I have voluntarily elected to use and, if applicable, to allow the minor child(ren) identified above and all minor children under my supervision (referred to individually and collectively herein as “Child”), to use the Shining Smiles Indoor Play and Café Inc. facilities and equipment located at 882 Fulton St. Brooklyn, NY 11238.
In consideration for being allowed to use said facilities and equipment, and any other services provided by Shining Smiles Indoor Play and Café Inc.or its employees or agents at said location, or any other location within the State of New York, I represent, acknowledge and agree as follows:
GENERAL RELEASE
I, on behalf of myself and Child (collectively, the “Releasors”) acknowledge and agree that this Agreement covers and is intended to release and provide other benefits, legal protections, and consideration to Shining Smiles Indoor Play and Café Inc. and its respective and collective agents, owners, officers, managers, shareholders, affiliates, volunteers, participants, employees, successors, predecessors-in-interest, insurers and all other persons or entities acting in any capacity on their respective or collective behalf (collectively, the “Releasees”)
RELEASE OF POTENTIAL INJURIES
I acknowledge and agree that the use of and participation in the slides, trampolines and the other equipment and activities at the Shining Smiles Indoor Play and Café Inc. is inherently and obviously dangerous. These risks include, but are not limited to, serious physical or emotional injury, paralysis, death, damage to myself, the Child, and/or third parties, and damage to personal property of any or all such persons. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity, which I further agree is for recreational purposes and completely voluntary. I acknowledge and agree that, while the slides, trampolines and other activities that take place at Shining Smiles Indoor Play and Café Inc.are monitored in a commercially reasonable manner by Shining Smiles Indoor Play and Café Inc.employees, it is not feasible for such employees to monitor the activities and actions of all participants at all times or all participants simultaneously. Nor can they know all characteristics of every participant’s physical and mental health that might lead to injury or damage to myself or Child.
VOLUNTARY ASSUMPTION OF RISK
I represent that Child and I are in good health and in proper physical condition to participate in slide, trampoline and other activities at the Shining Smiles Indoor Play and Café Inc. I acknowledge and agree that Child and I are participating voluntarily and at our own risk. I acknowledge and agree that the actions or activities of other customers and participants or the actions or inactions of Shining Smiles Indoor Play and Café Inc. employees could cause Child and I significant bodily injury (as described in this Agreement), and that Releasees are not responsible for the actions or activities of participants using the Shining Smiles Indoor Play and Café Inc. or the negligence of its employees in supervising the Shining Smiles Indoor Play and Café Inc. or its usage, including actions, activities, or omissions that result in such harm. Some of the risks include, but are not limited to death, paralysis (partial or full, temporary or permanent), cuts, scrapes, bumps, bruises, concussions, the transmission of disease strains and allergic reactions, muscle sprains, strains or pulls, breaks or other seriously external or internal injuries to head, face (including nose and teeth/jaw), neck, torso, spine, arms, wrists, hands, legs, ankles, feet or other body parts, heat stroke, heart attacks, dehydration and other exertion-related medical events.
In addition to these injuries happening to participants, I am aware that they can occur to other customers, whether standing, walking, running or sitting in areas of the Shining Smiles Indoor Play and Café Inc. without equipment, observing, standing, sitting or taking photographs.
AGREEMENT TO PAY MEDICAL EXPENSES
I acknowledge, accept, and assume the risk of any and all medical conditions, limitations, or disabilities (whether temporary or permanent) that Child and I possess, whether known or unknown, which might contribute to or exacerbate any injury Child or I might sustain as a result of using the Shining Smiles Indoor Play and Café Inc. or any of its equipment or otherwise being present at the Shining Smiles Indoor Play and Café Inc. I acknowledge and agree that if medical assistance (of any form, including emergency care, hospitalization, out-patient care, and/or physical therapy) is required or performed as a result of any injury Child or I sustain while being present at the Shining Smiles Indoor Play and Café Inc.the costs of same shall be at my own expense.
RELEASE OF LIABILITY
Releasors hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue 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, related to or arising, directly or indirectly, from my or Child’s access to and/or use of the Shining Smiles Indoor Play and Café Inc. premises and/or its equipment (whether slides, or otherwise), the Child’s and/or my entry into the Shining Smiles Indoor Play and Café Inc., the condition, maintenance, inspection, supervision, control or security of the Shining Smiles Indoor Play and Café Inc, the failure to warn of dangerous conditions in connection with the Shining Smiles Indoor Play and Café Inc., and/or the acts or omissions of Releasees, including, without limitation, any claim for property damage, personal injury, emotional injury, illness, bodily harm, paralysis or death. I understand that this release and waiver applies not only to use of the slides, but also all other equipment, and all activities and games, and the mere presence of Child and/or I at the Shining Smiles Indoor Play and Café Inc. I understand that this release and waiver applies to and includes all activities that I or my Child engage in at the premises, whether inside or outside the Shining Smiles Indoor Play and Café Inc. In the event that any claim released herein is brought by, or asserted on behalf of, Releasors, I shall immediately defend, indemnify and hold harmless Releasees, and any of them, from any loss or liability, including reasonable attorneys' fees, associated therewith or arising therefrom.
I understand and fully acknowledge and agree that all of the risks identified herein and any other risks associated with use of the Shining Smiles Indoor Play and Café Inc.and its equipment or mere presence thereat are beyond the control of Releasees. I agree and acknowledge that should Releasees or anyone acting on their behalf, be required to incur attorneys' fees and/or costs to enforce this agreement, I agree to immediately defend, indemnify and hold Releasees harmless for and against all such attorneys’ fees and/or costs.
I understand that by agreeing to arbitrate any dispute as set forth in this section, I am waiving my right, and the right(s) of the minor child(ren) above, to maintain a lawsuit against Releasees for any and all claims covered by this Agreement. By agreeing to arbitrate, I understand that I will NOT have the right to have my claim determined by a jury, and the minor child(ren) above will NOT have the right to have claim(s) determined by a jury. Reciprocally, Releasees waive their right to maintain a lawsuit against me and the minor child(ren) above for any and all claims covered by this Agreement, and they will not have the right to have their claim(s) determined by a jury. ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO MY OR THE CHILD’S ACCESS TO AND/OR USE OF THE Shining Smiles Indoor Play and Café Inc., INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE BROUGHT WITHIN ONE YEAR OF ITS OCCURRENCE (i.e., the date of the alleged injury) AND BE DETERMINED BY ARBITRATION IN THE COUNTY WHERE THE Shining Smiles Indoor Play and Café Inc.IS LOCATED, BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS RULE 16.1 EXPEDITED ARBITRATION RULES AND PROCEDURES. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of New York, without regard to choice of law principles. Notwithstanding the provision with respect to the applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Sec. 1-16). I understand and acknowledge that the JAMS Arbitration Rules to which I agree are available online for my review at jamsadr.com, and include JAMS Comprehensive Arbitration Rules & Procedures; Rule 16.1 Expedited Procedures; and, Policy On Consumer Minimum Standards Of Procedural Fairness.
In connection with my and the Child’s use of the Shining Smiles Indoor Play and Café Inc., I consent to the recording of the Child’s and my physical likeness and/or voice through mechanical, photographic, technical, digital, electronic or other means (“Recordings”). I hereby consent to and authorize Shining Smiles Indoor Play and Café Inc.and its agents, representatives, employees, successors and assigns to use, in perpetuity, such Recordings, as well as the Child’s name and my name, for any purpose, including advertising, promoting, exploiting and/or publicizing any Shining Smiles Indoor Play and Café Inc.. I further agree that the foregoing includes the consent to use the Child’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.
TERM OF AGREEMENT
I understand that this agreement extends forever into the future and will have full force and legal effect each and every time I or my child(ren)/ward(s) visit Shining Smiles Indoor Play and Café Inc., whether at the current location or any other location or facility.
SAFETY IS YOUR RESPONSIBILITY: EACH CHILD AND I AGREE TO FOLLOW THE CODE OF PATRON RESPONSIBILITY:
a) You acknowledge that there are inherent risks in the participation in or on any indoor play park, and that such risks include not only the use of slides and trampolines, but other activities and equipment. Patrons of an indoor play park who uses slides and trampolines, and those who engage in any other activities or use any other equipment, by participation, accept the risks inherent in such participation of which the ordinary prudent person is or should be aware. Patrons have a duty to exercise good judgment and act in a responsible manner while using the slides, trampolines and other equipment, and while engaging in such activities. Patrons have a duty to obey all oral or written warnings, or both, prior to or during participation, or both.
b) You have a duty to not participate in any activity on any slide, trampoline or engage in any other activity or use any other equipment, when under the influence of drugs or alcohol.
c) You have a duty to properly use all safety equipment provided, whether for the slides, trampolines at the indoor play park, or otherwise.
d) You have a duty to not participate in any activity on any slide or trampoline, or engage in other activities or use other equipment, if you have pre-existing medical conditions, circulatory conditions, heart or lung conditions, recent surgeries, back or neck conditions, knee or ankle conditions, high blood pressure, known pregnancy, any history of spine, musculoskeletal or head injuries, or if you may be pregnant.
e) You have a duty to remove inappropriate attire including hard, sharp or dangerous objects such as buckles, pens, purses, badges and so forth.
f) You have a duty to avoid bodily contact with other patrons.
g) You have a duty to conform with or meet height, weight or age restrictions imposed by the manufacturer or owner to use or participate in any indoor play park activity, whether involving the use of slides, trampolines, or otherwise.
h) You have a duty to avoid crowding or overloading individual sections of the slides, trampolines, or other equipment.
i) You have a duty to use the slides, trampolines, and other equipment, within your own limitations, training and acquired skills.
j) You have a duty to avoid landing on the head or neck. Serious injuries, paralysis or death can occur when landing at the bottom of the slide incorrectly or on the trampoline court bed, or elsewhere, whether involving the slides, trampoline, other equipment, or otherwise.
k) You also agree to follow and obey all posted and stated warnings and patron education signs.
l) You agree to explain all safety rules to each Child you accompany, and to ensure that each Child obeys the safety rules.
I have had sufficient opportunity to read this document. I have read and understood and agree to be bound by its terms. I understand that employees working at the Shining Smiles Indoor Play and Café Inc., including the manager, do not have the authority to waive any provision of this Agreement. This Agreement constitutes and contains the entire agreement between Shining Smiles Indoor Play and Café Inc. and me relating to the Child’s and my use of the Shining Smiles Indoor Play and Café Inc.. There are no other agreements, oral, written, or implied, with respect to such matters. I further agree that this Agreement and the releases contained herein shall be construed in accordance with the laws of the State of New York. If any term or provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law governing this Agreement, the validity of the remaining portions shall not be affected thereby.
By signing below, I represent and warrant that I am the parent, legal guardian, or power-of-attorney of the above listed Child(ren) and have the authority to execute this Agreement on his/her or their behalf and to act on his/her or their behalf. I have read each and every paragraph in this document and I and they agree to be bound by the terms stated herein, including all releases of liability contained herein. I further agree to indemnify and hold harmless Releasees from any and all claims which are brought by or on behalf of this or these minor Child or Children, or any of them, which are in any way connected with, arise out of, or result from their use of—and presence at—the Shining Smiles Indoor Play and Café Inc. I am 18 years of age or older. I am entering this agreement on behalf of the Releasing Parties.
