Waiver to be signed once families arrive at the location:
Cuddle Avenue Playroom POLICIES AND ASSUMPTION OF RISK, WAIVER, AND RELEASE
The individual named below (referred to as "I" or "me") desires of being permitted to enter the premises of and/or participate in supervised play activities (the "Activities") at, and, if applicable, for his or her minor children to enter the premises of and/or participate in the Activities at, Cuddle Avenue Playroom, located at Address (“Cuddle Avenue Playroom”), provided by Company Name, a New York corporation (the "Company"). As lawful consideration for being permitted by the Company to enter Cuddle Avenue Playroom premises and participate in the Activities, I agree to all the terms and conditions set forth in this agreement (this "Agreement").
Policies and Procedures (Subject to change at any time without prior notice)
- I assume full responsibility for my own safety and conduct, and the supervision, safety, and conduct of my child(ren), while on or about Cuddle Avenue Playroom. I will remain on the premises at all times while my child(ren) is/are on premises and/or participating in the Activities.
- LIMIT THREE (3) CHILDREN PER ADULT.
- Please read all signs posted throughout Cuddle Avenue Playroom and note the age restrictions in each exhibit/play area.
- Cuddle Avenue Playroom is designed for children under five (5) years of age. The Company reserves the right to refuse admittance to any child(ren) over five (5) years of age and/or who do not fit the height and size requirements applicable to the Activities.
- For safety reasons, children between five (5) and eighteen (18) years of age are not permitted to enter into the designated play areas (the “Playspace”). Any child entering into the playspace must be accompanied by a parent or guardian at all times.
- ALL ADULTS AND CHILDREN MUST WEAR SOCKS WHILE IN THE PLAYSPACE. Socks are available for purchase. Outdoor footwear is prohibited in the Playspace. The Company reserves the right to refuse entrance to the Playspace to anyone who does not have the proper footwear.
- Please do not bring any child(ren) into Cuddle Avenue Playroom when they are ill or have a communicable medical condition. The Company reserves the right to restrict and/or refuse a child’s admission in the event the Company determines, in its sole and absolute discretion, the child is ill and/or presents a risk to the health or wellbeing of others.
- While on or about Cuddle Avenue Playroom premises, I and my child(ren) will conduct ourselves in a manner that does not threaten the health, wellbeing or full enjoyment of others.
- No rough play or fighting while on or about the playspace or Cuddle Avenue Playroom premises. The Company does not tolerate bullying, fighting and/or rough/horse play and reserves the right to refuse admittance to any individual involved in bullying, fighting, rough/horse play and/or disrespecting others. In the event the Company determines, in its sole and absolute discretion, an individual is acting in violation of this policy, such individual (and, if applicable, his/her/their parent(s), guardian(s), and/or child(ren)) will be asked to exit the premises and will not be entitled to a refund of any amounts incurred in connection with the Activities, including admission to Cuddle Avenue Playroom and/or other Activity-related fees.
- The Company will make reasonable efforts to monitor and reserves the right to limit the number of people who occupy any area of Cuddle Avenue Playroom.
- No food or beverage, including gum and candy, may be brought into the Playspace or designated areas.
- Cuddle Avenue Playroom is a nut free facility. Please do not bring or consume on premises any nuts or products that contain nuts.
- Please respect the equipment, the toys, and others. No sharp or glass objects allowed in the Playspace or Cuddle Avenue Playroom premises.
- The Company is not responsible for loss, theft or damage of any personal property. Do not leave valuables or personal belongings unattended.
- The Company reserves the right to open and close the premises or any portion of the playspace in its sole and absolute discretion. Posted hours are subject to change without prior notice for construction, maintenance, special events, holidays, or other purposes. In the event a portion of the playspace is closed, I agree I shall not be entitled to a refund of any amounts, including pro rata with respect to such closed portion(s).
- Any individual desiring entrance to the playspace and participation in the Activities, including parents, guardians, or other individuals over eighteen (18) years of age, must agree to the terms and conditions herein in order to gain entry.
Assumption of Risk, Waiver, and Indemnification
I AM AWARE AND UNDERSTAND THAT ENTRY INTO CUDDLE AVENUE PLAYROOM AND PARTICIPATION IN THE ACTIVITIES INVOLVE DANGER AND THE RISK OF PROPERTY DAMAGE AND/OR SERIOUS INJURY, INCLUDING BUT NOT LIMITED TO FALLING, BUMPING, RISKS FROM ABRASIONS, SCRAPES, CUTS, BURNS, BROKEN, SPRAINED OR BRUISED LIMBS, AND EVEN MORE SERIOUS INJURIES SUCH AS PARALYSIS OR DEATH, WHICH DANGERS AND RISKS I VOLUNTARILY ASSUME. I ACKNOWLEDGE THAT ANY INJURIES I OR MY CHILD(REN) SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. I ACKNOWLEDGE AND HEREBY VOLUNTARILY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE.
I hereby expressly waive and release any and all claims, now known or hereafter known, against the Company, and its officers, directors, affiliates, agents, employees, shareholders, successors and assigns (“Releasees”) from all liability to me, my personal representatives, assigns, heirs, and next of kin for any loss or damage, and any claim or demands therefor, on account of injury, death, or property damage, arising out of or attributable to my presence in, upon, or about Cuddle Avenue Playroom, whether in connection with my participation in the Activities and whether caused by the negligence of Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasees, and forever release and discharge the Company and all other Releasees from liability under such claims.
Furthermore, I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, injuries, illnesses, medical conditions, damages, actions, claims, liabilities, judgments, awards, interest, penalties, fines, costs, or expenses of whatever kind, including attorney’s fees and court costs, fees and costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out of or resulting from any negligent, grossly negligent, or deliberate act or omission by my child(ren) or myself.
- I understand that this is a permanent waiver to be kept on file by Cuddle Avenue Playroom for today’s visit and all subsequent and future visits.
- I expressly agree that the Company may use photos and/or video taken of children and/or caregivers at Cuddle Avenue Playroom for archival and publicity purposes. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule. I further expressly agree that this Agreement is intended to be as broad and inclusive as is permitted by the law of the State of New York and that, if any portion hereof is held invalid, it is agreed that the balance shall continue in full legal force and effect. I have read and voluntarily sign this Agreement, and further agree that no oral representations, statements, or inducement, apart from the foregoing written agreement, have been made.