby gives permission for YoYo's Wonderland to authorize emergency medical treatment as may be deemed necessary for the minor(s) named below while participating in YoYo's Wonderland activities. The undersigned hereby releases, discharges, covenant not to sue, and agrees to indemnify and save and hold harmless YoYo's Wonderland from all liability, claims, demands, losses or damages on the minors account caused or alleged to have been caused in whole or in part by the negligent medical treatment, failure to provide medical treatment, or negligent rescue operations, and further agrees to indemnify and hold harmless YoYo's Wonderland from any litigation expenses, attorneys fees, loss liability, damages, or costs incurred by YoYo's Wonderland as a result of any such claim.
I HAVE READ THE ABOVE MEDICAL PERMISSION AUTHORIZATION AND BY SIGNING IT AGREE THAT IT IS MY INTENTION TO EXEPMT AND RELIEVE HYPER KIDZ FROM ALL LIABILITY ARISING AS THE RESULT OF THIS MEDICAL AUTHORIZATION.
PLEASE REVIEW ALL HYPER KIDZ SAFETY RULES WITH YOUR CHILDREN AND ENSURE THAT THEY ARE NOT CHEWING ON ANYTHING AT ALL TIMES WHILE ON THE SOFT FLOOR TO AVOID CHOKING OR VOMITING. IF A STAFF MEMBER FEELS A CHILD IS UNHEALTHY TO CONTINUE PLAY, HYPER KIDZ STAFF MAY STOP THEIR PLAY AND OFFER A FREE ADMISSION TO RETURN ANOTHER DAY.
NOTE: ALL EQUIPMENT IS EXCLUSIVELY DESIGNED FOR CHILDREN ONLY. YOU, AS A PARENT OR GUARDIAN, ARE NOT ALLOWED TO TRY ANY EQUIPMENT OTHER THAN THE LARGE PLAYGROUND STRUCTURE WHICH YOU CAN PLAY WITH YOUR OWN CHILDREN ONLY, NOT WITH OTHER ADULTS.
YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM AND HYPER KIDZ HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
COIVD -19 Assumption of Risk
While participating in events at YoYo's Wonderland, I acknowledge that “social distancing” is encouraged at all times to reduce the risks of exposure to COVID-19. Because COVID-19 is extremely contagious and is spread mainly from person-to-person contact, YoYo's Wonderland has put in place preventative measures to reduce the spread of COVID-19. However, YoYo's Wonderland cannot guarantee that its participants, volunteers, partners, or others in attendance will not become infected with COVID-19. In light of the ongoing spread of COVID-19, individuals who fall within any of the categories below should not engage in YoYo's Wonderland events and/or other activities. By attending a YoYo's Wonderland facility, you certify that you do not fall into any of the following categories: 1. Individuals who currently or within the past fourteen (14) days have experienced any symptoms associated with COVID-19, which include fever, cough, and shortness of breath among others; 2. Individuals who have traveled at any point in the past fourteen (14) days either internationally or to a community in the U.S. that has experienced or is experiencing sustained community spread of COVID-19; or 3. Individuals who believe that they may have been exposed to a confirmed or suspected case of COVID-19 or have been diagnosed with COVID-19 and are not yet cleared as non-contagious by state or local public health authorities or the health care team responsible for their treatment. DUTY TO SELF-MONITOR: Participants agree to self-monitor for signs and symptoms of COVID-19 (symptoms typically include fever, cough, and shortness of breath) and, contact YoYo's Wonderland at yoyoswonderlandil@gmail.com if he/she experiences symptoms of COVID-19 within 14 days after participating at YoYo's Wonderland.
LIABILITY WAIVER AND RELEASE OF CLAIMS: I acknowledge that I derive personal satisfaction and a benefit by virtue of my participation at YoYo's Wonderland, and I willingly engage in YoYo's Wonderland events and activities (the “Activity”).
RELEASE AND WAIVER. I HEREBY RELEASE, WAIVE AND FOREVER DISCHARGE ANY AND ALL LIABILITY, CLAIMS, AND DEMANDS OF WHATEVER KIND OR NATURE AGAINST HYPER KIDZ AND ITS AFFILIATED PARTNERS AND AFFILIATES, INCLUDING IN EACH CASE, WITHOUT LIMITATION, THEIR DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AND AGENTS (THE “RELEASED PARTIES”), EITHER IN LAW OR IN EQUITY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES CAUSED BY THE NEGLIGENCE, FAULT OR CONDUCT OF ANY KIND ON THE PART OF THE RELEASED PARTIES, INCLUDING BUT NOT LIMITED TO DEATH, BODILY INJURY, ILLNESS, ECONOMIC LOSS OR OUT OF POCKET EXPENSES, OR LOSS OR DAMAGE TO PROPERTY, WHICH I, MY HEIRS, ASSIGNEES, NEXT OF KIN AND/OR LEGALLY APPOINTED OR DESIGNATED REPRESENTATIVES, MAY HAVE OR WHICH MAY HEREINAFTER ACCRUE ON MY BEHALF, WHICH ARISE OR MAY HEREAFTER ARISE FROM MY PARTICIPATION WITH THE ACTIVITY.
ASSUMPTION OF RISK. I acknowledge and understand the following: 1. Participation includes possible exposure to and illness from infectious diseases including but not limited to COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; 2. I knowingly and freely assume all such risks related to illness and infectious diseases, such as COVID-19, even if arising from the negligence or fault of the Released Parties; and 3. I hereby knowingly assume the risk of injury, harm and loss associated with the Activity, including any injury, harm and loss caused by the negligence, fault or conduct of any kind on the part of the Released Parties.
MEDICAL ACKNOWLEDGMENT AND RELEASE. I acknowledge the health risks associated with the Activity, including but not limited to transient dizziness, lightheaded, fainting, nausea, muscle cramping, musculoskeletal injury, joint pains, sprains and strains, heart attack, stroke, or sudden death. I agree that if I experience any of these or any other symptoms during the Activity, I will discontinue my participation immediately and seek appropriate medical attention. I DO HEREBY RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES FROM ANY CLAIM WHATSOEVER WHICH ARISES OR MAY HEREAFTER ARISE ON ACCOUNT OF ANY FIRST AID, TREATMENT, OR SERVICE RENDERED IN CONNECTION WITH MY PARTICIPATION IN THE ACTIVITY. As a participant, volunteer, or attendee, you recognize that your participation, involvement and/or attendance at any YoYo's Wonderland event or activity (“Activity”) is voluntary and may result in personal injury (including death) and/or property damage. By attending, observing or participating in the Activity, You acknowledge and assume all risks and dangers associated with your participation and/or attendance at the Activity, and You agree that: (a) YoYo's Wonderland (b) the property or site owner of the Activity, and (c) all past, present and future affiliates, successors, assigns, employees, volunteers, vendors, partners, directors, and officers, of such entities (subsections (a) through (c), collectively, the "Released Parties"), will not be responsible for any personal injury (including death), property damage, or other loss suffered as a result of your participation in, attendance at, and/or observation of the Activity, regardless if any such injuries or losses are caused by the negligence of any of the Released Parties (collectively, the "Released Claims"). BY ATTENDING AND/OR PARTICIPATING IN THE ACTIVITY, YOU ARE DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
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